Tag Archives: fisheries law

New Publication: To the Anthropocene and Beyond

“To the Anthropocene and Beyond: The Responsibility of Law in Decimating and Protecting Marine Life” (2020) Forthcoming in Transnational Legal Theory (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3614600)

ABSTRACT: As marine life spirals towards mass extinction in this age of the Anthropocene, law seems incapable of preventing negative human impacts on marine biodiversity. As humanity realises its geological agency, what is the responsibility of law for marine life within the Anthropocene? This article explores this question by first theorising the concept of the Anthropocene within law, focussing on the concept of responsibility. It then analyses, based on critical environmental law theory, the core marine biodiversity norms from a historical and structural perspective. The article finds that the law of the sea is moulded by liberal constitutive processes, namely economic growth. Law is not passive in the Anthropocene; it is one of the institutions that brought the era forth. The article concludes that to ensure responsible human geological agency, law must be used strategically to destabilise the dominant paradigm and reform it in something that recognises our responsibility towards the oceans and the biosphere.

Farming the Sea, a False Solution to a Real Problem: Critical Reflections on Canada’s Aquaculture Regulations

Given the dismal state of world fisheries and their continuing decline—exacerbated by climate change—aquaculture is touted by some to be a promising means for fulfilling the growing global demand for seafood, as reflected in its rapid growth as a segment of the global food system. However, large-scale aquaculture presents a complex set of environmental and social issues, and the introduction of genetically engineered fish and seafood adds a further layer of
complexity to the already contentious nature of conventional aquaculture practices.

This article is a critical analysis of aquaculture regulation in Canada. In addition to setting out some of the major issues posed by industrialized aquaculture, it argues that shifting the “production” of seafood from marine fisheries to aquaculture merely shifts the cause of environmental damages. Further, in the context of food security, large-scale aquaculture is an inadequate and oversimplified solution to the problems raised by coastal and Indigenous populations’ reliance on declining fisheries resources. Specifically, using two case studies, this paper criticizes the current system’s overreliance on dominant risk paradigms, which are often closely informed by science. Yet, the relationship between law and science is fraught with tensions, as the two have notably different priorities and methods. In rethinking the role of aquaculture in natural marine resource management, especially in a changing climate, it is important to ensure that careful regard is given to the socio-cultural factors, inequities, and environmental degradation that are inherent in the production of seafood.

For full article, click here.

The Value of Fish: Changing the Purpose of Fisheries Regulation in Canada

*une version française est disponible ici — this blog post was first published on foodlaw.ca

Why do we fish? This may appear as a silly question, but given the dismal state of fisheries in Canada and in the world, it is a very legitimate question. Several answers come to mind: to make a living, for spiritual or cultural reasons (e.g. a ceremony), and for recreation. However, there is one reason that underlines all fishing (with the exception of recreational fishing when the fish is released): food. We fundamentally and undeniably fish to eat. No one will be astounded by that answer, but as obvious as it may seem, one would be hard-pressed to find any reference to food in Canadian fisheries regulations.

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