Abstract
Traditional fisheries m anagement - based on single-species - has proved to
be inadequate to sustainably manage living resources that are intrinsic components of
highly complex marine ecosystems. Recent developm ents 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 manage marine living resources. Shifting from single-species
approach to ecosystem-based fisheries m anagem ent (EBFM ) in areas beyond
national jurisdiction (ABNJ) has become imperative, as living resources occurring in
these regions are often more vulnerable to collapse than coastal species due to their
biological characteristics.
In light of this, this thesis aims to analyse the law-m aking of EBFM in ABNJ
as a post-developm ent of the United Nations Convention on the Law of the Sea
(UNCLOS) in order to avoid stocks collapse, destruction of critical habitats, and to
ensure the resilience of marine ecosystems. This study analyses UNCLOS, as the
main legal instrument governing the uses of the ocean and its living resources, in the
light of recent developments of international law and policy in regards to EBFM.
This study concludes that a systemic interpretation of UNCLOS in the light
of recent treaties and other legal and policy instruments provides a legal basis for the
implem entation of EBFM in marine areas beyond national jurisdiction. However, the
fragmented nature of the international fisheries regime can undermine the consistent
im plem entation of EBFM at a global level. In view of this, this study then looks
beyond the issue of interpretation, and proposes actual means for the
operationalization of EBFM at a global level in accordance with international law. It
proposes the adoption of an im plem enting agreement to UNCLOS regulating the
establishm ent of marine protected areas as a tool to the im plem entation of EBFM in
marine areas beyond national jurisdiction.
