Legal Status of the Precautionary Principle in International Fisheries Law and Its Application in the Marine Fisheries Regime of Bangladesh

Abstract

There are endless debates on the status of the precautionary principle in the realm of international environmental law. The confusion often occurs on the use of phrases that express the concept of precaution, such as precautionary principle, precautionary approach and precautionary measures. The precautionary principle was incorporated in major international fisheries instruments amid all of these debates and confusions. This article seeks to examine the status of the precautionary principle in international fisheries law. This article also surveys the legislative and regulatory frameworks for exploitation, conservation and management of marine fisheries in Bangladesh to find the application of the precautionary principle in the marine fisheries regime of Bangladesh. The study reveals that the application of the precautionary principle is almost absent in the marine fisheries management frameworks in Bangladesh and calls for incorporation of the same for conservation of marine fisheries and marine biodiversity.