Resumo

PAOR, Risteard de. Tackling Climate-Induced Migration of Fish Populations in the North Atlantic from a Legal, Political and Socio-Economic Perspective. Anu. Mex. Der. Inter [online]. 2022, vol.22, pp.3-43.  Epub 07-Ago-2023. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2022.22.16945.

Due to climate change, a significant migration of fish is taking place in respect of which current legal and economic norms and instruments are ill equipped to manage. Various disputes in the past, and a list of factors indicating that there shall be more such disputes in the future, underscore the inadequacy of socio-economic governance and legal norms on this issue. To avoid, reduce, mitigate and/or resolve future disputes of this nature, and thus preserve international relations as much as the relevant fish stocks, a new international, holistic fisheries instrument, adopted under UNCLOS, is needed. This instrument should set out basic principles governing the management of climate change-induced fish migration from a socio-economic and legal perspective. The new instrument would cover, to a varying degree, both exclusive economic zones and the high seas.

In particular, it should provide for increased and more immediate use of scientific findings in policy making; greater flexibility in the recognition and exchange of rights to fish; a combined bottom-up and top-down approach to fisheries management; and recourse to an international supervisory committee (composed of members from the FAO, ICES, the OECD and, where subsidies are [indirectly] involved, the WTO), ITLOS and to international arbitration to resolve disputes. The final main concept (changes to fishing industry subsidies to address overcapacity and overfishing) is currently being addressed at WTO level and should be taken into account in the new instrument.

Palavras-chave : climate change/global warming; rise in ocean temperatures; displacement/migration of fish stocks; law of the sea; new international fisheries agreement; precautionary principle; international arbitration.

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