This theme includes three binding instruments (one convention and two agreements) and ten legally non-binding instruments (which include the Code, plan of actions, and resolutions from meetings). The theme also includes resolutions from the United Nations General Assembly (UNGA), that are relevant to oceans and the Law of the Sea.
The United Nations Convention on the Law of the Sea (UNCLOS 1982), often referred to as the 'constitution of the sea', is one of the most significant international instruments of the 20th century. It establishes a set of rules for the oceans, covering ocean space, including navigation and overflight uses; territorial sea limits; conservation and management of living marine resources; protection of the marine environment; marine research regime; and a binding procedure for settlement of disputes between States. UNCLOS gave coastal States rights and responsibilities to manage and use fishery resources within their exclusive economic zones (EEZs). UNCLOS is supplemented by two agreements dealing, respectively, with seabed mining, and straddling and highly migratory fish stocks. The United Nations Fish Stocks Agreement (UNFSA, 1995) provides a legal framework for the conservation and management of straddling and highly migratory fish stocks, based on the precautionary approach.
By the late 1980s, it was clear that fisheries resources could not be exploited in an uncontrolled fashion, and calls for new approaches to fisheries management began to be made. This was addressed at the International Conference on Responsible Fishing, (Cancun Conference, 1992). The outcome Cancun Declaration called for the preparation of an international code of conduct to address the issue of fisheries management. This declaration also contributed to the 1992 UNCED process and to Agenda 21. Subsequent to UNCLOS, in order to effectively control activities of the fishing vessels flying their flags, States adopted the 1993 Compliance Agreement at a conference of the Food and Agriculture Organization of the United Nations (FAO). Following the Cancun Declaration, in 1995, the Code of Conduct for Responsible Fisheries was adopted. This establishes principles and standards for the conservation, management and development of living aquatic resources, with due respect for the ecosystem and biodiversity. The Code, a voluntary instrument, also recognizes the nutritional, economic, social, environmental and cultural importance of fisheries, and the interests of all those concerned with the fishery sector. Within the framework of the Code, FAO also adopted International Plans of Action (IPOAs), which are voluntary instruments elaborating the Code. There are four IPOAs to date-IPOA for reducing incidental catch of seabirds in longline fisheries; IPOA for the conservation and management of sharks; IPOA for the management of fishing capacity; and IPOA to prevent, deter and eliminate illegal, unreported and unregulated (IUU) fishing. The most recently adopted voluntary instrument to elaborate the Code is the Strategy for Improving Information on Status and Trends of Capture Fisheries. This provides a framework, strategy and plan for the improvement of knowledge and understanding of fishery status. The basic principles of the Code are reflected in these instruments.
The importance of sustainable fisheries and the need to incorporate ecosystem considerations in fisheries management plans were highlighted at the Conference on Responsible Fisheries in the Marine Ecosystem (Reykjavik Conference, 2001) and the subsequent Declaration.
This handbook also compiles selected resolutions of the UNGA related to this section-'oceans and law of the sea'-and on issues relating to sustainable development and fisheries management. One of the first resolutions of UNGA called for moratoria on large-scale pelagic drift-net fishing, to ensure the conservation of living marine resources. Subsequent resolutions cover issues ranging from unauthorized fishing, discards, sustainable development in fisheries, bycatch management, implementation of the 1995 Fish Stocks Agreement, and implementation of UNCLOS, to a most recent one on sustainable fisheries. These resolutions re-emphasize the need for States to develop sustainable fisheries management practices, and implement the provisions of these legal instruments.
UNCLOS, the 1995 Fish Stocks Agreement and the 1993 Compliance Agreement are the three important legally binding instruments on issues related to oceans and fisheries management, while the other instruments are non-binding or voluntary.
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