Abstract

High seas is one of the ocean areas beyond of national jurisdiction. The implication of that definition made high seas turn into a free access to all states. One of freedom of high seas had known of yore is freedom of fishing, as if high seas fishery is inexhaustible. However, technological advances in fishing gear and people demand towards ocean fish causing overfishing and Illegal, Unreported, and Unregulated (IUU) Fishing are unavoided. Living resources and the environment of the high seas are more susceptible due to weak regulation on the UNCLOS 1982 which are cooperation for conservation and no restriction on exploitation. With that regard, international law-making concerning management and conservation concept based on the high seas fisheries sustainability need to be done. This article was written by normative research conducted with library studies by maximizing data in any journals and books. The concept of Marine Protected Areas (MPAs) and the establishment of Conservation Zone in the high seas is considered to have potential for fisheries management development that guarantee the sustainability of diversity high seas fisheries. Keywords: conservation; fish; high seas; UNCLOS.

Highlights

  • The total area of the high seas is predicted to cover more than 50% of the total surface of this planet or 2/3 part of the sea surface as well as being home for 90% of sea creatures.1 It’s apparent that in the last thirty years, human activity has risen and its impact has widen in the ocean, especially in the high seas

  • The high seas have other wealth that is no less valuable, such as the deep cold-water corals, that has longer growth process compared to the shallow tropical water corals even though they share the same features in term of color and variety, but this type of coral is very sensitive towards fishing equipment in the bottom of the ocean

  • Strengthening international law to ensure the conservation of free marine fisheries is needed given the decline in fishery stocks by 50% over 50 years as a result of overfishing and IUU fishing

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Summary

Introduction

The total area of the high seas is predicted to cover more than 50% of the total surface of this planet or 2/3 part of the sea surface as well as being home for 90% of sea creatures. It’s apparent that in the last thirty years, human activity has risen and its impact has widen in the ocean, especially in the high seas. Seeing the freedoms given to every state in the high seas, the natural potential that is ready to be exploited appear to be counterproductive. Until now, according to Article 87 paragraph 1 of UNCLOS, there are six freedoms of the high seas that have been approved by the international law, and those freedoms are: a. Freedom to lay submarine cables and pipelines, subject to Part VI; d. Freedom to construct artificial islands and other installations permitted under international law, subject to Part VI; e. Subject to the conditions laid down in section 2; f.

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