Fisheries Management in Areas beyond National Jurisdiction

The Impact of Ecosystem Based Law-making


Traditional fisheries management – based on single-species – has proved to be inadequate to sustainably manage living resources, due to the highly complex structure of marine ecosystems. Recent developments in marine scientific research have indicated that the ecosystem-based approach, which takes into consideration the interdependence among species and their habitats, is the most appropriate way to sustainably manage marine living resources. Shifting from single-species approach to ecosystem-based fisheries management (EBFM) in areas beyond national jurisdiction (ABNJ) is extremely important, because species occurring in these regions are often more vulnerable to collapse than coastal species due to their biological characteristics.

Fisheries Management in Areas beyond National Jurisdiction describes recent developments of the law of the sea in light of ecosystem approach to fisheries management (EBFM) and conservation of biodiversity in marine biodiversity. Author Daniela Diz Pereira Pinto analyzes this urgent subject in light of the United Nations General Assembly’s recent mandate to initiate a process to improve upon the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, which includes the potential development of a multilateral agreement under the United Nations Convention on the Law of the Sea. The monograph interprets states obligations under the current regime, identifies governance gaps, and provides a number of recommendations and best practices that could be incorporated into a new implementing agreement to UNCLOS. A historical overview of EBFM provides useful context for the future development of a more comprehensive legal regime.

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Series Editor Preface

List of Abbreviations


Chapter One: Ecosystem-Based Fisheries Management
A. Introduction
B. Ecosystem
C. Ecosystem-Based Fisheries Management
D. Conclusions

Chapter Two: International Policy and Legal Framework
A. Introduction
B. International Policies
C. The United Nations Convention on the Law of the Sea
D. Fish Stocks Agreement
E. FAO Code of Conduct for Responsible Fisheries and Other ‘Soft-Law’ Instruments
F. The Convention on Biological Diversity
G. United Nations General Assembly Resolutions
H. Conclusions

Chapter Three: Fishing Practices in Areas beyond National Jurisdiction
A. Introduction
B. Fisheries for Highly Migratory Stocks
C. Fisheries for Straddling Stocks
D. Fisheries for High-Seas Stocks
E. Fishing Gears
F. Conclusions

Chapter Four: Partition of the Oceans and the Compatibility between EEZs and High-seas Fisheries Management
A. Introduction
B. Constraints of Political Boundaries
C. Is It Possible to Overcome Political Boundaries Problems by Adopting the Ecosystem-based Approach?
D. Conclusions

Chapter Five: Regional Fisheries Management Organisations and the Implementation of EBFM
A. Introduction
B. The Role of RFMOs in adopting EBFM
C. The Recent Practice of RFMOs in Implementing EBFM/EBM
D. Conclusions

Chapter Six: High-seas Marine Protected Areas as an EBFM Tool
A. Introduction
B. MPA Definition
C. Effectiveness of MPAs in Fisheries Management
D. Criteria for Selection of High-seas MPAs
E. Establishing High-seas MPAs as EBFM/EBM Tools—Legal Aspects
F. Conclusions


Those interested in international environmental law, Law of the Sea, fisheries management, and marine governance.
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