Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Chapter 20. “Good Faith” Obligations to Protect and Preserve the Marine Environment: A Proposal on Uniform High Seas Fisheries Management

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter considers the role of "good faith" within the United Nations Convention on Law of the Sea (LOSC) legal framework. It analyses State participation in Regional Fisheries Management Organizations (RFMOs), and the domestic promulgation of laws and regulations protective of high seas fisheries. The chapter finishes with a discussion of the likelihood of States invoking doctrines of responsibility in response to the failure of some States to meet their LOSC obligations in "good faith". In addition to these high seas specific obligations, all parties are generally required to "protect and preserve the marine environment" during both their marine and non-marine activities. Finally, the chapter argues that instead of States seeking to test intellectually challenging and abstract doctrines of "State responsibility", limited State resources and cooperative capital are better invested in advancing a single shared set of technological and regulatory solutions to the current predominantly unmanaged high seas crisis.

Keywords: international law; LOSC legal framework; marine environment; Regional Fisheries Management Organizations (RFMOs); seas fisheries management



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    The Limits of Maritime Jurisdiction — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation