The marine living resources and the evolving law of the sea

摘要

Historically, utilization of, and access to, the marine living resources have been one of the main driving forces which stimulated and shaped the evolution of the law of the sea. As more than 35 years have elapsed since the start of the negotiations of the 1982 United Convention on the Law of the Sea and more than 25 since its adoption, it is possible to identify a number of areas and issues where there has been a growing pressure on the Convention as a consequence of the evolution of the status and situation of these resources, of the international framework relevant to their conservation and use (including in the field of the international law of the environment and as a result of new commitments of the international community) and of the role of States, in their quality of coastal States, flag States or port States. In addition to the impact of this evolution on the legal regime established by the Convention (e.g. areas under national sovereignty or jurisdiction and high seas), there are also specific gaps in that legal regime, which result from unforeseen developments in science and technology. On the whole, however, it may be considered that any response to the collective urge to address these issues and move forward will build upon the 1982 UN Convention rather than questioning it or reopening the balanced “package” that it has established. Keywords Law of the sea - Marine living resources - Fish - Fisheries The views expressed in this work are personal to the author and do not reflect a formal position of the Organization.