Date of Award
The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high seas fisheries, and what the legal and practical implications of their inclusion are. It provides some suggestions on how to integrate intergenerational and intra-generational equity more effectively into allocation decisions. It concludes by highlighting the contribution of law in the search for allocation frameworks.
Maria Cecilia Engler Palma, Allocation of Fishing Opportunities in Regional Fisheries Management Organizations: A Legal Analysis in the Light of Equity (LLM Thesis, Dalhousie University, Schulich School of Law, 2010) [unpublished].