Fisheries Regulation in the Central Arctic Ocean

Background, Motivations and Aspirations of the 2018 CAOF Agreement

Series: 

Author:
Lena J. Haas
The 2018 Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement) is a unique international treaty. It sets up conditions for potential future (commercial) fisheries in the central Arctic Ocean, furthered by climate change, until ecosystem dynamics are well understood. As a product of balancing interests of various stakeholders after a multi-year drafting process, the agreement protects both fish stocks and the environment. Based on international maritime law, scientific research and principles of international environmental law, such as the precautionary approach, it sets a precedent for future fisheries agreements.
Copyright Year:
2025
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978-90-04-70067-3
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30 Dec 2024
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09 Jan 2025
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Lena J. Haas, Ph.D. (2023), University of the Bundeswehr Munich, is a Munich lawyer with a profound background in international law, honed through academic studies and accompanying activities. Passionate about environmental issues, she has developed a deep understanding of the interdependence of politics, law and the environment.
Preface

List of Figures

Abbreviations

Text of the Agreement and Outline of Provisions

1 Introduction

2 The Area: Characteristics and Challenges
 1 Definition of the Arctic

 2 Definition of the Arctic Ocean

 3 Agreement Area

 4 Climatic and Ecological Conditions and Developments
 4.1 Arctic Climate
 4.1.1 General Remarks

 4.1.2 Warming

 4.1.3 Melting Ice

 4.1.4 Ecological Changes in Food Web and Environment in the Arctic Marine Area


 4.2 Arctic Fisheries
 4.2.1 Current Status of Fish Stocks and Fisheries in the Central Arctic Ocean

 4.2.2 General Changes for Fish Stocks Resulting from Climate Change

 4.2.3 Introduction of Non-indigenous Species

 4.2.4 Fish in the Sense of the caof Agreement

 4.2.5 Fishing in the Sense of the caof Agreement


 4.3 Further Developments in the Arctic


 5 Summary


3 Foundations and Political Drivers of the caof Agreement
 1 Motivations for the caof Agreement

 2 Drafting History and Framework Conditions

 3 Participation in the caof Agreement
 3.1 The Club within the Club: Leading Role of the Arctic Five

 3.2 Accession of States


 4 Diversity of Interests
 4.1 Interests of caof Agreement Participants: Political Positions and National Approaches

 4.2 Position of Arctic Communities and Indigenous Peoples
 4.2.1 Exceptional Situation of Arctic Residents

 4.2.2 Participation of Arctic Residents

 4.2.3 Specific Rights of Local and Arctic Residents


 4.3 Interests of Non-participants to the caof Agreement


 5 Summary


4 Managing (Arctic) Fisheries: Interplay of Law and Governance
 1 Legal Regime Concerning Fisheries in the cao
 1.1 International Treaties
 1.1.1 United Nations Convention on the Law of the Sea

 1.1.2 United Nations Fish Stocks Agreement

 1.1.3 fao Compliance Agreement

 1.1.4 Agreement on Port State Measures


 1.2 Customary International Law Standards
 1.2.1 Freedom of the High Seas

 1.2.2 Duty to Cooperate


 1.3 Non-binding Soft Law Instruments
 1.3.1 International Maritime Organization Guidelines and Polar Code

 1.3.2 Arctic Environmental Protection Strategy and Arctic Council Instruments

 1.3.3 fao Code of Conduct and Related Soft-Law Instruments


 1.4 Environmental Legal Standards
 1.4.1 Convention on Biological Diversity

 1.4.2 Convention on the Conservation of Migratory Species of Wild Animals

 1.4.3 Convention on International Trade in Endangered Species of Wild Fauna and Flora

 1.4.4 2030 Agenda and Sustainable Development Goals

 1.4.5 United Nations Framework Convention on Climate Change, Kyoto Protocol and Paris Agreement


 2 Additional Cooperative Arctic Mechanisms

 3 Possibilities and Approaches of Governance in Fisheries
 3.1 Unilateral vs. Multilateral Approach

 3.2 Multilateral Governance Systems in Fisheries: Regional Fishery Bodies

 3.3 Classification of the caof Agreement


 4 Summary


5 Substantive Standards and Principles of Fisheries Management in the cao
 1 Scientific Research
 1.1 Significance of Scientific Research in Fisheries Management

 1.2 Basis of Scientific Research Activities under the caof Agreement

 1.3 Joint Program of Scientific Research and Monitoring
 1.3.1 Outline of the Program

 1.3.2 Data Sharing Protocol


 1.4 Joint Scientific Meetings

 1.5 Marine Scientific Research under unclos

 1.6 Supplementary Research Activities in the Marine Arctic
 1.6.1 National Research Activities

 1.6.2 Cooperative Research Activities

 1.6.3 Additional Research Programs


 2 Principles of Fisheries Management
 2.1 Sustainable Development
 2.1.1 Precautionary Approach

 2.1.2 Ecosystem Approach


 2.2 Duty to Cooperate
 2.2.1 Development and Definition of the Duty to Cooperate

 2.2.2 Implementation in the caof Agreement


 2.3 Decision-Making Procedures
 2.3.1 Development and Definition of Efficient Decision-Making Procedures

 2.3.2 Implementation in the caof Agreement


 2.4 Compliance and Dispute Settlement
 2.4.1 Compliance and Enforcement

 2.4.2 Dispute Settlement


 2.5 Compatibility of the caof Agreement with Existing Regulations
 2.5.1 Compatibility of the caof Agreement with the Existing Legal Framework in the cao

 2.5.2 Compatibility of Conservation and Management Measures within and beyond Areas under National Jurisdiction


 2.6 Lessons Learned from Common Problems in Fisheries Management


 3 Summary


6 Interim Conservation and Management Measures under the caof Agreement
 1 Measures regarding Commercial Fishing
 1.1 Commercial Fishing as a Management and Conservation Measure Authorised by a Newly Established rfb

 1.2 Commercial Fishing as a Management and Conservation Measure Authorised by Existing rfb s
 1.2.1 Joint Norwegian-Russian Fisheries Commission

 1.2.2 North Atlantic Salmon Conservation Organization

 1.2.3 North-East Atlantic Fisheries Commission

 1.2.4 Species-Specific rfb s


 1.3 Commercial Fishing as an Interim Measure under the caof Agreement as Decided by the Parties


 2 Measures regarding Non-commercial Fishing
 2.1 Fishing for Scientific Purposes

 2.2 Exploratory Fishing


 3 Duration of Interim Measures and of the caof Agreement

 4 Review of the caof Agreement

 5 Possible Transition to a New Agreement

 6 Suggested Subsequent Measures

 7 Summary


7 Current Developments

8 Conclusion
 1 The caof Agreement: A Fisheries Management Approach to a Unique Scenario

 2 Implications for Public International Law: New Fisheries Management Standard and the End of the High Seas?
 2.1 Evolvement of a New International Standard for rfb s?

 2.2 The End of Grotius’ Freedom of the High Seas?


Bibliography

Index

This book is essential for anyone interested in the connectedness of climate change and international environmental and maritime law, especially practitioners working in or with fisheries organizations.
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Publisher:
Brill | Nijhoff
Language:
English
Pages:
xxvi, 381 pp.
DOI:
https://doi.org/10.1163/9789004700673

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