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Article Type: Research Paper
Purpose-There are few studies about the protection of sharks and international law, and new measures have recently been enacted. While efforts have been made to change the negative image of the species in public opinion, it is a delicate matter to treat the legal framework aimed to protect sharks and the response to shark attacks simultaneously. However, recent Shark Control Programs, as in the French Island of La Réunion, raise new legal issues regarding their conformity to international law.
Design, Methodology, Approach-This study was undertaken by listing and organizing international, regional and national legal frameworks aimed to protect the elasmobranchs species. It was then possible to draw a conclusion about applicable measures and to compare them to the new programs developed to face the "shark risk" in La Réunion. The comparison was also made to other countries with such programs.
Findings-The research demonstrates that the legal framework aimed to protect sharks has been substantially developed, but it is still very incomplete, fragmented, and suffers a low enforcement rate. Even if the Shark Control Program of La Réunion concerns unprotected species, the tiger shark and bull shark are listed in the IUCN red list as "near threatened." The measures taken, such as the authorization of mass capture and the installation of nets, could have a negative impact on these protected species, and on the global environmental balance. To conform with international law, the effects of shark nets should be evaluated by scientific and transparent studies.
Practical Implications-This study highlights that even if it is legitimate to react to situations of danger, such as in the "shark crisis" in La Réunion, public authorities must take into account the international, regional and national laws regarding the environment. It also demonstrates that the rise of shark attacks can be at least partly explained by pollution, climate change and overfishing. Measures for protection of the environment then constitute an efficient long-term solution.
Originality, Value-These findings can be of interest for a comparative study of shark control programs, and are new in their approach from the perspective of international environmental law.
Keywords: environment, law of the sea, protection of sharks, shark control program, sharks
"The ocean is a mighty harmonist"-William Wordsworth, "On the Power...