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The Court observed:
It is one of the advances in maritime international law, resulting
from the intensification of fishing, that the former laissez-faire
treatment ofthe living resources of the sea in the high seas has been
replaced by a recognition of a duty to have due regard of the rights of
other States and the needs of conservation for the benefit of all...
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On the contrary, the preferential rights are
a function of the exceptional dependence of such a coastal State on the
fisheries in adjacent waters and may, therefore, vary as the extent of
that dependence changes.
The Court's judgement on this case contributes to the development of the
law of the sea by recognizing the concept of the preferential rights of a
coastal state in the fisheries of the adjacent waters, particularly if that
state is in a special situation with its population dependent on those
fisheries...
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