Maritime Dispute Settlement Law towards Sustainable Fishery Governance: The Politics over Marine Spaces vs. Audacity of Applicable International Law

被引:12
作者
Butt, M. Jahanzeb [1 ]
Zulfiqar, Khadija [1 ]
Chang, Yen-Chiang [1 ]
Iqtaish, Ali M. A. [1 ]
机构
[1] Dalian Maritime Univ, Sch Law, Dalian 116026, Peoples R China
关键词
maritime dispute settlement law; sustainable fishery governance; preservation of marine biodiversity; United Nations Convention on Law of the Sea (UNCLOS); International Environmental Law (IEL); International Tribunal for Law of the Sea (ITLOS); International Dispute Settlement Bodies (DSBs); SOUTH CHINA SEA; ITLOS ADVISORY OPINION; STATES SPONSORING PERSONS; PROVISIONAL MEASURES; CONTINENTAL-SHELF; OCEAN GOVERNANCE; PULP-MILLS; JURISDICTION; OBLIGATIONS; RESPONSIBILITIES;
D O I
10.3390/fishes7020081
中图分类号
S9 [水产、渔业];
学科分类号
0908 ;
摘要
The present article discusses and analyses the role and contribution of International Maritime Dispute Settlement Bodies in sustainable fishery governance. From a maritime dispute settlement perspective, the discussion on preserving marine biodiversity, including fisheries and ecosystems, is unprecedented. However, dispute settlement impacts on marine biodiversity require serious attention from the viewpoint of effective implementation of the United Nations Fish Stocks Agreement, International Environmental Law, and United Nations Convention on Law of the Sea. 'Applicable law' as primary contention, which could be utilised to preserve marine biodiversity, is preferably employed for 'ship release' and 'delimitation' issues under dispute settlement mechanisms. Perhaps, the political and legal obstacles in interpreting the 'law of the sea' are one area of critique, and the optional dispute settlement mechanism is another. All these significant issues are discussed to develop a rational approach utilising 'applicable law' to preserve marine biodiversity and develop sustainable fishery governance. The result will certainly help build a better understanding of the 'applicable law' jurisdiction that may be utilised to ensure the sustainability of marine biodiversity.
引用
收藏
页数:18
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