Medical Law Department, Faculty of Law, University of Science and Culture, Tehran, Iran
Abstract: (62 Views)
Background and Aim: Trawling, as a destructive fishing method, has garnered significant attention in international law due to its widespread impacts on marine ecosystems, climate change, food security and human rights. This study examines the international responsibility of the governments for employing this practice in the high seas and its obligations to compensate for the resulting damages. As one of the world’s leading fishing powers, China utilizes a vast trawling fleet in international waters, contributing not only to the degradation of marine ecosystems and biodiversity loss but also to climate change exacerbation through greenhouse gas emissions associated with this industry. These activities threaten the food security of communities reliant on marine resources and infringe upon human rights, particularly those of indigenous populations and local fishers whose livelihoods depend on these ecosystems. Methods:This study was conducted using an analytical-applied approach and was based on library research as well as an examination of international laws and documents. Ethical Considerations:This study was conducted using an analytical-library method in compliance with ethical research principles. Academic integrity and proper citation of legal and scientific sources were observed. The authors declare no conflict of interest. Results: This study suggests that governments must fulfill its responsibility by adopting sustainable fishing policies and engaging in international compensation mechanisms. Strengthening global oversight and establishing binding frameworks for damage reparation are critical steps toward achieving climate justice and safeguarding human rights. Conclusion: Under international law, state responsibility is assessed based on customary rules and treaties such as the United Nations Convention on the Law of the Sea (UNCLOS) and the Paris Agreement. China’s excessive trawling may constitute a breach of its obligations to protect the marine environment and mitigate climate impacts. However, the absence of a clear legal framework for compensating damages from such activities poses challenges to securing justice for affected parties. From a food security perspective, the depletion of fish stocks due to trawling jeopardizes sustainable access to food in vulnerable regions, while from a human rights standpoint; it violates fundamental rights such as the right to life and livelihood.
Tavangar M. The International Responsibility of Governments to Compensate for Damage Caused by Climate Change and Food Security by Trawling on the High Seas. HLJ 2025; 3 (3) :1-10 URL: http://healthlawjournal.ir/article-1-125-en.html