Defining a disproportionate burden in transboundary fisheries: Lessons from international law

Azmi, Kamal; Davis, Ruth; Hanich, Quentin A; Vrahnos, Adam

doi:10.1016/j.marpol.2016.05.007

Cited by 16 publications

(18 citation statements)

References 18 publications

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“…Individual states have varying financial and social capacities to mitigate and respond. To this end, ensuring that the burden of any climate-responsive marine conservation initiatives does not disproportionately fall on low-income countries is of vital importance ( 69 ).…”

Section: Social and Equity Challengesmentioning

confidence: 99%

Integrating climate adaptation and biodiversity conservation in the global ocean

et al. 2019

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The impacts of climate change and the socioecological challenges they present are ubiquitous and increasingly severe. Practical efforts to operationalize climate-responsive design and management in the global network of marine protected areas (MPAs) are required to ensure long-term effectiveness for safeguarding marine biodiversity and ecosystem services. Here, we review progress in integrating climate change adaptation into MPA design and management and provide eight recommendations to expedite this process. Climate-smart management objectives should become the default for all protected areas, and made into an explicit international policy target. Furthermore, incentives to use more dynamic management tools would increase the climate change responsiveness of the MPA network as a whole. Given ongoing negotiations on international conservation targets, now is the ideal time to proactively reform management of the global seascape for the dynamic climate-biodiversity reality.

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Section: Social and Equity Challengesmentioning

confidence: 99%

Integrating climate adaptation and biodiversity conservation in the global ocean

et al. 2019

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“…Adapting the two-step approach used by Azmi et al (2016) and the concepts explained above in UNCLOS and UNFSA, we developed a three-step approach (Figure 1) to analyse CMMs and to elicit differentiated responsibilities. In the first step, the RFMO must identify the management objective and the target of CMMs based on the rights of states in LOSC, the principles laid out in UNFSA, Article 7(2), Article 11 and taking into account the precautionary approach (Article 6), that is, the common responsibilities of all member states.…”

Section: Me Thodolog Ic Al Approach: Ind I C Ator S and D Ifferentiat...mentioning

confidence: 99%

“…To address some of the shortcomings and further elaborate the duties and responsibilities in LOSC, UNFSA was adopted. One additional element UNFSA ushered in was “duty to cooperate”—by requiring states to either become members of RFMOs, or at least co‐operate and apply the applicable conservation and management measures (CMMs) (Azmi et al, 2016; Molenaar, 2003). UNFSA further limits access to the resources within the region to the above mentioned two groups of states (members or cooperating non‐members, Article 8[4]).…”

Section: Common But Differentiated Responsibilities In Losc and Unfsamentioning

confidence: 99%

“…The UN Fish Stocks Agreement (UNFSA)—an implementing agreement under LOSC, which sets the global framework for the management of highly migratory and straddling fish stocks—places a duty upon state parties to cooperate for the common goal of long‐term conservation and sustainable use of resources through Regional Fisheries Management Organizations (RFMOs). In doing so, UNFSA requires member states to differentiate developing states from developed states by taking into account their special requirements in the establishment of conservation and management measures (CMMs) (Azmi et al, 2016; Davis & Hanich, 2020; Hanich et al, 2015). In effect, the LOSC and UNFSA establish common but differentiated responsibilities .…”

Section: Introductionmentioning

confidence: 99%

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Common but differentiated rights and responsibilities in tuna fisheries management

et al. 2021

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The UN Law of the Sea Convention (LOSC) and one of the implementing agreements of the Convention—the UN Fish Stocks Agreement (UNFSA)—mandates all states to cooperate in the management of highly migratory and straddling fish stocks. In doing so, the UNFSA specifies that the special requirements of developing states need to be taken into account. To date, except in the Western and Central Pacific Fisheries Commission (WCPFC), there is no formal mechanism to identify these differential responsibilities in tuna regional fisheries management organizations (RFMOs). Although some conservation and management measures exempt small‐scale and artisanal fishing vessels, power imbalances within RFMOs tend to favour the interests of more developed and larger distant water fishing nations over those of small developing coastal states. To facilitate the implementation of differentiated responsibilities as mandated in UNFSA, in this study we develop a three‐step framework that could be applied in the case of new conservation and management measure proposals. The framework has also been tested based on two developing countries and compared with a developed state in the Indian Ocean Tuna Commission and the adopted resolutions in 2019. To facilitate better transparency and equitable decision‐making processes across RFMOs, this framework could be adapted based on member states' fisheries management objectives and target and non‐target species.

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“…This trend traces some of its roots to the global sustainable development regime, particularly the 1972 United Nations Conference on the Human–Environment in Stockholm, and the subsequent 1987 report of the World Commission on Environment and Development and Rio Declaration, which was adopted by the 1992 United Nations Conference on Environment and Development (UNCED). These major conferences employed language of intra-generational equity, and implicitly or explicitly recognized the unique positions of developing countries with regard to distributing the costs and benefits of resource conservation (Azmi et al 2016 ). Other major global CPR regimes to employ language of distributional equity include the shared watercourses (e.g., “equitable and reasonable utilization”) (Bruhacs 1993 ; United Nations 1997 ; Kaya 2003 ; Cinelli 2013 ; Lankford 2013 ; Gander 2014 ), hazardous wastes (e.g., “attend to the specific needs of the developing countries”) (UNEP, 1989 ; Okereke 2006 ), and global climate regimes (e.g., “common but differentiated responsibilities”) (Müller et al 2009 ; Soltau 2009 ).…”

Section: Introductionmentioning

confidence: 99%

Resource allocation in transboundary tuna fisheries: A global analysis

Seto

Galland²,

McDonald³

et al. 2020

Ambio

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Resource allocation is a fundamental and challenging component of common pool resource governance, particularly transboundary fisheries. We highlight the growing importance of allocation in fisheries governance, comparing approaches of the five tuna Regional Fisheries Management Organizations (tRFMOs). We find all tRFMOs except one have defined resources for allocation and outlined principles to guide allocation based on equity, citizenship, and legitimacy. However, all fall short of applying these principles in assigning fish resources. Most tRFMOs rely on historical catch or effort, while equity principles rarely determine dedicated rights. Further, the current system of annual negotiations reduces certainty, trust, and transparency, counteracting many benefits asserted by rights-based management proponents. We suggest one means of gaining traction may be to shift conversations from allocative rights toward weighting of principles already identified by most tRFMOs. Incorporating principles into resource allocation remains a major opportunity, with important implications for current and future access to fish.

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Defining a disproportionate burden in transboundary fisheries: Lessons from international law

Cited by 16 publications

References 18 publications

Integrating climate adaptation and biodiversity conservation in the global ocean

Integrating climate adaptation and biodiversity conservation in the global ocean

Common but differentiated rights and responsibilities in tuna fisheries management

Resource allocation in transboundary tuna fisheries: A global analysis

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