Development of international fisheries law by international dispute settlement bodies
(2026)
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Development of International Fisheries Law by International Dispute Settlement Bodies.docx
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- (en) This is the first study to provide systematic assessment of the ways by which the international disputes settlement bodies contribute the development of the international fisheries law. International dispute settlement bodies are one of the crucial catalysts in the progressive development of modern international fishery law. Moving beyond a traditional analysis of treaties and state practice, this study examines the jurisprudence of institutions such as the International Court of Justice, the International Tribunal for the Law of the Sea, and various arbitral tribunals to reveal their functions and contributions in: giving substantive meaning to abstract legal principles such as “due diligence” and “sustainable management”; crystallizing customary international law on fisheries; adopting an evolutionary approach to address emerging challenges such as the impact of climate change on fishery resources; and balancing legal continuity with the need for innovation. Through a detailed and comprehensive analysis of key case law classified based specific topics, this thesis demonstrates how these international adjudicative bodies have not merely interpreted but have actively developed this legal regime, skillfully addressing the complex issues, including conservation and utilization of fishery resources, and the protection of fishers’ human rights. Concurrently, this work provides a focused discussion on the jurisdictional scope and procedures of fishery issues adjudicated by international courts and tribunals, especially the compulsory jurisdiction mechanisms that enable these adjudicative bodies to review fishery cases more effectively and authoritatively. This thesis contends that the practice of shaping fishery rules through international judicial means has matured in recent years, forming a dynamic and evolving system of case law. This legal order is constructed not merely by referencing established rules and instruments, but through the judgments and advisory opinions rendered by international judicial institutions based on their optimal interpretation of legal rules and value judgments when confronting new challenges like impacts of climate change on fishery resources and stricter fishing regime within MPAs in the high seas. This problem-oriented international judicial and quasi-judicial practice ensures that international fishery law remains a “living law,” capable of continuously adapting and responding to the dynamic needs of global fisheries governance.
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Zhao, Y. (2026). Development of international fisheries law by international dispute settlement bodies. https://hdl.handle.net/2078.5/277560