Filling regulatory gaps in high seas fisheries: discrete high seas fish stocks, deep-sea fisheries and vulnerable marine ecosystems

Abstract

The present study examines the legal regime of high seas fisheries with a view to identifying regulatory gaps. The main research questions are as follows: 1. What general principles are applicable to high seas fisheries?; 2. What implications do these general principles have for new challenges in the conservation and management of the living resources of the high seas, including deep-sea fisheries?; 3. How have states, collectively or individually, addressed alleged regulatory gaps in the regime of high seas fisheries at the global, regional and national levels? Part I deals with the development of the general principles of high seas fisheries in two chapters: the evolution of the general principles up to the adoption of the LOSC (Chapter 1), and the general principles in the LOSC in the light of subsequent developments (Chapter 2). Part II consists of Chapters 3-5. This Part first examines the practice within international organizations at the global level (Chapter 3). The next chapter of this Part focuses on the practice of RFMO/As (Chapter 4). The final substantive chapter examines other practices at the regional and national levels (Chapter 5). The study is concluded with a synthesis of the analysis of the substantive chapters and some suggestions on action for the international community to address regulatory gaps in high seas fisheries (Chapter 6).