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analysis of INternational law

re a static concept, in the sense that the degree of the coastal State's preference is to be considered as for ever at some given moment. 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. Moreover, the Court proceeds further to recognise that the law pertaining to fisheries must accept the primacy of the requirement of conservation based on scientific data. The exercise of preferential rights of the coastal state, as well as the hisoric rights of other states dependent on the same fishing grounds, have to be subject to the overriding consideration of proper conservation of the fishery resources for the benefit of all concerned. Some cases in which sanctions are threatened, however, see no actual implementation. The United States, for example, did not impose measures on those Latin American states that nationalized privately owned American property, despite legislation that authorizes the President to discontinue aid in the absence of adequate compensation. Enforcement measures are not the sole means of UN sanction. Skeptics of the coercive theory of international law note that forceful sanctions through the United Nations are limited to situations involving threats to the peace, breaches of peace, and acts of aggressiion. In all other instances of noncompliance of international law, the charter's own general provisions outlawing the threat or use of force actually prevent forceful sanction. Those same skeptics regard this as an appropriat...

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