Oceans and the Law of the Sea

Fisheries management policy in Indonesia’s Exclusive Economic Zone area

The issue of high-seas fisheries is the main threat to biodiversity in areas beyond national jurisdiction. The BBNJ Agreement, which focuses on biodiversity in areas beyond national jurisdiction, is under vigorous discussion. Subject to the “not undermine” requirement and considerations of practical interests, it is highly possible that the BBNJ Agreement may not address the issue of fisheries on the high seas. The objective of this paper is to analyze the relationship between the high-seas fisheries issue and the BBNJ Agreement for the purposes of the conservation of marine biodiversity, the unity of the marine ecosystem, and the consistency of regulations. It maintains that from the perspective of protecting the oceans, enacting legislation in areas beyond national jurisdiction, and transforming marine management mode, the issue of high-seas fisheries should be included in the BBNJ Agreement. In the future, the BBNJ agreement needs to clarify its scope of application, resolve overlapping issues through general regulations and conflict rules, clarify the methods and contents of international cooperation, and establish international law obligations for integrated ocean management.

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A Sustainable Approach towards Fisheries Management: Incorporating the High-Seas Fisheries Issues into the BBNJ Agreement

Enforcement approaches against illegal fishing in national fisheries legislation

The law of the sea is central to the modern international system and has a significant impact on the global economy. Its study is undoubtedly necessary for the education of highly qualified lawyers in the field of international law due to the fact that the safety of sea transport corridors plays a significant role in the development of international trade relations. Freedom of navigation practice in the post-industrial economy depends on the quality of the institutions of public maritime law and the efficiency of the execution of maritime contracts. Authors of the textbook made efforts to master the provisions of public maritime law in their relationship with the practices of merchant shipping, which is certainly interesting and useful due to the importance of maritime trade for achieving the sustainable development goals.

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Правовое регулирование торгового мореплавания. Рецензия на учебник «Морское право и международный морской бизнес»

The second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

The law-making effects of the fao deep-sea fisheries guidelines

Abstract The second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

Lene Korseberg

Papers

The law-making effects of the fao deep-sea fisheries guidelines

Select THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES