The sustainable exploitation of the high seas fisheries resources: legal framework and evolving aspects in current governance

Currently, although most fishery resources come from exclusive economic zones (EEZs), technological advances, rising demand, and growing pressure on fish stocks have increased interest in high seas fisheries. This area is not subject to national sovereignty but has historically been regulated mainly by flag States and the principle of freedom. The expansion of EEZs has strengthened the rights of coastal States, often generating tensions with nations that engage in long-distance fishing in areas adjacent to these zones. Over time, governance has evolved beyond the traditional dominance of these States, recognizing port and market States, along with trade measures, as increasingly important in promoting sustainability and combating illegal fishing. Sustainability itself has become a broader and more complex concept, encompassing not only environmental protection but also social and economic dimensions, including the rights of Indigenous Peoples and the recognition of fishing as an essential means of livelihood for coastal communities. This research aims to analyze the concept of sustainability from the perspectives of international law and fisheries governance, and to explore how this idea has led to the recognition of new or broader limits to the principle of freedom of fishing on the high seas, thereby influencing the development of relevant international regulations, and strengthening the central role of international cooperation to manage the high seas. To explain such a process, this research has been divided into three main chapters, in addition to the introduction, conclusions, and bibliography. In the first chapter, the author, after making some juridical distinctions and discussing the concept of sustainability, analyzes the current legal framework for high seas fisheries, including both binding and non-binding instruments. In the second chapter, the analysis focuses on the current governance of high seas fisheries and the management of fisheries in areas beyond national jurisdiction, with particular attention to fisheries management and the role of RFMOs. At the same time, these aspects are examined by considering the additional layer of complexity posed by climate change's effects on management models. Finally, in the third chapter, continuing with the fisheries management point of view, a detailed analysis of two recent agreements on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ Agreement) and the elimination of harmful fishing subsidies to fisheries (WTO Agreement on fisheries subsidies) is proposed.