The Durham Law Review is a student-run society commenting on contemporary legal and commercial issues. Meanwhile, it publishes feature articles alongside Regular commercial and legal updates.

Go Fish! A Critical Assessment of G. Hardin's 'Tragedy of the Commons' Application to the Fishing Industry

Go Fish! A Critical Assessment of G. Hardin's 'Tragedy of the Commons' Application to the Fishing Industry

Ignacy Drzewiecki
Volume VI - 2020

PLEASE CLICK HERE TO DOWNLOAD THE FULL DISSERTATION

My name is Clara McNeill and I am a member of Hatfield College, Durham. I am 22 years old and live in a small village near Belfast in Northern Ireland. Having graduated from the Durham LLB in 2020, the decision to remain at Durham for an additional year to research within the MJur program was an easy one – not least helped by the fact I felt I was owed another year of fun after losing my final term to COVID. I am presently researching issues relating to vaccine mandates for healthcare professionals.

Throughout my legal studies I have particularly enjoyed modules which incorporate the law in its broadest form, in this instance Law and Economics. This essay enabled me to research and write about something completely different to the more doctrinal legal subjects of mortgages, trusts and contracts which I had previously studied. Applying Hardin’s economic theory to the fishing industry gave me the chance to problem solve creatively and draws awareness to sustainability issues without the food chain. Whilst I think it is unlikely, I should hope there is still time to protect global fishing stocks and I think it is important that we look to the example of small-scale community fisheries and support local producers who can maintain stock levels through more environmentally ethical methods.

- Clara McNeill, Author

- Clara McNeill, Author

Introduction

Overfishing is considered the biggest threat to marine ecosystems, with an estimated three-quarters of fishing stocks being harvested faster than they can reproduce. Hardin’s theory can be classically applied to environmental commons problems like overfishing where users exploit resources for personal gain.

In the first part of this thesis, I will set out the definition of a tragedy of the commons and assess its applicability to the Atlantic Bluefin Tuna industry and small-scale fishing.  In doing so it is evident that communities who assume ownership over natural resources can sustain populations and encourage longevity of the industry. In the second part of this thesis I will assess the ideological debate between interventionists and libertarians in determining a solution for overfishing. This thesis will conclude that although there is no perfect solution, intervention is required as it is impossible to fully regulate a global resource.

"The cold penetrating gaze of the camera lens is, in effect, like a double rape." Technology-Facilitated Sexual Violence: Legislative and Judicial Responses to this "Pernicious New Habit"

"The cold penetrating gaze of the camera lens is, in effect, like a double rape." Technology-Facilitated Sexual Violence: Legislative and Judicial Responses to this "Pernicious New Habit"
Balancing Legitimate Expectations and Regulatory Freedom under Article 10(1) Energy Charter Treaty: Lessons from the Green Energy Tribunals

Balancing Legitimate Expectations and Regulatory Freedom under Article 10(1) Energy Charter Treaty: Lessons from the Green Energy Tribunals