The 1982 Convention provides, interalia, the international legal framework for the conservation and management of living marine resources. Separate legal regimes are specified for the conservation and management of resources (i) within areas of national jurisdiction, and (ii) on the high seas.

Part V (articles 55 to 75) of the 1982 Convention concerns the rights, duties and responsibilities of States with respect to the conservation and management of living marine resources within their EEZs. In article 61, requirements for the conservation of these resources of the EEZ are set forth, while in article 62 4 (k) requirements relating to the utilization of living resources are addressed. In very general terms, these two articles oblige States to (i) adopt conservation measures to ensure that the living marine resources falling within their respective EEZs are not over-exploited and that stocks are maintained in a healthy condition, and (ii) ensure that living resources are utilized optimally.

Article 73 of the 1982 Convention focuses on the enforcement of national fisheries laws and regulations adopted by coastal States. The intent of this article is to provide coastal States with the means to enforce fisheries conservation and management measures and to achieve optimal resource utilization, as required in articles 61 and 62. In article 73 coastal States may, in enforcing fisheries laws and regulations, undertake a range of MCS activities within their respective EEZs, including the boarding, inspection, and arrest of national and foreign flag fishing vessels, and where necessary, institute appropriate judicial proceedings against violators in order ensure compliance with conservation and management measures adopted and implemented under national fisheries legislation.

States enact national fisheries legislation with the principal objective of ensuring that fisheries resources are regulated and exploited in an orderly and sustainable manner, and that current usage of these renewable resources does not prejudice their use by future generations. Depending on national situations and circumstances relating to fisheries, the fisheries legislation normally provides for the adoption of a range of administrative and conservation and management measures. Such measures may restrict both inputs (fishing effort) and outputs (catch) in a fishery, and provide for the necessary control and enforcement measures that constitute MCS.