Has the Status of “Maximum Sustainable Yield” Become an International Customary Rule?

摘要

The concept of maximum sustainable yield has emerged as a popularly accepted concept for the benefit of the environment, yet the practical implementation of this concept and the dubious acceptance by fisherman of its lawfulness provides the CORE discussion of this article. Customary law exists as a two pillared system depending both on an element of practice in addition to the belief that the behavior in question is lawfully mandated. As such, for customary status to apply to maximum sustainable yield, this requires both pillars. This article therefore evaluates the application of the customary status to maximum sustainable yield and in doing so, demonstrates that maximum sustainable yield is itself an implementation of the greater notion of sustainable development as a whole.