หลักการป้องกันไว้ก่อนล่วงหน้าในกฎหมายทะเล ศึกษากรณีประมง / นิชุดา เศรษฐะทัตต์ = precautionary principle in the law of the sea : fishery / Nichuda Sresthadatta
The thesis aims at studying the precautionary principle to solve the problem regarding the measure of resources conservation and fishery management in accordance with UNCLOS 1982. According to the study, it is found out that: 1. Based on UNCLOS 1982, there is no direct agreement regarding the precautionary principle. However, the principle regarding resources conservation and fishery management are formulated to be implemented by states because it is difficult to implement in the real practice due to limited tools and implementation. As a result, the states should provide the useful scientific information to calculate the quota of fish catching which required the modem knowledge and technology to solve the problems of rapidly destroying the living resources. 2. The Precautionary Principle is considered the best alternative to solve environmental and fishery problems. It is required for the real practice. Hence, the issuance of law and measures regarding the warning of fishery conservation should be implemented. At least, it is the useful principle for several coastal states to enact thi: law for the real practice before absolutely developing to the conservative measures regulated by UNCLOS. Based on problems of applying the measures under UNCLOS 1982, it reflects that, in fact, the issue of fishery conservation is related to the living resources conservation. Hence, it is better to create the precautionary principle to be implemented first although it is not directly identified in UNCLOS 1982. In addition, it is even better if the state will not consider whether they is state party in this agreement or not because the precautionary principle can be applied to all states.
