The crucial role of the oceans in the climate and functioning of the planet is an undeniable fact. Oceans cover over 70 percent of the earth’s surface and house a major part of global biodiversity. Ocean ecosystems support all life on earth: they regulate the global temperature, provide rain, food and oxygen, and they manage a certain amount of human pollutants. Nearly 64 percent of the oceans lie far beyond the coast of individual states. The high seas and the deep seabed, which form the parts of the oceans that are beyond the national jurisdiction of coastal countries, are some of the least protected areas on earth. Because of its very low temperature, lack of light and energy-deprived character, the high seas were long considered hostile to life. For centuries those areas beyond national jurisdiction (ABNJ) were being treated as a virtual desert without any sign of life or resources. Until the later decades of the twentieth century, the deep sea with its rare organisms and unique ecosystems was largely unexplored by humans. This resulted in a collective lack of knowledge about the rich biodiversity and abundant resources of the high seas and the deep seabed. In recent decades, human interest and activities outside the limits of coastal state jurisdiction have increased. Reasons of the sudden interest in those unknown parts of the oceans were inter alia the depletion of fishery stocks within national jurisdiction, the expansion of global maritime trade, the search for new resources and scientific interest in the deep sea. New advances in technology and maritime transport made it possible for scientists to explore the mysterious uncharted parts of the oceans. This essay will focus on one particular part of the global biodiversity, namely the high seas fish stocks. There is a worldwide increasing demand for seafood. Consequently, a global industry is developed with more and bigger ships. The increased pressure on high seas fish stocks has caused a crisis in the current high seas fisheries management. Over 32 percent of the fish stocks are overexploited, depleted or still recovering from depletion. Global fishing activities will have to become subject to sustainable management measures if we want to secure the fisheries' benefits for the long term. Sustainable management of wild fish stocks causes beneficial effects for the economic output, livelihoods and food security.
Inhaltsverzeichnis (Table of Contents)
- I Introduction
- II The Law of the Sea Convention
- A History of UNCLOS
- B Division of Ocean Areas: Fisheries Jurisdiction
- 1 Internal waters and the territorial sea
- 2 The contiguous zone
- 3 The exclusive economic zone
- 4 The continental shelf
- 5 The high seas
- 6 The Area
- III Post-UNCLOS Freedom of Fishing Restrictions and its Deficiencies
- A Post-UNCLOS High Seas Fisheries Developments
- 1 International developments in the legal regime of fisheries
- 2 Regional developments in the legal regime of fisheries
- B Governance Challenges in the High Seas
- 1 Shortcomings in the general framework for environmental protection in the high seas
- Shortcomings in the high seas fishing governance
- IV A Future UNCLOS Implementation Agreement?
- A The Global Political Arena: The UNGA and its BBNJ Working Group
- B The Future UNCLOS Implementation Agreement
- 1 Priority issues to be covered by the Implementation Agreement
- 2 Feasibility of a future Implementation Agreement
- V Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This essay examines the international legal framework governing high seas fisheries, focusing on the United Nations Convention on the Law of the Sea (UNCLOS) and its subsequent developments. The essay critically assesses the effectiveness of the existing legal regime, highlighting its shortcomings in protecting high seas ecosystems and ensuring sustainable fishing practices. Additionally, it explores the potential for a future UNCLOS implementation agreement to address these challenges and enhance global governance of high seas fisheries. The main themes explored in this essay are: * The historical evolution of the international legal framework for high seas fisheries, emphasizing the role of UNCLOS. * The division of ocean areas under UNCLOS, particularly the legal status of the high seas and the challenges of managing fisheries in these areas. * The effectiveness of post-UNCLOS measures in regulating high seas fisheries, including international and regional developments. * The governance challenges in the high seas, specifically focusing on the shortcomings of the current legal framework for environmental protection and fishing management. * The potential for a future UNCLOS implementation agreement to enhance high seas fisheries governance and promote sustainable practices.Zusammenfassung der Kapitel (Chapter Summaries)
This chapter outlines the essay's aim to critically assess the effectiveness of the international legal framework governing high seas fisheries. It provides a concise overview of the key arguments and themes explored throughout the essay. This chapter provides a historical background on the development of UNCLOS and its significance in shaping the legal framework for oceans. It examines the division of ocean areas according to UNCLOS, including the legal status of the high seas and the jurisdictional issues surrounding fisheries in these areas. This chapter delves into the legal regime governing high seas fisheries after the adoption of UNCLOS. It explores both international and regional developments in this area, highlighting the limitations of the existing legal framework in achieving sustainable fisheries management. This chapter focuses on the challenges of governing high seas fisheries, particularly the shortcomings in the current legal framework for environmental protection and fisheries management. It discusses the need for a more effective and comprehensive governance regime to ensure the sustainable use of high seas resources. This chapter examines the potential for a future UNCLOS implementation agreement to address the challenges of high seas fisheries governance. It analyzes the key issues that such an agreement should address, assessing the feasibility of its implementation.Schlüsselwörter (Keywords)
This essay focuses on the critical assessment of the legal framework for high seas fisheries, particularly UNCLOS and its implementation. Key terms and concepts include: high seas fisheries, UNCLOS, sustainable fishing, international law, environmental protection, governance challenges, regional fishing management organizations, UNCLOS implementation agreement, Areas Beyond National Jurisdiction (ABNJ), BBNJ Working Group.- Quote paper
- Elise Verdonck (Author), 2014, Towards Global Sustainable High Seas Fisheries. A critical assessment, Munich, GRIN Verlag, https://www.grin.com/document/284138
