Leveraging international fisheries law for maritime security in the anthropocene : addressing conflicts in fisheries

Fawkes, Kyle and Nakamura, Julia and Lennan, Mitchell; Vianello, Ilaria and Leucci, Pierandrea and Ademuni-Odeke and Tafangy, Adonis and Caligiuri, Andrea and Mandrioli, Daniele and Hassan, Daud and Clinton, Peter and La Rocca, Marco and Pavesi, Chiara and Salamino, Andrea V., eds. (2023) Leveraging international fisheries law for maritime security in the anthropocene : addressing conflicts in fisheries. In: Ascomare Yearbook on the Law of the Sea, 2022. Ascomare, San Dorligo della Valle, pp. 79-124. ISBN 9788868033330

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Abstract

Maritime security is the backbone of the modern blue economy and blue growth initiatives exemplar of the Anthropocene. While the security of coastal and archipelagic States regarding maritime shipping is safeguarded by the law of the sea regime and other legal frameworks, conflicts in fisheries remain poorly regulated by international law. As technological advances increase anthropogenic pressures in fisheries and the ocean, multilateral cooperation between States, directly or through international organisations, has facilitated economic prosperity while attempting to address sociocultural and environmental concerns arising from multiple uses of the marine space. These generally positive outcomes have largely come at the expense of volatile and often aggressive interactions between diverse groups in the fisheries sector inter-se and between other sectors. From an international law perspective, this chapter provides an appraisal of the existing international fisheries law that addresses conflicts in fisheries that are currently threatening maritime security, the marine environment, fishers’ human rights, and ultimately the socio-economic viability of the fisheries sector. First, we clarify the meaning of such conflicts, and explain their causes and consequences, noting that these conflicts can also be exacerbated by the effects of climate change and have significant detrimental impacts on vulnerable groups within the fisheries sector. We go on to explore how international fisheries law deals with conflict in fisheries, map out applicable approaches to conflict curtailment from this legal domain, and conclude by reiterating the need for further research on other legal regimes that can complement and mutually support international fisheries law, for more effectively addressing fisheries conflict and promoting maritime security in the Anthropocene.