Against the Current: Charting a New Course for Human Rights in Sustainable Fisheries Management

This Note scrutinizes existing sustainable fisheries models, considering the implications of fishery management and regulation on small-scale, artisanal fishers, coastal communities, and Indigenous peoples, particularly in developing nations. It argues for a human rights-based framework in which all stakeholders and Indigenous peoples collaborate to achieve comprehensive social, ecological, and economic sustainability. It further proposes management and regulatory policies that promote inclusion of all relevant participants, incentivize sustainable practices, and penalize activities causing environmental degradation, loss of livelihood, loss of cultural practice, and human rights violations. As neither customary international law nor the Convention on the Law of the Sea currently safeguards Indigenous peoples’ rights,  this Note proposes a globally applicable framework, influenced by and considering the shortcomings of prior global initiatives. While international law regarding fisheries management has gradually shifted its focus towards sustainability and human rights concerns, even the most recent agreements fall short of establishing a truly human rights-based framework. This underlying gap emphasizes the need for a reassessment of current practices that takes into consideration the diverse perspectives of Indigenous and coastal communities.\

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