The Straddlings Stocks Agreement and the Precautionary Principle as Interpretive Device and Rule of Law

Abstract

The author welcomes the inclusion of the precautionary approach among the binding provisions of the recently concluded Straddling Stocks Agreement, but argues that to conceive of the precautionary principle solely as an actual or potential rule of law is to miss its most valuable contribution to the development of law and policy. The principle is of particular relevance in framing arguments about the interpretation of the relevant legal instruments and in enhancing the acceptability of arguments in favor of conservation measures. The author seeks to demonstrate the manner in which precaution as a principle or general concept may influence the interpretation of the Straddling Stocks Agreement and other legal texts and contribute to an ecosystem orientation within international fisheries law.