Publication Type

Working Paper

Version

publishedVersion

Publication Date

5-2025

Abstract

International fisheries law has so far proven inadequate to prevent over-fishing on the high seas, a key cause of biodiversity loss in areas of the ocean beyond national jurisdiction (ABNJ). Negotiation of the High Seas Treaty (Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction or BBNJ Agreement) afforded an opportunity to respond decisively to the worsening problem. The Treaty was concluded in 2023. It is yet to enter into force. Preparations and negotiations for the Treaty spanned some 20 years. By about the mid point of that process, the major distant water fishing States favoured treaty text that effectively minimized any guaranteed timely, direct, and far-reaching implications for their distant water fishing operations. The terms of the Treaty do not preclude its operationalization contributing to a step change in protecting ABNJ from biodiversity loss by distant water fishing operations, but the attitude of the distant water fishing states during the treaty negotiations in combination with the relevant institutional and decision-making provisions by which the High Seas Treaty is to be implemented mean that such an outcome would seem unlikely.

Keywords

High Seas Treaty, law of the sea, distant water, biodiversity, China, BBNJ, ABNJ, international environmental law, IUU fishing, international fisheries law

Discipline

Asian Studies | Environmental Law

Research Areas

Asian and Comparative Legal Systems

Publication

International and Comparative Law Quarterly

First Page

1

Last Page

11

Embargo Period

5-12-2025

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