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fishing on the high seas 'only where it is able to exercise effectively its responsibilities in
respect of such vessel' (Art. 18, para. 2) and, most notably, it brings an evident, but wel-
come,encroachmentonthetraditionalprincipleoffreedomofthehighseas,asstateswhich
are not willing to comply with conservation and management measures can be excluded
from fishing on the high seas: on the one hand, all states having a real interest in the fish-
eries concerned have the right to become members of a subregional or regional fisheries
management organization or participants in such an arrangement (Art. 8, para. 3); on the
other, only those states that are members of such an organization or participants in such an
arrangement, or that agree to apply the conservation and management measures established
bysuchanorganization orarrangement, have access tothe fishery resources towhich those
measures apply (Art. 8, para. 4). This important consequence was not spelled out in the
UNCLOS.
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