1. Climate Change and Potential Actions under the UN Fish Stocks Agreement Dr. Wil Burns, Santa Clara University School of Law Climate Change Liability and the Allocation of Risk Stanford Law School February 22, 2007

2. ROADMAP Describe the potential impacts of climate change on straddling and highly migratory stocks; Outline the history of the Fish Stocks Convention and provisions germane to a cause of action for climate change impacts; Briefly discuss potential barriers to such an action.

3. Conservation Provisions: UNFSA Article 5 In order to conserve and manage straddling fish stocks and highly migratory fish stocks, coastal States and States fishing on the high seas shall, in giving effect to their duty to cooperate in accordance with the Convention: (a) adopt measures to ensure long-term sustainability of straddling fish stocks and highly migratory fish stocks and promote the objective of their optimum utilization (d) assess the impacts of fishing, other human activities and environmental factors on target stocks and species belonging to the same ecosystem or associated with or dependent upon the target stocks (f) minimize pollution... [emphasis added]

4. UNCLOS, Article 287 1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes concerning the interpretation or application of this Convention: (a) the International Tribunal for the Law of the Sea established in accordance with Annex VI; (b) the International Court of Justice; (c) an arbitral tribunal constituted in accordance with Annex VII; (d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories of disputes specified therein.

5. Responsibility/Liability - UNFSA Article 35 States Parties are liable in accordance with international law for damage or loss attributable to them in regard to this Agreement.

6. UNFCCC: Preamble Recalling also that States have, in accordance with the Charter of the United Nations and the principles of international law... the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.