Thesis
Bringing climate adaptation into international fisheries law
- Creator
- Rights statement
- Awarding institution
- University of Strathclyde
- Date of award
- 2024
- Thesis identifier
- T16914
- Person Identifier (Local)
- 201862973
- Qualification Level
- Qualification Name
- Department, School or Faculty
- Abstract
- Most marine species respond to ocean warming and acidification caused by climate change by moving towards higher latitudes or deeper waters where their preferred environmental conditions exist. This leads to a redistribution of species from their historical locations, resulting in jurisdictional issues and complications for managing and conserving fish populations. As fish stocks shift, conflicts between fisheries can worsen and new conflicts can arise. This also undermines management tools like marine protected areas and can lead to the loss of ecosystem goods and services, impacting food security and the rights of communities dependent on the ocean. This problem reflects the challenges faced by the law of the sea and ocean governance framework in the 21st century, particularly in the high seas beyond national jurisdiction. Regional fisheries management organizations or arrangements (RFMO/As), which are the intergovernmental bodies responsible for managing fisheries in these areas, are generally unprepared to address the issues caused by shifting fish stocks. Despite a growing body of scientific literature highlighting the global governance implications of climate-driven shifts in marine species, legal research on these challenges is lagging. Existing legal research on the ocean/climate nexus primarily focuses on climate mitigation, highlighting the need for a more integrated and systemic legal approach within the law of the sea and ocean governance. To address these challenges, this thesis aims to explore the extent to which states have an international legal obligation to adapt international fisheries management and conservation to the effects of climate change. It begins with a scientific summary of the causes and consequences of shifting fish stocks under climate change, emphasizing the need for adaptive management practices. Chapter two analyses the existing legal framework applicable to fisheries (international fisheries law) and argues that despite its silence on climate adaptation, there is a positive general international legal obligation on states to adapt fisheries management and conservation to climate change effects. Chapter three examines climate adaptation law within the international climate regime, particularly recent ocean-related developments within the United Nations Framework Convention on Climate Change, to provide normative clarity on adapting high seas fisheries to climate change. Chapter four explores the practical aspect of this obligation by examining climate adaptive practices within RFMO/As, and their legal basis, proposing suggestions for improved practices, including the use of climate adaptation finance. The conclusion summarises the key findings of the thesis and suggests future research priorities.
- Advisor / supervisor
- Switzer, Stephanie
- Morgera, Elisa
- Diz Pereira Pinto, Daniela
- Resource Type
- Note
- This thesis was previously held under moratorium from 7th May 2024 until 7th May 2026.
- DOI
Relations
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PDF of thesis T16914 | 2024-05-13 | Public | Download |