With depletion of the oceans through overfishing and other anthropogenic and other activities, law seems incapable of adequately protecting marine biodiversity. Through green legal theory, this Chapter demonstrates the entanglement of the United Nations Convention on the Law of the Sea’s marine conservation framework with economic growth and begins reflecting on how to move past the limitations of this framework to build better rules for the protection of marine life. Part II offers a summary of green legal theory and its applicability to the law of the sea context. Part III analyses the current law of the sea regime regarding conservation of marine life through a green theory lens. Part IV concludes the Chapter by looking forward and thinking through means of reimagining the regime through strategic revolution, focusing on the future implementing agreement on biodiversity beyond national jurisdiction.

The impact of climate change on the distribution of fish stocks and other marine species is a pervasive problem that causes governance issues and threatens the rule of law for the oceans. Fish moving across static jurisdictional and management boundaries may become unregulated and risk being overexploited. Shifting fish stocks threaten the certainty, predictability and stability of the international fisheries legal framework, and undermine conservation and management measures by coastal States and regional fisheries organisations, impeding sustainable exploitation and conservation of global fish stocks. This chapter assesses whether and to what extent the international legal framework adequately places an obligation upon States to adapt to the complexities caused by MLRs shifting their location, to maintain the rule of law. It assesses whether the key principles and obligations under the international framework are fit for purpose to address these issues. It indicates that there is a general obligation on States, either individually or collectively, to adapt the management of marine living resources to the effects of climate change. It concludes with potential solutions which may strengthen an adaptive response.