Os desafios do direito internacional diante da necessidade de garantir uma gestão sustentável dos recursos marinhos vivos

Abstract

Living marine resources are essential for the food security of human populations and for maintaining the balance of ecosystems. However, currently, these resources are exploited in an increasingly predatory manner due to several factors, such as: increased demand by the population for food, use of fish for non-food purposes, waste and losses along the fishing production chain, adoption of inefficient management strategies and poor oversight. In addition, habitat destruction, ocean pollution, and climate change further aggravate the situation. Thus, this study aimed to identify the issues that prevent International Law from effectively guaranteeing the sustainable management of living marine resources. To this end, we specifically sought to: describe the treatment given to living marine resources within the scope of International Law; understand the extent of environmental damage caused to marine biota by human action; and examine the main legislative innovations adopted to contain the growth of over-exploitation of living marine resources. Even in the face of many advances, through bibliographical and documentary research it was possible to verify that the international legal framework responsible for protecting living marine resources has its purpose impaired due to numerous practical issues, such as: the use of Maximum Sustainable Yield as a fisheries management tool; the difficulties involved in the process of establishing and maintaining cooperation among States; the high costs involved in obtaining reliable data and statistics; and the strength of pressure exerted by economic, political and cultural factors on decision-makers with the aim of putting environmental issues in the background.