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 operatingnearby riverbanks and seashores, using simple fishing gears and boats, if any. Theycomprise most of the world capture fisheries workforce, sustain the livelihoods offishers 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. Dueto their rich and dynamic features, complexities, and challenges, small-scale fisherieshave attracted the interest of a multidisciplinary research community, which has grownover the last half-century and continues to expand. For international legal scholars,however, small-scale fisheries remain generally unknown or poorly known. An initialassumption is that international law has no, or very little, pertinence to and influenceon small-scale fisheries, and vice-versa, as small-scale fisheries predominantly occurin areas over which states exercise sovereignty and primary jurisdiction. This thesischallenges 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 contributionsto securing the participation of small-scale fisheries peoples in international fisheriesmanagement. It does so by connecting the ecosystem approach and human rights, asapplied to fisheries, and by systemically interpreting different international lawregimes where the normative foundations for the participation of small-scale fisheriespeoples in international fisheries management is grounded. Recognizing the practicalchallenges of advancing such participation based on the international legal framework,this thesis further examines participation in fisheries management from a governanceperspective, researching polycentricity and deliberative democracy, and the extent towhich the knowledgebase informing fisheries management is democratic. This thesisalso assesses the extent to which participation of small-scale fisheries peoples inexisting regional fishery bodies frameworks and frameworks involving two or morestates is addressed. The meaningful and effective participation of small-scale fisheriespeoples in international fisheries management can bring about more justice and fairoutcomes 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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