The precautionary principle of international fisheries law1 and its application in marine fisheries management

2021 ◽  
pp. 44-59
Author(s):  
Abdullah Al Arif
Keyword(s):  
Fisheries Management ◽  
Precautionary Principle ◽  
Marine Fisheries ◽  
The Precautionary Principle ◽  
International Fisheries

Legal Status of the Precautionary Principle in International Fisheries Law and Its Application in the Marine Fisheries Regime of Bangladesh

2018 ◽  
Vol 3 (1) ◽  
pp. 95-114 ◽  
Author(s):  
Abdullah Al Arif
Keyword(s):  
Precautionary Principle ◽  
Legal Status ◽  
Environmental Law ◽  
Marine Biodiversity ◽  
Marine Fisheries ◽  
The Precautionary Principle ◽  
The Status ◽  
Precautionary Measures ◽  
Fisheries Law ◽  
International Fisheries

There are endless debates on the status of the precautionary principle in the realm of international environmental law. The confusion often occurs on the use of phrases that express the concept of precaution, such as precautionary principle, precautionary approach and precautionary measures. The precautionary principle was incorporated in major international fisheries instruments amid all of these debates and confusions. This article seeks to examine the status of the precautionary principle in international fisheries law. This article also surveys the legislative and regulatory frameworks for exploitation, conservation and management of marine fisheries in Bangladesh to find the application of the precautionary principle in the marine fisheries regime of Bangladesh. The study reveals that the application of the precautionary principle is almost absent in the marine fisheries management frameworks in Bangladesh and calls for incorporation of the same for conservation of marine fisheries and marine biodiversity.

scholarly journals APPLYING PRECAUTIONARY PRINCIPLE IN FISHERIES MANAGEMENT

2018 ◽  
Vol 1 (1) ◽  
pp. 13-34
Author(s):  
Emmy Latifah ◽  
Moch Najib Imanullah
Keyword(s):  
Fisheries Management ◽  
Precautionary Principle ◽  
Environmental Law ◽  
Decision Makers ◽  
Sustainable Fisheries ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
Scientific Certainty

The aim of this paper is to examine an applying the precautionary principle in fisheries management. Precautionary principle is a principle where the possibility exist of serious or irreversible harm, lack of scientific certainty should not preclude cautions action by decision-makers to prevent or mitigate such harm. This principle has been accepting in widely international environmental law so that with applying this principle in fisheries management, it could be expected to provide an opportunity to progress towards sustainable fisheries development.

THE PRECAUTIONARY PRINCIPLE AND THE BOOK OF PROVERBS: TOWARD AN ETHIC OF ECOLOGICAL PRUDENCE IN OCEAN MANAGEMENT

2003 ◽  
Vol 7 (3) ◽  
pp. 253-273 ◽  
Author(s):  
Susan Power Bratton
Keyword(s):  
Environmental Management ◽  
Fisheries Management ◽  
Precautionary Principle ◽  
Weak Form ◽  
Ecological Knowledge ◽  
Wisdom Literature ◽  
Environmental Disaster ◽  
The Precautionary Principle ◽  
Ocean Management ◽  
Do No Harm

AbstractRecent catastrophes in environmental management, such as population collapses in oceanic fisheries, have led environmental activists and scholars to invoke the precautionary principle (PP). In its strong form, PP demands that no human-initiated change in an ecosystem be permitted unless it is certain it will do no harm; while, in its weak form, PP holds that if an action might be environmentally harmful, regulators may, on best evidence, limit human activities to avoid damaging ecosystem perturbations. Implementing PP, however, presents epistemological, logical and practical difficulties. This paper compares the function of PP to that of the Biblical Wisdom literature in encouraging ecological prudence, and argues that PP should be replaced by a series of guiding concepts, dealing with the limitations of ecological knowledge and the flaws in human character most likely to result in environmental disaster. The environmental cases analysed are from oceanic fisheries management.

Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh: A Critical Analysis

2017 ◽  
Vol 32 (3) ◽  
pp. 544-569 ◽  
Author(s):  
Abdullah Al Arif
Keyword(s):  
Fisheries Management ◽  
Legal Status ◽  
Marine Ecosystem ◽  
Maximum Sustainable Yield ◽  
Sustainable Yield ◽  
Marine Fisheries ◽  
Policy Regime ◽  
Management Policies ◽  
Fisheries Law ◽  
International Fisheries

Abstract Maximum sustainable yield, popularly known by its acronym msy, is perhaps the most disputed concept in the realm of international fisheries law. The first part of this article briefly describes the genesis, development and subsequent adoption of the msy concept in international, regional and national fisheries management instruments. The second part documents the criticisms that the msy concept has generated to date and seeks to find out the legal status of the msy concept in international fisheries law. The third part of this article critically examines the adoption of the msy concept in the legal and policy regime for marine fisheries in Bangladesh. The article argues that more rigorous provisions for conservation of marine ecosystem should be incorporated in fisheries management policies of Bangladesh instead of solely relying on the msy concept as an objective of fisheries management.

scholarly journals APPLYING PRECAUTIONARY PRINCIPLE IN FISHERIES MANAGEMENT

2018 ◽  
Vol 1 (1) ◽  
pp. 13-34
Author(s):  
Emmy Latifah ◽  
Moch Najib Imanullah
Keyword(s):  
Fisheries Management ◽  
Precautionary Principle ◽  
Environmental Law ◽  
Decision Makers ◽  
Sustainable Fisheries ◽  
International Environmental Law ◽  
The Precautionary Principle ◽  
Scientific Certainty

The aim of this paper is to examine an applying the precautionary principle in fisheries management. Precautionary principle is a principle where the possibility exist of serious or irreversible harm, lack of scientific certainty should not preclude cautions action by decision-makers to prevent or mitigate such harm. This principle has been accepting in widely international environmental law so that with applying this principle in fisheries management, it could be expected to provide an opportunity to progress towards sustainable fisheries development.

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