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

• Main Author: Diz Pereira Pinto, Daniela
• Format: Dissertation
• Language: English
• Published: University of Edinburgh 2010

This thesis aims to analyse the law-making of EBFM (ecosystem-based fisheries management) as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS), and as one of the instruments to avoid stocks collapse, destruction of critical habitats, ensuring a healthy marine environment. This analysis focuses on UNCLOS as the main legal instrument governing the use of the ocean and its living resources in the light of recent developments of international law in accordance with the Vienna Convention on the Law of the Treaties. Therefore, the research concludes that a systemic interpretation of UNCLOS in the light of recent conventions and other legal instruments among their parties provides a legal basis for the implementation of EBFM in marine areas beyond national jurisdiction. The research also discusses the role of regional fisheries management organisations as a key element for the implementation of EBFM. The thesis then looks beyond the issue of interpretation and proposes actual means for the implementation of EBFM in accordance with international law. It suggests that an implementing agreement to UNCLOS should be adopted in order to regulate the establishment of marine protected areas as a tool to EBFM in marine areas beyond national jurisdiction.