3 International Cooperation in Matters Concerning CMFS
Despite the close relationship between issues concerning CMFS and those related to
the PPME in the current international community, the rules and mechanisms for
international cooperation have different backgrounds in their historical development
and certain aspects of those rules and mechanisms are different in nature.
20 Thus, it is
necessary to examine the existing legal rules and mechanisms concerning these two
matters separately.
3.1 Development of Universal Organizations
and Arrangements Since the Adoption of the UNCLOS
3.1.1 Universal Arrangements for the Development
of Substantive Rules
As a universal framework the United Nations has continued efforts to develop the
UNCLOS rules and enhance the measures for their implementation. Concerning the
conservation and management of specific types of fishery resources, the Agreement
for the Implementation of the Provisions of the UN Convention on the Law of the
Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995 FSA)
21 is one of the
major fruits of those efforts and provides rules for the implementation of the relevant
UNCLOS rules which take into account new approaches to CMFS.
The general principles provided by Article 5 of the 1995 FSA contain the new
approach to CMFS, including the precautionary approach, the assessment of the
impacts of fishing, other human activities and environmental factors on target stocks
and species belonging to the same ecosystem or associated with or dependent upon
the target stocks, and the protection of biodiversity in the marine environment.
Article 6 of this agreement further sets out the substantive rules for the application
of the precautionary approach. There provisions reflect the newly developed
approach to the conservation and management measures of fish stocks. Traditional
measures for CMFS were based on the maximum sustainable yield and the total
allowable catch of respective target stock was decided in order to produce a
maximum sustainable yield. However, in accordance with new scientific knowledge,
the notions of ecosystem and precautionary approaches and the protection of biodiversity have been introduced for the purposes of ensuring effective and proper
measures for the sustainable use of a target stock.
22
20 Churchill and Lowe (1999), pp. 279–399; Rothwell and Stephens (2016), pp. 292–319 and
338–382.
21 Adopted on 4 August 1995, A/CNF.164/37, and entered into force on 11 December 2001.
22 Proelss (2017), pp. 484–487, 832–836.
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M. Kawano
Despite the close relationship between issues concerning CMFS and those related to
the PPME in the current international community, the rules and mechanisms for
international cooperation have different backgrounds in their historical development
and certain aspects of those rules and mechanisms are different in nature.
20 Thus, it is
necessary to examine the existing legal rules and mechanisms concerning these two
matters separately.
3.1 Development of Universal Organizations
and Arrangements Since the Adoption of the UNCLOS
3.1.1 Universal Arrangements for the Development
of Substantive Rules
As a universal framework the United Nations has continued efforts to develop the
UNCLOS rules and enhance the measures for their implementation. Concerning the
conservation and management of specific types of fishery resources, the Agreement
for the Implementation of the Provisions of the UN Convention on the Law of the
Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995 FSA)
21 is one of the
major fruits of those efforts and provides rules for the implementation of the relevant
UNCLOS rules which take into account new approaches to CMFS.
The general principles provided by Article 5 of the 1995 FSA contain the new
approach to CMFS, including the precautionary approach, the assessment of the
impacts of fishing, other human activities and environmental factors on target stocks
and species belonging to the same ecosystem or associated with or dependent upon
the target stocks, and the protection of biodiversity in the marine environment.
Article 6 of this agreement further sets out the substantive rules for the application
of the precautionary approach. There provisions reflect the newly developed
approach to the conservation and management measures of fish stocks. Traditional
measures for CMFS were based on the maximum sustainable yield and the total
allowable catch of respective target stock was decided in order to produce a
maximum sustainable yield. However, in accordance with new scientific knowledge,
the notions of ecosystem and precautionary approaches and the protection of biodiversity have been introduced for the purposes of ensuring effective and proper
measures for the sustainable use of a target stock.
22
20 Churchill and Lowe (1999), pp. 279–399; Rothwell and Stephens (2016), pp. 292–319 and
338–382.
21 Adopted on 4 August 1995, A/CNF.164/37, and entered into force on 11 December 2001.
22 Proelss (2017), pp. 484–487, 832–836.
14
M. Kawano