This research examined how climate-driven shifts expose limitations in the existing international fisheries law framework, which leads to potential fisheries conflicts. Ocean warming is one of the various climate change effects that significantly influences marine ecosystem. This drives fish stocks polewards, thereby crossing several boundaries. These shifts pose challenges to the existing governance, as the legal frameworks surrounding the international fisheries law are insufficiently adapted to climate change.
The key limitations include ambiguities in the duty to cooperate, specifically regarding the obligations of conduct and result, the nature of international cooperation, which relies on the willingness of states (pacta tertiis principle), and limitations related to dispute settlement concerning the sovereign rights of States within their Exclusive Economic Zones (EEZs). Based on these findings, the research proposed solutions for future governance, more specifically, in the central Arctic Ocean. The conclusion is that there is a need for scientific and transparent governance structures to ensure effective cooperation and prevent future fishery conflicts in an era of increasing uncertainty.
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