The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law

Barnes, Richard

Abstract

As the development of an implementation agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction gathers pace, it is important to consider how this might impact upon international fisheries law. Although the proposed agreement provides an opportunity to addresses governance gaps both generally and with respect to fisheries, we should not expect too much of it; not least because the inclusion per se of fisheries remains debated by States. Also, positive institutional developments are already occurring beyond this UN process.The proposed implementation agreement should not undermine existing laws, but it is unlikely to leave them untouched. The application of integrated governance principles, and the use of area-based management tools and environmental impact assessment will necessarily influence fisheries regulation in ABNJ. Accordingly, care should be taken to ensure that any innovative governance tools are adapted to existing institutional capacities and circumstances

Citation

Barnes, R. (2019). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. In D. Freestone (Ed.), Conserving biodiversity in areas beyond national jurisdiction, 104-139. Brill Academic Publishers. https://doi.org/10.1163/9789004391703_006

• Acceptance Date: Jan 1, 2019
• Online Publication Date: Feb 19, 2019
• Publication Date: Feb 7, 2019
• Deposit Date: May 1, 2019
• Publicly Available Date: Feb 8, 2021
• Journal: Conserving Biodiversity in Areas beyond National Jurisdiction
• Publisher: Brill Academic Publishers
• Pages: 104-139
• Book Title: Conserving biodiversity in areas beyond national jurisdiction
• ISBN: 9789004391697
• DOI: https://doi.org/10.1163/9789004391703_006
• Public URL: https://hull-repository.worktribe.com/output/1699532
• Publisher URL: https://brill.com/abstract/book/edcoll/9789004391703/BP000014.xml