Plenty of fish in the sea? Examining the interaction between international fisheries law and international biodiversity law for the Anthropocene context

<p dir="ltr">International fisheries are not well managed by international law. The reality of this statement is underscored by the United Nations Food and Agriculture Organisation’s estimate, in their 2022 report on the State of World Fisheries and Aquaculture, that 35.4% of fish stocks are exploited at a biologically unsustainable level, up significantly from 10% in 1974. The advent of the Anthropocene, a term used to describe the current geological epoch where human beings have become the key drivers of planetary change, brings with it increasing challenges for the international fisheries regime, most notably the varied and destructive effects of climate change. In the face of these challenges this thesis asks: Can regime interaction help international fisheries law to achieve <i>conservation </i>and <i>sustainable use</i> in the Anthropocene context? <i>Conservation </i>and <i>sustainable use</i> is the central objective of modern international fisheries law, one which it shares with the international biodiversity law regime. However, despite this shared goal, the two regimes operate largely independently of one another in the marine environment.</p><p dir="ltr">Hence, a novel theoretical approach is used to answer the research question, drawing on regime interaction theory to examine how legal regimes may adapt to changing ocean conditions. Specifically, the thesis analyses the relationship between the regime-based narratives of international fisheries law and international biodiversity law in order to determine synergies and gaps which are considered to represent “regime interaction potential”. It is argued that this regime interaction potential may be operationalised through enhanced cooperation and coordination between the regimes to help international fisheries law to adapt more effectively to Anthropocene conditions.</p><p dir="ltr">The thesis is divided into three parts based on three research sub-questions which each represent essential steps in the research methodology. Part I starts by asking: how does the Anthropocene context pose challenges to the <i>conservation </i>and <i>sustainable use</i> of international fisheries? An analysis of the potential challenges for international fisheries law in the Anthropocene is elucidated here, along with the theoretical approach of the thesis. Subsequently, Part II examines the question: How is the concept of <i>conservation </i>and <i>sustainable use</i> expressed within the narratives of international fisheries law and international biodiversity law? This part analyses the respective regime-based narratives of international fisheries and international biodiversity law regarding the concept of <i>conservation </i>and <i>sustainable use</i>. Finally, Part III asks: How could regime interaction support international fisheries law in achieving <i>conservation </i>and <i>sustainable use</i> in the Anthropocene context? This section highlights the synergies and gaps present between the two regimes and demonstrates how enhanced regime interaction may allow international fisheries law to better adapt to Anthropocene conditions. Part III concludes with a proposal for how this enhanced regime interaction may be achieved in practice.</p><p dir="ltr">Ultimately the thesis aims to explore the understudied relationship between international fisheries law and international biodiversity law with particular reference to the Anthropocene. This approach allows the findings to be future-focused and offer a practical contribution to improving the existing international fisheries law. Indeed, the regime interaction potential theoretical framework represents a new way of exploring how the relationships between legal regimes may be operationalised for more effective law in the face of Anthropocene challenges.</p>