An analysis of sources of current international legislation dealing with fisheries : with particular reference to sustainable fishing in the Mediterranean Region

Abstract

Fishing, being a source of food and employment, is an important activity to society in general, and to coastal populations in particular. Its success depends primarily on the protection of the marine environment from over-exploitation and pollution. Within this economic sphere, the law has the challenge of determining the scale of activity that can be maintained and thus, what level of development is sustainable. Fisheries law is considered to be an integral part of the Law of the Sea. Thus it falls under the regime of the United Nations Convention on the Law of the Sea(CLOS) and the subsequent conservation and management agreements signed during the early 1990s. Other important tools for the management and conservation of the world's oceans have been signed on a Community or a Regional level. The latter agreements generally expand or develop on the principles established in CLOS.An example of the development of Fisheries laws within a community is the case of the European Community. Even though, things were slow-moving at first, the1970s global condition of depleting stocks led the EC to understand the importance of regulating this sector. With the creation of the Common Fisheries Policy, and its regular reforms, today the Community has the legal tools to achieve sustainable exploitation. However, the major challenges remaining arethose of surveillance and enforcement measures.On a regional level, most of the Mediterranean basin coastal States have signedand ratified CLOS and its subsequent agreements on fisheries. Moreover, anumber of the northern Mediterranean States are also members of the EuropeanCommunity, and as such, must abide by all the regulations enacted in furtheranceof the CFP. Due to the narrow Continental Shelf present in the region, fishingtakes place mostly in the coastal band which is highly regulated. However, therest of the seas have a high seas status since most States have not yet claimed anexclusive economic/fishing zone. Thus the role of regional commissions becomes vital in order to create a sort of uniform system in an area characterised by diverging ideals.