Climate Change And Fisheries Governance Under International Law: Reconstructing Ocean Governance In The Anthropocene Era
Mahalakshmi. S, University of Madras, Department of Legal Studies
ABSTRACT
Climate change has now been identified as a major threat to the marine ecosystems and the fisheries governance worldwide. Effects like increasing sea temperatures, ocean acidification, loss of biodiversity, and fish stocks migration, have changed the traditional fisheries systems and the aftermath are the fisheries regulations helping to expose the structural weaknesses of the international legal structures. The present system of international fisheries governance, mostly under the United Nations Convention on the Law of the Sea (UNCLOS), was designed at the time when climate change was not at all recognized as a worldwide global ecological threat. Because of this, in most cases, the current legal mechanisms that we have are unable to respond properly to changing marine conditions and emerging fisheries conflicts.
This article discusses the effects of climate change on the fisheries governance under international law. It highlights the legal obstacles of existing communities, increased importance of regional fisheries organisations, and the role of recent court cases and advisory opinions in the development of climate-compatible ocean governance. The paper presents the view that international fisheries laws should no longer be based on territorial approaches only but rather they should be adaptable, ecosystem- based, and justice-oriented governance systems. Besides, it also points out that a sustainable fisheries governance in this century is heavily dependent on strong international cooperation, integration of scientific knowledge, climate justice, as well as the protection of vulnerable coastal communities.
Keywords: Climate Change - Fisheries Governance- UNCLOS- Marine Biodiversity-Climate Justice- Ocean Governance- International Environmental Law.
