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UNCLOS 'Implementation Agreement' and Fisheries Law

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  • In June 2015, the UN General Assembly mandated the negotiation of a legally binding instrument on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). The proposed ABNJ Implementation Agreement (ABNJ IA) will have implications for the conduct and regulation of high seas fisheries and transboundary and highly migratory fisheries. Although the need for a new instrument is generally recognized, this consensus masks important differences between States on the precise scope and content of any such instrument, and of its relationship with existing arrangements, particularly fisheries instruments. Given that there is little agreement on the detail of the topics to be covered in the ABNJ IA, one must be cautious about speculating too far on what future negotiations may bring.  However, it is likely that it will set forth general principles concerning the conservation and use of marine genetic resources (MGR), provide for marine protected areas and mechanisms for environmental impact assessment.  For the most part fisheries issues will remain governed by existing instruments.  However, given the potential scale and reach of the ABNJ IA it is important to consider the relationship between it and fisheries agreements, and as to how more general measures to protect the marine environment, through for example marine protected areas, will impact on fisheries regulation. This paper examines developments towards a new regime for ABNJ under the proposed implementation agreement, focusing specifically on how it may impact upon fisheries regulation under international law.
  • Proceedings of the Eighteenth Biennial Conference of the International Institute of Fisheries Economics and Trade, held July 11-15, 2016 at Aberdeen Exhibition and Conference Center (AECC), Aberdeen, Scotland, UK.
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  • Challenging New Frontiers in the Global Seafood Sector: Proceedings of the Eighteenth Biennial Conference of the International Institute of Fisheries Economics and Trade, July 11-15, 2016. Compiled by Stefani J. Evers and Ann L. Shriver. International Institute of Fisheries Economics and Trade (IIFET), Corvallis, 2016.
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  • 0976343290

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