STRENGTHENING INTERNATIONAL LAW AS A GUARANTEE FOR HIGH SEAS FISHERIES CONSERVATION

igh seas is one of the ocean areas beyond of national jurisdiction. The implication of that definition made high seas turn into a free access to all states. One of freedom of high seas had known of yore is freedom of fishing, as if high seas fishery is inexhaustible. However, technological advances in fishing gear and people demand towards ocean fish causing overfishing and Illegal, Unreported, and Unregulated (IUU) Fishing are unavoided. Living resources and the environment of the high seas are more susceptible due to weak regulation on the UNCLOS 1982 which are cooperation for conservation and no restriction on exploitation. With that regard, international law-making concerning management and conservation concept based on the high seas fisheries sustainability need to be done. This article was written by normative research conducted with library studies by maximizing data in any journals and books. The concept of Marine Protected Areas (MPAs) and the establishment of Conservation Zone in the high seas is considered to have potential for fisheries management development that guarantee the sustainability of diversity high seas fisheries.


INTRODUCTION
he total area of the high seas is predicted to cover more than 50% of the total surface of this planet or 2/3 part of the sea surface as well as being home for 90% of sea creatures. 1 It's apparent that in the last thirty years, human activity has risen and its impact has widen in the ocean, especially in the high seas. The high seas also have other wealth that is no less valuable, such as the deep cold-water corals, that has longer growth process compared to the shallow tropical water corals even though they share the same features in term of color and variety, but this type of coral is very sensitive towards fishing equipment in the bottom of the ocean. 2 Seeing the freedoms given to every state in the high seas, the natural potential that is ready to be exploited appear to be counterproductive. Until now, according to Article 87 paragraph 1 of UNCLOS, there are six freedoms of the high seas that have been approved by the international law, and those freedoms are: This custom also signifies that there is restriction for any state to subdue the activities of another state in the high seas. Every state has the same right in utilizing the high seas, even if it's only for peaceful purpose. Those same rights can increase the probability of disputes between states caused by the high amount of activities in the high seas. 3 Other things that can be affected by the freedoms include the conservation of the ecosystem in the high seas.
Traditionally, ocean is considered to be endless, unlimited, and capable in supporting human activity or use. It is now clear that marine resources are limited, which is proven by the 1  https://www.maritimeexecutive.com/editorials/challenges-facing-the-un-high-seas-treaty, accessed on 15.10, date 7, 02. 2019.
Strengthening Internasional Law as a Guarantee for High Seas Fishreries Conservation decline in fish stock. More than 75 percent of the world fish stock are reported to have been fully exploited or have been exploited excessively (or ran out and recovered from thinning) and more marine resources are endangered. Ineffective and inadequate management, destructive fishing practices, and illegal, unregulated, and unreported fishing activity (IUU fishing) are a series of causes for various adverse effects on fish stocks and species along with the related ecosystem. 4 Fish stocks in the high seas are also a valuable source to human protein need, however, there is also an evidence of serious decline in stock for the larger pelagic species, such as tuna and billfishes. 5 Bluefin tuna is one of the biggest and fastest fishes in the ocean. Its weight can reach up to 500 pounds, and even this giant fish has once dominated the Atlantic, Pacific, and Indian Ocean. Unfortunately, human has hunted bluefish tune for thousands of years. So that its stock in the last decade is declining, and currently its population in the Pacific Ocean only reaches up to 2,6% from its original amount. Aside from that, the high seas are also home to some of the most charismatic marine creatures in this planet, such as dolphins, whale, shark, and turtle. 6 The condition mentioned proves that the international law, especially UNCLOS, has not been able to provide mechanism in management and protection of fisheries in the high seas.
Judging from the illustration mentioned, the development of fisheries protection mechanism in the high seas has grown to be more important than ever. Other than that, scientists have also announced that at least 30% of the ocean have to be closed in order to prevent mass extinction on marine life. As for the high seas themselves, around 0.5% restricted from commercial activities. 7 Ocean is the life support system for this planet, so it is important to keep it healthy and productive. However, on the contrary, excessive fisheries as well as rapidly evolving pollution cause severe damage to the ocean. Therefore, it shows that new arrangement and regulation in creating conservation area by limiting activities in the high seas has become crucial. This article focusses in finding answer relating to issues regarding the need for renewal 4

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Volume 4, Nomor 2, April 2020 of the international law concerning the conservation of marine resources in the high seas. This article is written with an aim on finding the sustainable form of marine resources conservation management in the high seas by constructing international law that's able to complete UNCLOS.

RESEARCH METHOD
he research will be conducted using normative research, meaning that library research method is used as the main source of data. Data are collected through studies using books, articles, research results, and laws and regulations. This writing analyzes the condition for the use of freedoms of the high seas as well as analyzes the impact it has on the high seas and the life of the international community. Finally, this article will end with giving the conclusion and recommendations needed to be taken in the future.

High Seas Legal Regime
igh seas refer to all parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. The implication of the mentioned definition has caused high seas to become free region for all states and there is no state that can claim the region as a part of their jurisdiction. 8 In their book, Jawahir Thontowi and Pranoto Iskandar stated that in principle, high seas hold the characteristic of res communis, which is a water region that can be used freely and openly by any states. This is the consequences of its own characteristic that high seas can't be bound by any sovereign rights nor jurisdiction.

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Volume 4, Nomor 2, April 2020 3. That state jurisdiction can only be applied to certain ships that use its flag. 4. That every state and its citizens have the right to make use of the high seas, for example to install wire or cable and pipes on the seabed (freedom of immersion).
5. That all aircraft flying over the high seas holds absolute freedom.
The Convention on the Law of the Sea (UNCLOS) 1982 did not automatically make the high seas legal regime as an unfinished agenda. Even though Article 87 of UNCLOS 1982 talks about freedom of the high seas, there's also a need of detailed affirmation in other provisions that the freedoms can only be carried out under the provisions that have been decided in this Convention and other provisions of international law. In other word, the six freedoms of the high seas are governed by important requirements. 15 The term "freedom" doesn't refer to the issue of the absence of law, but to the free access for every state, whether it be states that open or closed to area of the high seas to participate in marine activities and remain subject to applicable restrictions and rules including the development of international law in the future. 16

Marine Resources Conservation in the High Seas
tate parties of UNCLOS 1982 are given responsibilities to protect and maintain marine ecosystem as mandated in this Convention. To make it easier for State parties to follow up on the obligations given, states are given the right to manage and maintain the marine environment in accordance to policies of each state. Aside from national policies, UNCLOS is also open to possibilities in performing regional and universal international cooperation in guarding and maintaining marine ecosystem, including in the high seas. Even if special activities are needed to carry out these obligations, such as technical assistance, monitoring and conducting assessment of environmental conditions and the creation of international legal instruments and national legislation to prevent, reduce, and supervise sea pollution. 17 A number of sectoral activities are regulated by international treaty regimes that have been made by International Maritime Organization, such as the 1972 London Convention and its 1996 Protocol on ocean dumping and other treaties or agreements related to cruise safety, security, and pollution, even though cannot be referred as comprehensive treaties, for example it includes species and regional fisheries treaties and their arrangements that are similar regional sea conventions. Scholars have worked systematically through various regional and 15

S
Strengthening Internasional Law as a Guarantee for High Seas Fishreries Conservation sectoral regime to pay attention to further discrepancies between "regulatory and governance". 18 One of the freedoms of the high seas that has been present since age-old until now is freedom of fishing. At the beginning of its emergence and development, the nature of freedom of fishing is absolute. But over time, slowly and surely, this freedom gradually began to diminish through some restrictions. It happens because of the significant change in human population and their needs as well as the rapid development of technology, therefore strict restriction must be implemented in order to maintain and manage the sustainability of fish lives as renewable natural resources. This restriction is formed through the ratification of international law instrument in the field of fisheries that provide obligations that must be bilateral or multilateral-regional cooperation agreements. The same thing is also regulated in Article 118 that every state should cooperate in conserving and managing natural resources in the high seas. It is even recommended for those states to form an international organization in the fisheries field, whether it be in the form of international or sub-regional organization. 22 The United Nations Environment Programme (UNEP) Governing Council pushes for a regional cooperation approach in the early 1970s. In the year 1974, UNEP Regional Seas Programme (RSP) was formed. 23 There are 10 regional fisheries management organizations (RFMOs), with 5 of them responsible in protecting and managing straddling stocks in high seas, which is the Pacific Ocean (WCPFC). However, the organizations mentioned above cannot comprehensively cover all fish stocks that can be exploited in the high seas, even these conditions increase the risk of illegal activities in the high seas, what is now known by the international community as the Illegal Unreported and Unregulated Fishing (IUU Fishing) activity. For example, an important negotiation had been conducted by South Pacific Ocean Regional Fisheries Management Organization, but the meeting missed fishing in this vast territory to be regulated more, such as the North-West Pacific Ocean Agreement. Other than that, a treaty about deep sea fisheries in Southern India Ocean had been negotiated, although it hadn't been ratified by some State parties to come into force. 24 More than 140 states participate in 13 Regional Seas Programmes that was formed under Gulft of Aden, South-East Pacific, and Western Africa. Six of those programmes is managed directly by UNEP. All of those regional seas programs have produced an Action Plan, but must have also developed specific legal frameworks through Conventions and Protocols. Even so, there is no convention born from East Asian Seas, South Asian Seas, North West Pacific, or Arctic. 25 In addition, there are a number of "partner programmes" through seas treaties that are not under UNEP. The regional treaty regime is included for Antarctica through Convention on Ocean is a support system of this planet, keeping it healthy and productive. However, excessive fishing activity as well as pollution may cause severe damage. Weak law enforcement, transparency, and accountability become additional threat for the sustainability of living natural resources in the high seas. In addition to that, authority has limited power to intercept ships suspected of carrying out illegal activities. 28   Change is inevitable, however, needed change is one that is ordered and controllable. It is certain that development that results in regular changes requires support from law. Order is the first and foremost goal of every law. The need for this order is a fundamental requirement on realizing orderly society. Apart from the longing of any other things that become the goal of law, order as a goal, is an objective fact applies to all societies in all its forms. 32 The development of technology has changed the order of activities in the international community as well as the quality of the high seas ecosystem. Therefore, law must be able to adjust to the changes happening in society, while at the end society must also adjust to the change happening in the rule of law. The role of law in development is to ensure that changes occur in an orderly manner.
Law has the power to change order in every aspects of life. Law can function in relation to living natural resources, determining the holder of full rights or access to natural resources, prohibition for conservation reasons, ethics and morals along with exploitation of natural recourses carried out by certain methods. 33 The regulation of natural resources can also be done 29 Zhang Chun, Loc. Cit. 30  Strengthening Internasional Law as a Guarantee for High Seas Fishreries Conservation at certain levels, whether it be on the international or national level, depending on the maker and the scope. International law is formed in order to regulate states in behaving towards natural resources, while national law made by national legislation body is made in order to maintain its citizens' activities towards natural resources.
One of the priorities in regulation of natural resources lies on issue regarding conservation means. Conservation of fisheries diversity presents enormous regulatory challenges for international law. Threat toward fisheries diversity comes from many grassroots, which requires comprehensive approach for regulation of various human activities and accommodation of various interests and priorities. Some states will certainly feel disturbed by certain restrictions, but on the other hand, there must be those who support the restrictions for the sake of environment and conflict minimization. Other than that, fisheries diversity conservation also clearly illustrates the various difficulties that exist in developing and applying international legal rules for resources that often do not respect national boundaries or are found in areas outside national jurisdiction, and which require full consideration to be given to social, cultural, and economic values that are placed by different people in different species, habitats, and ecosystems.
Law and its implementation relating to water area under national jurisdiction has moved forward at consolidation stage with better harmonization with UNCLOS 1982, but this doesn't seem to apply to the current situation that occurs in fisheries in the high seas. In fact, since UNCLOS was open for signature, a number of problems began to emerge in relation with the conservation and utilization of natural resources in the high seas. 34 High seas can be referred as area that receive increased threat over time. Even so, international society must have the ability in giving solution toward threat and problem that arise.
10 December 2019 was the 37 th birthday for UNCLOS since the conference of the law of the sea in 1982 at Montego Bay, Jamaica, that had been done through 9 years of negotiation (making it the longest in UN history). Nowadays, after years had passed, there are still many vacancies or unfinished agenda in the convention that become concern. This concern refers especially to regulation regarding regime in areas beyond national jurisdiction / ABNJ. 35

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Volume 4, Nomor 2, April 2020 their impact. 36 These impacts are not always the result of recent activities, but rather the result of an increase in pre-existing activities such as fishing -where efforts have consistently increased in order to compensate the declining amount of catch. Fisheries activity has also been expanded to the deeper part of the sea, further and less environmentally friendly. This condition aligns with continuous "illegal, unregulated, and unreported" (IUU) fisheries incident. These uncommon practices are a different and inseparable problem. However, the three have significant impact of around 2/3 of all fishes catch globally. 37 All states should hold responsibility in protecting fish conservation in the high seas.
However, what becomes a conflict is the fact that not every state has ratified UNCLOS 1982.
One of the biggest states who has not become state party is the United States of America. Other states include Turkey, Colombia, and North Korea. 38 Therefore, it's clear that the rules written in UNCLOS are not applicable towards those states. Whereas, states have the obligation in taking useful effort to conserve and manage fish resources in the high seas. These actions shouldn't have discriminate in any way towards fishermen from any state. To avoid that, states are obligated to work together with one another. Although in reality, the explanation of cooperation in UNCLOS is rather vague and is not cleared on how to confirm this obligation concretely. 39 Freedom of fishing has been summarized in Article 116 of UNCLOS 1982 that stated the all states have the right for their nationals to engage in fishing on the high seas. 40 The contents of the article, if examined, can cause injustice. In reality, there are certain states that are not able to implement the article. Freedom of fishing in the high seas is in fact more advantageous for states with technological advantages and most capable asset. Areas where fishing is not restricted will definitely receive excess in fishing catch. 41 For that reason, there are no other choice but to construct a visionary regulation for the sake of the future of natural resources in the high seas.
Law can function in relation to living natural resources, determining the holder of full rights or access to natural resources, prohibition for conservation reasons, ethics and morals Strengthening Internasional Law as a Guarantee for High Seas Fishreries Conservation along with exploitation of natural recourses carried out by certain methods. 42 Conservation of diversity in the high seas is a challenge for international law to present its regulation. This regulation can be presented through international treaty, international custom, doctrine, or international court decisions. Matters that need to be discussed and institutionalized through international law are actions that are considered good in maintaining the sustainability of natural resources in the high seas. This matter will be explained further in the next elucidation.  MPAs can also serve as an important tool in restoring damaged seascapes and enhancing the recovery of excessively captured fish stocks. In reality, this effort has been done by fisheries management bodies around the world to create MPAs with the aim of rebuilding lost biodiversity.

The Establishment of a Conservation Zone in the High Seas under Coastal State
Management his concept clearly goes against the principle of freedom of the high seas as well as the international law. The principle of freedom of the high seas that has been admitted since the birth of law of the sea even before UNCLOS can be ruled out by the reason of high seas fisheries conservation. According to the history of fisheries conservation rationale, the United States of America has once claimed the high seas adjacent to its territorial sea as a conservation area. Nowadays, human activities that directly cause damage to natural resources in the high seas have become more and more concerning. The search for new patterns to become a solution for this problem has already been discussed on an international scale. The discovery of legal solutions on the grounds of conservation of fisheries resources in the high seas that can affect the fisheries ecosystem in the EEZ of coastal states. It based on common knowledge that the sea ecosystem is integrated and inseparable from its habitat. Therefore, the decline in the amount of fish in the high seas will also affect the fish stock in maritime zone under the coastal state jurisdiction. On the other hand, it is clear that UNCLOS 1982 requires conservation of the living natural resources in EEZ for coastal states. 50 Therefore, participation and intervention from coastal state in the endeavor of saving the environment in the high seas is necessary.
The practice that has been done in some states, in Chile by building Presential Sea concept. This concept was forced to be formed when pressure on fisheries in the high seas of supervision in the high seas can't be done freely, as it must wait for the destruction of species in the high seas and migration in its EEZ, as can be concluded from the use of the expression "shall". However, these two concepts can both become a problem in the face of international law as it can be seen as restriction in the high seas. Even so, it can become a solution in answering the absence of international law regarding conservation in the high seas, as it is negotiated, then it can become effective.
However, such national practices must be done through national law as a form of boost for international law in accommodating the legal needs in the high seas. Recalling this has been done by President Trauman who set the high seas adjacent to his territorial sea as conservation zone through his speech. Consequently, the United States has the authority to conduct surveillance of fishing activities in the high seas. 53 Those models can be implemented by coastal states both individually or by collaborating with states whose EEZ adjacent directly with the high seas. The United Nations and the international community must respond quickly towards the problems occurring in the high 51

Conclusion
trengthening international law to ensure the conservation of free marine fisheries is needed given the decline in fishery stocks by 50% over 50 years as a result of overfishing and IUU fishing. Marine Protected Areas (MPAs) concept along with the establishment of the Conservation Zone in the high seas are considered to have the potential for the development of modern fisheries management to ensure the sustainability of fisheries diversity in the high seas. These two concepts can be institutionalized as regulations at the international level through international agreements (universal or regional). The fact is that protection of the free marine environment remains an unresolved agenda at UNCLOS 1982.

Recommendation
he United Nations and the international community must immediately agree on an international law regarding the conservation of fish resources in the high seas. However, before that international law can come into force, then it is better for coastal states adjacent with the high seas to conduct surveillance through their national law or to cooperate with states that are adjacent to the high seas.