International legal responses for protecting fishers' fundamental rights impacted by a changing ocean

Julia Nakamura; Julia Cirne Lima Weston; Mitchell Lennan

doi:10.1163/15718085-bja10141

International legal responses for protecting fishers' fundamental rights impacted by a changing ocean

Julia Nakamura^*, Julia Cirne Lima Weston^*, Mitchell Lennan^*

^*Corresponding author for this work

Research output: Contribution to journal › Article › peer-review

5 Citations (Scopus)

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Abstract

Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers' lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers' fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-à-vis States' obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.

Original language	English
Pages (from-to)	516-544
Number of pages	29
Journal	International Journal of Marine and Coastal Law
Volume	38
Issue number	3
DOIs	https://doi.org/10.1163/15718085-bja10141
Publication status	Published - 2023

Keywords

Climate change
Fishers
Fundamental rights
International law
Legal protection
Small-scale fishers

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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10.1163/15718085-bja10141Licence: CC BY

74450311Final published version, 5.78 MBLicence: CC BY

http://hdl.handle.net/10400.14/42503Licence: CC BY

Cite this

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title = "International legal responses for protecting fishers' fundamental rights impacted by a changing ocean",

abstract = "Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers' lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers' fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-{\`a}-vis States' obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.",

keywords = "Climate change, Fishers, Fundamental rights, International law, Legal protection, Small-scale fishers",

author = "Julia Nakamura and Weston, {Julia Cirne Lima} and Mitchell Lennan",

note = "Funding Information: This article draws from research undertaken by Julia Nakamura and Mitchell Lennan under the One Ocean Hub, which is a collaborative research programme for sustainable development funded by United Kingdom Research and Innovation ( UKRI ) through the Global Challenges Research Fund ( GCRF ) (Grant Ref: NE/S008950/1). Julia Cirne Lima Weston acknowledges as her funder the Portuguese Foundation for Science and Technology (Funda{\c c}{\~a}o para a Ci{\^e}ncia e a Tecnologia – FCT ). The authors wish to thank Professors Elisa Morgera and David Freestone as well as Dr Mara Ntona for their insightful comments on earlier drafts of this article. The authors are responsible for the current text and any remaining errors of fact or interpretation. Publisher Copyright: {\textcopyright} 2023 Julia Nakamura et al., 2023.",

year = "2023",

doi = "10.1163/15718085-bja10141",

language = "English",

volume = "38",

pages = "516--544",

journal = "International Journal of Marine and Coastal Law",

issn = "0927-3522",

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AU - Weston, Julia Cirne Lima

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N1 - Funding Information: This article draws from research undertaken by Julia Nakamura and Mitchell Lennan under the One Ocean Hub, which is a collaborative research programme for sustainable development funded by United Kingdom Research and Innovation ( UKRI ) through the Global Challenges Research Fund ( GCRF ) (Grant Ref: NE/S008950/1). Julia Cirne Lima Weston acknowledges as her funder the Portuguese Foundation for Science and Technology (Fundação para a Ciência e a Tecnologia – FCT ). The authors wish to thank Professors Elisa Morgera and David Freestone as well as Dr Mara Ntona for their insightful comments on earlier drafts of this article. The authors are responsible for the current text and any remaining errors of fact or interpretation. Publisher Copyright: © 2023 Julia Nakamura et al., 2023.

PY - 2023

Y1 - 2023

N2 - Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers' lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers' fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-à-vis States' obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.

AB - Climate change directly impacts the marine landscape where fishers operate. Most fishers rely on fishing for food, income and/or employment. A changing ocean can therefore significantly impact fishers' lives and hinder the full exercise of their rights of access to fisheries resources, rights to fish, to food, to work, to culture, and to a healthy, clean and sustainable environment. This article questions whether international law supports the protection of fishers' fundamental rights in the changing ocean context. The authors begin by elucidating what such context means to fishers and their rights, taking special account of small-scale fishers and vulnerable groups. The obligations of States Parties to key instruments under the law of the sea and international climate change law, vis-à-vis States' obligations under human rights treaties and other relevant international guidance, are explored with a view to furthering the protection of fishers impacted by a changing ocean.

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International legal responses for protecting fishers' fundamental rights impacted by a changing ocean

Abstract

Keywords

UN SDGs

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CEID-CRCFL: Católica Research Centre for the Future of Law

Cite this

International legal responses for protecting fishers' fundamental rights impacted by a changing ocean

Abstract

Keywords

UN SDGs

Access to Document

Other files and links

Fingerprint

Projects

CEID-CRCFL: Católica Research Centre for the Future of Law

Cite this