Towards the implementation of ecosystem-based fisheries management in marine areas beyond national jurisdiction

Traditional fisheries management - based on single-species - has proved to be inadequate to sustainably manage living resources that are intrinsic components of highly complex marine ecosystems. Recent developments in marine scientific research have indicated that the ecosystem-based approach, which takes into consideration the interdependence among species and their habitats, is the most appropriate way to manage marine living resources. Shifting from single-species approach to ecosystem-based fisheries management (EBFM) in areas beyond national jurisdiction (ABNJ) has become imperative, as living resources occurring in these regions are often more vulnerable to collapse than coastal species due to their biological characteristics.In light of this, this thesis aims to analyse the law-making of EBFM in ABNJ as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS) in order to avoid stocks collapse, destruction of critical habitats, and to ensure the resilience of marine ecosystems. This study analyses UNCLOS, as the main legal instrument governing the uses of the ocean and its living resources, in the light of recent developments of international law and policy in regards to EBFM.This study concludes that a systemic interpretation of UNCLOS in the light of recent treaties and other legal and policy instruments provides a legal basis for the implementation of EBFM in marine areas beyond national jurisdiction. However, the fragmented nature of the international fisheries regime can undermine the consistent implementation of EBFM at a global level. In view of this, this study then looks beyond the issue of interpretation, and proposes actual means for the operationalization of EBFM at a global level in accordance with international law. It proposes the adoption of an implementing agreement to UNCLOS regulating the establishment of marine protected areas as a tool to the implementation of EBFM in marine areas beyond national jurisdiction