Direito internacional do mar, pesca e peixes transzonais e altamente migratórios : a influência do Acordo de Pesca de 1995 na gestão e na conservação sustentável dos estoques pesqueiros

Abstract

The International Law of the Sea has faced issues that affect the management and sustainable conservation of straddling and highly migratory fish stocks, such as overfishing and IUU fishing. Given this scenario, this dissertation presents the following research problem: How do the legal mechanisms of the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks, and Highly Migratory Fish Stocks contribute to the sustainable management and conservation of fish stocks? The general objective is to understand, based on the interrelation between the International Law of the Sea, Fishery, and Straddling and Highly Migratory Fish, the influence of the 1995 Fisheries Agreement in the Management and Sustainable Conservation of Fish Stocks. There are two specific objectives reached from the Chapters outlined in the dissertation: I ? Analyze the sustainable management and conservation of fish stocks in the International Law of the Sea based on the cartography of fisheries stocks in the UNCLOS, the normative interactions between the UNCLOS and international legal instruments in the management and sustainable conservation of fish stocks and the travaux préparatoires of the Fish Stocks Agreement of 1995 and; II ? Investigate the structure and function of the 1995 Fish Stocks Agreement in the sustainable management and conservation of fish stocks through the normative constitution, the international obligations of States and International Organizations and the settlement of disputes in the 1995 Fish Stocks Agreement The methodology was adopted the hypothetical-deductive method. The exploratory and bibliographical type guided the research technique. It was concluded that the 1995 Fish Stocks Agreement contributes to the sustainable management and conservation of straddling and highly migratory fish stocks. This is due to several factors, with emphasis on (I) depth of the travaux préparatoires; (II) geographic scope; (III) Normative constitution covering concepts and principles of law; (IV) implementation of reference points; (V) enforcement; (VI) international cooperation between States, International Organizations and Fisheries Organizations; and (VII) dispute settlement mechanisms. [resumo fornecido pelo autor]