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Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire
Chad J McGuire
The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.