1 Introduction
In recent years, the international community has been confronted with a number of
significant challenges within the context of conserving and managing marine living
resources. The present text identifies some of these challenges and provides an
analysis of the background to the situation.
It is widely recognized that the exploitation of marine living resources plays an
important role in the present system of ocean governance. We can recall, in this
regard, relevant provisions of UNCLOS.
1 Attention will be drawn, in particular, to
the institutional frameworks that can have significant implications in the fisheries
sector. In fact, this sector provides a very interesting example of the interplay
between environmental issues, the processes of socio-economic development and
the need to ensure global food security.
2
2 Governance: Some Specific Issues (and Challenges. . .)
From the outset, one should take into account the current trends in international law
(of both binding instruments and instruments of ‘soft law’) that can influence
decisions relating to the sector. Firstly, we can mention the UN Agreement for the
Implementation of the Provisions of the United Nations Convention on the Law of
the Sea relating to the Conservation and Management of Straddling Stocks and
Highly Migratory Stocks.
3 This agreement establishes some fundamental principles
in the domain: ensuring long-term conservation and the sustainable use of these
stocks; improvement of inter-state cooperation for this purpose; responsible fishing;
the preservation of bio-diversity; recognition of special requirements for developing
countries in relation to the conservation and management of these stocks and the
development of fisheries for such stocks. One of the interesting challenges that can
be identified regarding the application of this Agreement is the compatibility of
conservation and management measures. Under the relevant provision,
4 measures
established for the high seas and those adopted for areas under national jurisdiction
shall be compatible, implying that States that operate on the high seas and coastal
States have the explicit duty of cooperation in order to adopt measures applicable to
the stocks that form the subject matter of the Agreement. One should note that, when
defining such measures, a certain ‘intra-compatibility’ is foreseen, since the measures adopted under Article 7 (2), (a) to (c), of the Agreement, must take into account
the nature of measures taken by coastal States. In fact, these provisions safeguard the
measures previously adopted, agreed and applied in respect of the resources existing
1 Cf. Arts 61 to 73 and 116 to 120, UNCLOS.
2 On the importance of the sector, Cf. Churchill (2014), pp. 23–52; Ariadno (2018), pp. 50–65.
3 Entered into force on 11 December 2011. For a general analysis, Cf. Hey (1989).
4 Art. 7 of the Agreement.
112
F. C. Cardoso
In recent years, the international community has been confronted with a number of
significant challenges within the context of conserving and managing marine living
resources. The present text identifies some of these challenges and provides an
analysis of the background to the situation.
It is widely recognized that the exploitation of marine living resources plays an
important role in the present system of ocean governance. We can recall, in this
regard, relevant provisions of UNCLOS.
1 Attention will be drawn, in particular, to
the institutional frameworks that can have significant implications in the fisheries
sector. In fact, this sector provides a very interesting example of the interplay
between environmental issues, the processes of socio-economic development and
the need to ensure global food security.
2
2 Governance: Some Specific Issues (and Challenges. . .)
From the outset, one should take into account the current trends in international law
(of both binding instruments and instruments of ‘soft law’) that can influence
decisions relating to the sector. Firstly, we can mention the UN Agreement for the
Implementation of the Provisions of the United Nations Convention on the Law of
the Sea relating to the Conservation and Management of Straddling Stocks and
Highly Migratory Stocks.
3 This agreement establishes some fundamental principles
in the domain: ensuring long-term conservation and the sustainable use of these
stocks; improvement of inter-state cooperation for this purpose; responsible fishing;
the preservation of bio-diversity; recognition of special requirements for developing
countries in relation to the conservation and management of these stocks and the
development of fisheries for such stocks. One of the interesting challenges that can
be identified regarding the application of this Agreement is the compatibility of
conservation and management measures. Under the relevant provision,
4 measures
established for the high seas and those adopted for areas under national jurisdiction
shall be compatible, implying that States that operate on the high seas and coastal
States have the explicit duty of cooperation in order to adopt measures applicable to
the stocks that form the subject matter of the Agreement. One should note that, when
defining such measures, a certain ‘intra-compatibility’ is foreseen, since the measures adopted under Article 7 (2), (a) to (c), of the Agreement, must take into account
the nature of measures taken by coastal States. In fact, these provisions safeguard the
measures previously adopted, agreed and applied in respect of the resources existing
1 Cf. Arts 61 to 73 and 116 to 120, UNCLOS.
2 On the importance of the sector, Cf. Churchill (2014), pp. 23–52; Ariadno (2018), pp. 50–65.
3 Entered into force on 11 December 2011. For a general analysis, Cf. Hey (1989).
4 Art. 7 of the Agreement.
112
F. C. Cardoso