Thesis

The international law for small-scale fisheries : connecting the ecosystem approach and human rights to secure participatory fisheries management

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Awarding institution
  • University of Strathclyde
Date of award
  • 2024
Thesis identifier
  • T16881
Person Identifier (Local)
  • 201888016
Qualification Level
Qualification Name
Department, School or Faculty
Abstract
  • Small-scale fisheries distinguish from other fisheries subsectors for mainly operating nearby riverbanks and seashores, using simple fishing gears and boats, if any. They comprise most of the world capture fisheries workforce, sustain the livelihoods of fishers and their communities, while building and transmitting traditional knowledge, and culture. At the same time, small-scale fisheries are complex to govern, manage, and regulate, having been historically overlooked by societies and governments. Due to their rich and dynamic features, complexities, and challenges, small-scale fisheries have attracted the interest of a multidisciplinary research community, which has grown over the last half-century and continues to expand. For international legal scholars, however, small-scale fisheries remain generally unknown or poorly known. An initial assumption is that international law has no, or very little, pertinence to and influence on small-scale fisheries, and vice-versa, as small-scale fisheries predominantly occur in areas over which states exercise sovereignty and primary jurisdiction. This thesis challenges such premise, and argues the contrary, demonstrating the current relevance, applicability and key contributions of international law to small-scale fisheries. Specifically, this thesis provides an original account of international law contributions to securing the participation of small-scale fisheries peoples in international fisheries management. It does so by connecting the ecosystem approach and human rights, as applied to fisheries, and by systemically interpreting different international law regimes where the normative foundations for the participation of small-scale fisheries peoples in international fisheries management is grounded. Recognizing the practical challenges of advancing such participation based on the international legal framework, this thesis further examines participation in fisheries management from a governance perspective, researching polycentricity and deliberative democracy, and the extent to which the knowledgebase informing fisheries management is democratic. This thesis also assesses the extent to which participation of small-scale fisheries peoples in existing regional fishery bodies frameworks and frameworks involving two or more states is addressed. The meaningful and effective participation of small-scale fisheries peoples in international fisheries management can bring about more justice and fair outcomes for them in this context.
Advisor / supervisor
  • Manoa, Pio
  • Cardesa Salzmann, Antonio
  • Morgera, Elisa
Resource Type
Note
  • Previously held under moratorium from 16 April 2024 until 16 April 2026.
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