What does the law say ?

THE INTERNATIONAL REGULATORY FRAMEWORK

Pêche profonde : Que dit la loi ? The 1995 UN Fish Stocks Agreement One year after the Law of the Sea Convention was ratified (1994), the limitations of the treaty were already so clear that an agreement was reached for the conservation and management of “straggling and highly migratory” fish stocks. Adopted in 1995, More…

THE REGULATORY FRAMEWORK IN EUROPE

Pêche profonde : Que dit la loi ?   ICES defines deep-sea fish as those fish located at a depth greater than 200 meters, but deep-sea fisheries are, arbitrarily, defined as those fisheries which have a depth of over 400 meters. “The term deep water (or deep sea) includes the waters below the continental shelves. More…

THE ECOSYSTEM APPROACH TO FISHERIES

Pêche profonde : Que dit la loi ? A legal obligation The application of the ecosystem approach to fisheries is not just the wish of NGOs involved in environmental protection, but also the obligation of EU Member States, under the Marine Strategy Framework Directive in particular.   The text notes that marine strategies must ensure More…

The sustainability principle

Sustainability is the principle demanding that exploited resources be renewable and that the rate at which they are used does not exceed their renewal rate. This notion can be compared to that of financial capital from which only the interest can be withdrawn. Given that the resources of fisheries are communal, they do not lend More…

The precautionary principle

Pêche profonde : Que dit la loi ? The need for further research is not a valid argument. It goes against the precautionary principle (France’s 1995 Barnier Law), under which “the lack of certainty, given current scientific and technical knowledge, should not hinder the adoption of effective (…) measures to prevent the risk of serious More…

REVERSING THE BURDEN OF PROOF

Pêche profonde : Que dit la loi ?   ICES, in its work on deep-sea fisheries, constantly reaffirms the sustainability principle, and marries it to another principle: that of reversing the burden of proof. ICES has repeatedly demanded that “no new fisheries for deep-sea fish should be allowed until it can be demonstrated that they More…

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