Towards the implementation of ecosystem-based fisheries management in marine areas beyond national jurisdiction

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.