摘要

With the adoption of the United Nations Law of the Sea came the need for effective worldwide control of marine fisheries. Initially centred on single species, the tasks have extended to ecosystem-based management through the concept of marine-protected areas into habitats and biodiversity. These diverse requirements have placed enhanced responsibilities on fisheries management organizations. Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has successfully developed effective management measures for the Southern Ocean but has encountered difficulties in establishing marine-protected areas. Key to the success of CCAMLR has been the establishment of conservation measures on clearly defined topics through decision making by consensus. It is argued that the problems that CCAMLR has encountered in establishing marine-protected areas centre on the range of features, in terms of stakeholder interests, to be afforded protection allied to problems with the consensus process. In this paper, the approaches of CCAMLR in converting the conceptual framework of treaty language into practical management measures using consensus are discussed in relation to the manner in which marine-protected areas might be established within other fisheries management organizations. It is concluded that the most effective approach is as a composite of strictly focussed conservation measures the sum of which cover all facets of a marine-protected area. This approach has the further advantage that individual components can be changed without opening the whole legal instrument to re-negotiation.

  • 出版日期2017-1