ABSTRACT

This chapter looks at the nature of global fisheries, the concept of sustainability and the nature and role of fisheries management. It examines the issues within the context of international fisheries: those which occur between two or more exclusive economic zones, between exclusive economic zones and the high seas, or wholly on the high seas. The chapter examines these issues within the context of fisheries within national jurisdiction, using the experience of Australia as a case study. The concept of 'sustainable development' first appeared in the early conservation agreements designed to protect fisheries, fauna and flora. Legal uncertainty is essentially the question of who manages, for whom, and what legal obligations are imposed on those who manage and those who exploit. Practical uncertainty relates to the question of appropriate strategies, reference points and management techniques. Finally, realistic mechanisms and controls which can be implemented, enforced and are capable of achieving sustainability are required.