The Legal Impacts of The Convention for The Conservation of Southern Bluefin Tuna on The Optimum Utilization and Sustainability of Highly Migratory Fish

Sri Wartini

doi:10.20884/1.jdh.2019.19.3.2596

Abstract

The sustainability of southern Bluefin tuna (SBT) is very important, since the SBT as one of the highly migratory fish which is very valuable. Because of that, the SBT are exploited tremendously and it caused serious decline of the population. Due to the reasons, the aim of the paper is to examine comprehensively the legal impacts of the Convention for The Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT as one of highly migratory fish, There are two problems questions that are proposed, namely, first, how is the role of the Commission of CCSBT in the optimum utilization and sustainable conservation of the SBT. Second, how is the legal impacts of the CCSBT to the conduct of the Member States to obey the obligations of the CCSBT in order to utilize and to maintain the sustainability of the SBT in sustainable manner. The result of the paper finds that there is positive legal impacts of the CCSBT to the Member States’ conduct in order to materialize the optimum utilization and sustainability of the SBT, though, there are still some challenges. Keywords: conservation, highly migratory fish, optimum utilization, southern tuna Bluefin, sustainable manner.Southern Bluefin Tuna (SBT), as one of the highly migratory fish, is very valuable due to the high demand inthe international market. Hence, the SBT is exploited tremendously and it caused a severe decline in thepopulation. To maintain the sustainability utilization of SBT, the role of the Commission on the CCSBT isimperative. The objective of the research is to examine conceptually the legal impacts of the Convention forthe Conservation of Southern Bluefin Tuna (CCSBT) on the optimum utilization and sustainability of the SBT.It is a normative juridical research by applying conceptual and statutory approaches. The results of theresearch indicates that: first, the role of the Commission of CCSBT in the optimum utilization and thesustainability of the SBT is very significant: second, there are positive legal impacts of the CCSBT to theconduct of the Member States to comply with provisions of the CCSBT; third, the legal impacts of CCSBT areable to oblige the Member States to perform their obligations, however, there are still some challenges tomaterialize the objective of the CCSBT.Keywords: conservation; highly migratory fish; optimum utilization; southern tuna bluefin; sustainability.

Highlights

Southern tuna Bluefin is one of the highly migratory fish, which is very valuable due to their use for sushi as prevalent Japanese food and sushi bars spread across Japan and, more recently, New York, Paris, and Moscow (Korman, 2011)
This paper focuses on the legal impacts of the CCSBT as a regional fishery management organization to the optimum utilization and the sustainability of the Southern Bluefin Tuna (SBT)
The conceptual approach is used to understand the concept of the optimum utilization and the sustainability of the SBT in relating to the conducts of the Member States to comply with the obligations regulated in the CCSBT. the statutory approach is employed to examine the legal instruments applied in the compliance of the Member States to the CCSBT

Summary

Introduction

Southern tuna Bluefin is one of the highly migratory fish, which is very valuable due to their use for sushi as prevalent Japanese food and sushi bars spread across Japan and, more recently, New York, Paris, and Moscow (Korman, 2011). Since the southern Bluefin tuna, SBT is available in the exclusive economic zone (ZEE) and in the high sea, before the establishment of Regional Fisheries Management Organizations (RFMO), all states. (Wilson, 2010) The exploitation of the SBT was very massive. It causes the population of the SBT to decrease tremendously. The SBT is migratory and is known to traverse the Atlantic Ocean in a few months. They are among the largest bony fish in the ocean, reaching over 3.05 meters in length and over 500 kilograms in weight (Boon, 2013)

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