Utton, Albert E.

English

University of New Mexico

Volume 7 
Issue 3 Recent Natural Resources Cases 
Summer 1967 
Johnston, Douglas M., The International Law of Fisheries 
Albert E. Utton 
Recommended Citation 
Albert E. Utton, Johnston, Douglas M., The International Law of Fisheries, 7 Nat. Resources J. 463 (1967). 
Available at: https://digitalrepository.unm.edu/nrj/vol7/iss3/15 
This Book Review is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has 
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The International Law of Fisheries
By
DOUGLAS M. JOHNSTON
New Haven and London: Yale University Press. 1965
Pp. xxiv, 554, $12.50
The United Nations Conferences on the Law of the Sea, held in
Geneva in 1958 and 1960, clearly revealed the conflicts between the
national fiishery interests of the various fishing nations. In order
ever to hope to codify the law of the sea, these differences are
going to have to be largely resolved. The underlying policy issues at
state have to be clarified sufficiently for the individual nations to be
able to reach a concensus on their own self-interests.
Any codification must satisfy the self-interest of the various
countries individually and collectively. Thus, for the best use of the
resources to be made, neither a dogmatic internationalist nor
intractable nationalist point of view will provide all of the answers.
There will have to be an economic balance between international
and national interests. In some instances the fullest use of the
resource will require the shared inclusive participation of the inter-
national community. In other instances, fullest use and maximum
conservation will dictate exclusive national jurisdiction.
Mr. Johnston attempts to attack the international fisheries prob-
lems by clarifying the basic policies involved and thereby help
resolve the differences in national positions. He uses the multi-
disciplinary policy oriented approach formulated by Myres S.
McDougal and Harold Lasswell since the fishery problems have
important scientific and economic aspects as well as legal and diplo-
matic facets. He comprehensively studies the dominant values
underlying the problems, and evaluates proposed solutions and
alternatives.
Mr. Johnston argues that the answer to the question of who
should exercise authority, be it inclusive or exclusive over the ex-
ploitation and conservation of fisheries should not be decided by the
geographic location of the country alone, or merely by reference
to the fact that the country that is claiming exclusive authority has
exclusive authority over other uses, such as navigation or customs
control. He submits that all relevant factors must also be taken into
account before arrival at such a determination. Among those factors
that must be considered is the economics of how the available supplies
NATURAL RESOURCES JOURNAL
of labor and capital can best be used for the exploitation and con-
servation of the fisheries. Also to be taken into account are the na-
tional security interests of a coastal nation and how they are or may
be affected by foreign fishing or conservation patrol ships offshore.
The impact of a decrease in the food supply of a nation consuming
large quantities of fish and possible effects on the economy of the
fishing industries of the nations concerned would be relevant in
determining whether or not one nation should have exclusive com-
petence to exploit and/or conserve fisheries, or whether this compe-
tence should be shared with the other nations of the world. Thus,
this policy-oriented approach takes a broad view, and avoids a
narrow legalistic analysis.
The author suggests that an order of priorities must be estab-
lished in making the determination as to whether the authority
over exploitation and conservation is to be exercised inclusively,
exclusively, or with modifications. Priority consideration should be
given to the resource itself, not the users, thus "nothing shall be
tolerated that tends to impair the renewable food supply." In this
regard, scientific data may be used to indicate guide lines for pro-
viding the maximum catch or the optimum sustainable yield. Such
data might form the basis of a presumption as to who should assert
authority over the fishery. Secondary criteria also should be con-
sidered, such as the economic alternatives and military security
considerations involved.
Mr. Johnston is not a dogmatic internationalist. Although he
establishes a presumption in favor of the widest possible sharing
of resources such as fisheries which are physically sharable and
renewable, this presumption can be rebutted by an individual na-
tion's demonstrating that it has a special socio-economic interest that
outweighs the presumption in favor of internationalization of the
resource. This special interest principle may confer an exclusive
privilege on one state and require all other nations to abstain from
participation in the exploitation and conservation of a resource.
The policy-oriented approach as developed by Professors Mc-
Dougal and Lasswell uses a systematic organization and terminol-
ogy which at first makes it somewhat difficult to read. This will
probably be the most frequent criticism of the book. However, the
terminology is meaningful and precise, and the author's style is
lucid. The first three chapters appear to be repititious (The
Process of Use, The Process of Claim, and the Process of De-
[VOL. 7
BOOK REVIEWS
cision), but they are necessary to the comprehensive analysis that a
policy-oriented study demands.
This book comprehensively examines the historical development
of the existing international law of fisheries. But it does not stop
there; It goes beyond an analysis of what "is" the law or practice
and explores and recommends what it "should be."
This is a good book. No other book approaches the subject in this
comprehensive way, and it therefore fills a gap in the published
material on the subject.
Albert E. Utton*
* Associate Professor of Law, University of New Mexico, Albuquerque.
JULY 1967]


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