Abstract
The proliferation of international legal and policy instruments for fisheries governance during this post-LOSC era attests to the urgency and strong political commitment of the global community to improve and strengthen the international management and conservation framework for marine capture fisheries, fuelled in part by their mounting concerns over the pervasive unsustainable use and ineffective management of coastal and offshore fisheries worldwide. This paper aims to trace the historical origin and evolution of modern international fisheries regime, focusing on how the current legal and policy framework for responsible fisheries came into being over the last two decades. A series of chronological events that led to this process is examined, stretching back to the periods from 1980s to 2001. Included in this paper is discussion on one of the important driving factors that led to the development global framework for the sustainable and responsible use and management of marine living resources: the need to address the inherent weaknesses of fisheries regime under the LOSC. Finally, the general background of international conferences, conventions, voluntary instruments that have played pivotal role in the development of responsible fisheries concept applicable to coastal States jurisdiction are presented in the paper by examining their scope of application and structure.
Highlights
International fisheries law and policy framework has undergone progressive changes in recent years and nowhere are these changes more evident than the emergence of responsible fisheries concept enshrined in various international and regional fisheries-related instruments
Based on a 2009 report by the Committee on Fisheries (COFI) on the progress achieved in implementing the Code of Conduct and related International Plans of Actions (IPOAs), it was reported that 93 percent of the respondents from 68 Food and Agriculture Organization (FAO) member countries had put in place a national policy and legislative framework that either totally or partially conformed to the Code
This paper has examined the historical origin and evolution of modern international fisheries regime over the last two decades, concentrating on the paradigm shift in the current legal and policy framework that inclines towards promoting responsible fisheries concept
Summary
International fisheries law and policy framework has undergone progressive changes in recent years and nowhere are these changes more evident than the emergence of responsible fisheries concept enshrined in various international and regional fisheries-related instruments. Some of the fundamental elements of responsible fisheries commonly found in the aforementioned post-LOSC fisheries instruments include, among others, accountability in the action and non-action of government and stakeholders engaged in fisheries management and fishing operation (Doulman, 2007); and application of sciencebased precautionary (González-Laxe, 2005; Cooney, 2004; Caddy & Mahon 1995) and ecosystem-based approach (Sinclair et al, 2000; Lackey, 1999; Thomas, 1996) to decisionmaking and practical management in fisheries management These principles and measures in some ways epitomize the general acceptance and inclination of international community to promote an alternative approach for fisheries management and conservation. The general background of international conferences, conventions, voluntary instruments that have played pivotal role in the development of responsible fisheries concept applicable to coastal States jurisdiction are presented in the paper by examining their scope of application and structure. The paper begins by examining the LOSC and its fisheries provisions, under the exclusive economic zone (EEZ) regime
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