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

Barnes, Richard

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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 United Nations 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.

Journal Article Type Review
Publication Date Nov 22, 2016
Journal International journal of marine and coastal law
Print ISSN 0927-3522
Electronic ISSN 1571-8085
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 31
Issue 4
Pages 583-619
APA6 Citation Barnes, R. (2016). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. International Journal of Marine and Coastal Law, 31(4), 583-619. https://doi.org/10.1163/15718085-12341411
DOI https://doi.org/10.1163/15718085-12341411
Keywords International fisheries law; Governance principles; Areas beyond national jurisdiction (ABNJ); Environmental impact assessment; United Nations Convention on the Law of the Sea (LOSC) implementation agreement; Regional fisheries management organizations; A
Publisher URL http://booksandjournals.brillonline.com/content/journals/15718085
Copyright Statement ©2018 University of Hull
Additional Information This is the accepted manuscript of an article published in International journal of marine and coastal law, 2016. The version of record is available at the DOI link in this record.

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