Reasonable restrictions on the freedom of fishing in high seas marine protected areas from an international law perspective: an analysis
نویسندگان
چکیده
With the development of marine protected areas (MPAs) on high seas in international community and an agreement protecting biodiversity beyond national jurisdiction, how to reasonably restrict freedom fishing MPAs has become a controversial issue theory practice. This article will use doctrinal research method. It discuss existing provisions regarding restricting including MPAs. These have been codified treaties, resolutions, soft law. In addition, since regional fisheries management organizations (RFMOs) also take part fishery MPAs, this refer measures relevant RFMOs restriction is going terms fish finds that fishing-restriction stipulated documents represented by United Nations Convention Law Sea are too general. some treaties do not address certain issues methods non-contracting parties. Therefore, these limited. The practices four established reveals establishment several reasonable restrictions. However, their shortcomings evident. From perspective law, it important improve principle based practice positive law while proceeding steadily. Moreover, cannot be broad or narrow. Specifically, we should continue develop mechanisms such as exceptions, ways fishing, advocacy for non- contracting parties strengthen information exchange.
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ژورنال
عنوان ژورنال: Frontiers in Marine Science
سال: 2023
ISSN: ['2296-7745']
DOI: https://doi.org/10.3389/fmars.2023.1030646