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Barnes, Richard; Massarella, Carmino --- "High seas fisheries" [2016] ELECD 1349; in Morgera, Elisa; Kulovesi, Kati (eds), "Research Handbook on International Law and Natural Resources" (Edward Elgar Publishing, 2016) 369

Book Title: Research Handbook on International Law and Natural Resources

Editor(s): Morgera, Elisa; Kulovesi, Kati

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783478323

Section: Chapter 18

Section Title: High seas fisheries

Author(s): Barnes, Richard; Massarella, Carmino

Number of pages: 21

Abstract/Description:

Key words: fisheries, law of the sea, trade-based controls, biological diversity, marine protected areas. The high seas and their resources are a commons, and this presents certain challenges to their effective regulation. The chapter argues that whilst there is a discreet body of international fisheries law, this cannot be viewed apart from other areas of law capable of influencing fisheries such as trade law. This chapter traces the development of the current legal regime for fisheries, before mapping out and evaluating its main features, including the United Nations Convention on the Law of the Sea 1982, the Fish Stocks Agreement 1995, and the role of Regional Fisheries Management Organizations. It then moves to consider the use of trade-based controls, marine protected areas as means of prevent harmful or excessive fishing activities. These are important aspects of the high seas regime since they can influence conduct not normally controlled within traditional fisheries laws.