The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes

Abstract

Abstract Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and limits of: 1) the compulsory dispute settlement mechanism under Section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and 2) litigation before the International Court of Justice (ICJ).