Abstract

Although the precautionary principle is a widely accepted and applied principle in environmental law, its application to conservation and management of living marine resources is a more recent development. Its application to fisheries was first articulated in Principle 15 of the Rio Declaration and Agenda 21 in 1992. The precautionary approach has since been receiving considerable attention and has found currency in numerous binding and non-binding fisheries instruments at the international, regional and domestic levels. This paper briefly reviews the development of precaution in international fisheries law and argues that the precautionary approach provides a firm basis for improved fisheries management, particularly in data poor environments such as the Caribbean. The paper then explores the extent to which precaution has been incorporated at the regional and domestic levels in the fisheries policies and laws of CARICOM Member States. It concludes that although progress is being made, much more could be done to incorporate and apply the precautionary approach in CARICOM States.