Challenges in Harmonising Conservation Laws on Living Marine Resources within the Framework of the EAC: Case Study of Tanzania and Kenya

Abstract

Marine ecosystems comprise transboundary resources which occupy up to 71% of the earth’s surface. Up to 90% of the world’s living marine resources exist within the Exclusive Economic Zone (EEZ). The 1982 UN LOSC confers management and conservation of the EEZ to the coastal State’s jurisdiction. It is, however, argued that since oceans are transboundary, effective conservation of their living resources requires a coordinated approach between neighbouring coastal States. Such approaches would help to avoid a situation where living marine resources of the same ecosystem are possibly conflicting conservation measures. One way through which neighbouring Coastal States can coordinate conservation measures for their living marine resources is through the process of harmonisation of laws. Harmonisation leads to the establishment of common legal structures and institutions to aid with the intended coordination. It is therefore argued that, through harmonisation, Kenya and Tanzania would enhance theirrespective conservation capacities for their living marine resources. Key Words: Harmonisation of Conservation Laws, Transboundary Living Marine Resources, Exclusive Economic Zones, Kenya and Tanzania.