Abstract

The ecosystem approach to fisheries and ocean governance has gradually emerged as an attractive addition to, or alternative to, traditional management approaches which have not produced the desired outcomes in respect of sustainable use and conservation of the resource systems. Caribbean states are committed to principled ocean governance and have been exploring the application of ecosystem-based management approaches. This chapter looks at the international instruments that establish the legal and institutional basis for ecosystem-based fisheries management, and examines their transposition in regional and domestic policy and law. It finds that whereas the legal basis for the ecosystem approach is well established in international law, the concept is found mainly in non-binding instruments. Furthermore, within the region, although the underlying principles are to be found in both regional agreements and domestic laws, the concept has not been explicitly provided for in these instruments. Caribbean states, therefore, need to address these deficiencies to ensure the existence of a robust foundation for pursuing ecosystem-based management and principled ocean governance.

Introduction and Background

The Caribbean region's coastal and marine ecosystems and their biological diversity are complex and dynamic natural systems, and valuable national and regional assets. They have been providing the countries with countless benefits in the form of food, employment, transportation, information, culture and recreation. If these assets are used and managed well, they can make a sustained contribution to a broad range of economic, social, cultural and nutritional goals.

Today, however, numerous challenges such as global warming and sea level rise, marine pollution, overfishing, population growth, increasing food prices and the continuing degradation of the coastal and marine environment are compelling us to develop and implement policies to more effectively protect and conserve these resources for sustainable development.

The doctrine of permanent sovereignty of states over their natural resources (UNGA 1962, 1986, 1992a) has dominated the use and conservation of marine fish stocks in areas under the sovereignty or jurisdiction of coastal states. However, since the 1980s when the crisis in global fisheries became evident, there has been a gradual shifting and refocusing of attention away from the doctrine of permanent sovereignty and the rights of states to exploit the resources, towards the responsibilities associated with their use.