Maximum sustainable yield, popularly known by its acronym msy, is perhaps the most disputed concept in the realm of international fisheries law. The first part of this article briefly describes the genesis, development and subsequent adoption of the msy concept in international, regional and national fisheries management instruments. The second part documents the criticisms that the msy concept has generated to date and seeks to find out the legal status of the msy concept in international fisheries law. The third part of this article critically examines the adoption of the msy concept in the legal and policy regime for marine fisheries in Bangladesh. The article argues that more rigorous provisions for conservation of marine ecosystem should be incorporated in fisheries management policies of Bangladesh instead of solely relying on the msy concept as an objective of fisheries management.
This article argues that the Bay of Bengal coastal States have largely failed to comply with their ‘duty to cooperate’ with other States in managing and conserving fisheries resources in the Bay. The obligation to cooperate is found in applicable international and national instruments and is also regarded as a rule of customary international law. This failure of rim States to effectively engage with other States within the region in regulating marine fisheries has exacerbated the problem of illegal, unreported and unregulated (IUU) fishing in the Bay. This article recommends a major overhaul of the regional ocean governance arrangement in the region, which would help tackle IUU fishing and, in turn, facilitate the achievement of blue growth through ensuring sustainable exploitation and conservation of marine living resources in the Bay. The article finally moots for developing a regional agenda towards forming a dedicated scheme to deal with IUU fishing.
Ecosystem‐based fisheries management (EBFM) has been considered to be a solution to the multifarious problems of fisheries management in areas within and beyond national jurisdictions. However, the literature has introduced different versions of EBFM and there are controversies among commentators concerning the legal status of EBFM in international fisheries law. This article seeks to examine the legal status of EBFM. It also explores the essential features that an EBFM model should incorporate to function effectively. The article argues that the implementation of EBFM has been gaining ground as a legal obligation in international fisheries law.
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