A Study On The Application Of Precautionary Approach To The Conservation Of High Seas Fisheries In The Central Arctic Ocean

The Arctic issue has received wide attention from the international community in recent years.With the climate change,the conservation of the high-seas fisheries in the Central Arctic Ocean(CAO)has become the focus of relevant countries.In 2018,nine interested countries and the European Union signed the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean(CAOFA).As a new development to International fisheries law,CAOFA is the first regional agreement to adopt precautionary approach before a region has begun fishing.This article takes the CAOFA as the key research object and evaluates the legality and effectiveness of the application of the precautionary approach to the conservation of the high-seas fisheries in the CAO by analyzing the specific texts and their deep connotation of the agreement.First of all,this study outlines the general theory of precautionary approach,such as its origin,development,definition and discussion on its legal status.Then the author tries to summarize the applicable conditions of the precautionary approach from the aspects of legality and effectiveness.At present,fisheries conservation mechanism in the CAO includes not only global and regional legal instruments but also regional fisheries management organizations and national fisheries management agencies.It is found that the mechanism lacks a comprehensive fishery agreement specifically for the CAO high-seas fisheries.And there is also a lack of a strong regional fisheries management organization specifically targeting the CAO high-seas fisheries.Therefore,the International community has formulated the CAOFA.The agreement is the only regional agreement on the application of precautionary approach in the CAO fisheries.It is of great significance for the conservation and sustainable use of the high-seas fisheries resources in the CAO.Finally,this study evaluates CAOFA from the perspective of the legality and effectiveness of the applicability of the precautionary approach,analyzing the text of this agreement,in particular for Articles 3,4 and 6.