Maximum sustainable yield, popularly known by its acronym msy, is perhaps the most disputed concept in the realm of international fisheries law. The first part of this article briefly describes the genesis, development and subsequent adoption of the msy concept in international, regional and national fisheries management instruments. The second part documents the criticisms that the msy concept has generated to date and seeks to find out the legal status of the msy concept in international fisheries law. The third part of this article critically examines the adoption of the msy concept in the legal and policy regime for marine fisheries in Bangladesh. The article argues that more rigorous provisions for conservation of marine ecosystem should be incorporated in fisheries management policies of Bangladesh instead of solely relying on the msy concept as an objective of fisheries management.
This article argues that the Bay of Bengal coastal States have largely failed to comply with their ‘duty to cooperate’ with other States in managing and conserving fisheries resources in the Bay. The obligation to cooperate is found in applicable international and national instruments and is also regarded as a rule of customary international law. This failure of rim States to effectively engage with other States within the region in regulating marine fisheries has exacerbated the problem of illegal, unreported and unregulated (IUU) fishing in the Bay. This article recommends a major overhaul of the regional ocean governance arrangement in the region, which would help tackle IUU fishing and, in turn, facilitate the achievement of blue growth through ensuring sustainable exploitation and conservation of marine living resources in the Bay. The article finally moots for developing a regional agenda towards forming a dedicated scheme to deal with IUU fishing.
Ecosystem‐based fisheries management (EBFM) has been considered to be a solution to the multifarious problems of fisheries management in areas within and beyond national jurisdictions. However, the literature has introduced different versions of EBFM and there are controversies among commentators concerning the legal status of EBFM in international fisheries law. This article seeks to examine the legal status of EBFM. It also explores the essential features that an EBFM model should incorporate to function effectively. The article argues that the implementation of EBFM has been gaining ground as a legal obligation in international fisheries law.
human rights law (IHRL) . The NSAGs are bound by IHRL when they control territory and perform government-like functions (Ch. 8). The accountability gap in the current international criminal law (ICL) regime necessitates that the ICL jurisdiction should extend to NSAGs for directly committing international crimes or through their agents.Part III examines the contribution of international judicial and quasi-judicial bodies as NSAs in strengthening IHL. Recognising the contributions of the International Court of Justice (ICJ) in the development of ius in bello, the authors conclude that the role played by the ICJ in the development of IHL strikes a balance between two functions, i.e. settlement of disputes and promotion of international peace and security (Ch. 10). Highlighting the nexus between IHL and IHRL, the next chapter highlights human rights bodies' prominent role in supervising compliance with IHL and since IHL rules on targeting, lack clarity in non-international armed conflicts (NIACs), chapter 12 offers human rights bodies to harmonise IHL and IHRL in cases of use of lethal force by States against NSAGs. Part IV addresses the horizontal interactions of NSAs, particularly those aimed at improving compliance with IHL. Chapters 13 and 15 underline the importance of NSAs (the International Committee of the Red Cross and the non-government organisation Geneva Call) in NIACs and present insight into their engagement with NSAGs in ensuring promotion and respect for IHL norms. Chapter 14 explores the Monitoring and Reporting Mechanism of the United Nation's Children Affected by Armed Conflict framework as a managerial approach to non-compliance and it illustrates how the United Nations can provide a space to NSAs to ensure compliance with humanitarian rules.Given the changing nature of NSAs in terms of functions performed, control over territory or legal status, this book presents a critical and unexplored domain of IHL through the lens of NSAs. This book will be of particular interest to scholars and practitioners interested in IHL and IHRL.
This article explores the interplay between offshore wind projects (OWPs) and fisheries within a climate change context. There is scant literature reviewing the interaction and regulatory framework that applies or ought to apply to these two uses of the sea. We attempt to fill the gap by critically examining the relationship between OWPs, fisheries and climate change to then identify the key challenges arising from their interaction and co-existence. These issues not only slow down the deployment of offshore wind projects but also put in perspective the consequences of such projects. Advancing the state of the art, we put forward broad regulatory suggestions based on science-policy interfaces and marine planning concerning the spatial and temporal factors of OWPs to achieve the peaceful and sustainable co-existence of two essential resources – offshore wind and fisheries.
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