The UN Commission on Sustainable Development, which met in April 1999, highlighted the issue of flag and port State responsibilities and the need for FAO and the International Maritime Organization (IMO) to cooperate on solving problems relating to IUU fishing. The Report summarizes the discussions on how flag States and port State control of fishing vessels can assist in counteracting IUU fishing, taking into account IMO's experience in the port State control of merchant ships.
The issue of illegal, unreported and unregulated fishing in world fisheries is of serious and increasing concern. This document contains the report and papers presented a meeting of experts held in May 2000, which was organised by the Government of Australia in co-operation with the FAO. The preliminary draft international plan of action elaborated by the experts is appended to the report of the Consultation.
The Committee agreed to establish a Sub-Committee on Aquaculture and adopted the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IPOA-IUU) Fishing. It agreed that future reporting on the implementation of the Code of Conduct and related IPOAs should be based on in-depth analysis of problems associated with their efficient implementation, using case studies.
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them.
This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
This collection addresses the central question of how the current international framework for the regulation of fisheries may be strengthened in order to meet the challenges posed by changing fisheries and ocean conditions, in particular climate change. International fisheries law has developed significantly since the 1990s, through the adoption and establishment of international instruments and bodies at the global and regional levels. Global fish stocks nevertheless remain in a troubling state, and fisheries management authorities face a wide array of internal and external challenges, including operational constraints, providing effective management advice in the face of scientific uncertainty and non-compliance by States with their international obligations. This book examines these challenges and identifies options and pathways to strengthen international fisheries law. While it has a primarily legal focus, it also features significant contributions from specialists drawn from other disciplines, notably fisheries science, economics, policy and international relations, in order to provide a fuller context to the legal, policy and management issues raised. Rigorous and comprehensive in scope, this will be essential reading for lawyers and non-lawyers interested in international fisheries regulation in the context of profoundly changing ocean conditions.
In 2021/2022, FAO studied the role of regional fishery bodies (RFBs) in promoting safety and decent work in fisheries under their mandates. Secretariats of thirty-seven regional fisheries management organizations and regional fishery advisory bodies representing inland and marine small-scale and industrial fisheries across the globe participated in a survey. The research showed that safety at sea is a priority for 51 percent of the RFBs. Thirty-five percent regard safety as important, but not a priority. Moreover, 38 percent of the RFBs surveyed consider decent working conditions a priority. Decent working conditions are important, but not a priority for almost 30 percent of the RFBs. The basic texts of RFBs provide the main legal basis for their mandate to work on safety and decent work in fisheries. Commission meetings and requests by members contribute substantially to RFB measures on these subjects. Management measures, especially for safety of observers, are often the entry point for work on safety and decent work standards by regional fisheries management organizations. The obligations of members under international fishing safety instruments also play a role. RFB secretariats support safety in fisheries through trainings and manuals (32 percent), awareness raising materials (32 percent), and recommendations and measures (24 percent). Most RFB secretariats noted that decent working conditions in fisheries have not been addressed or are not within the mandate of these organizations. Some RFBs however prioritize decent working conditions in fisheries. Since 2018, several RFBs have supported decent work and safety in fisheries through regional technical seminars organized by FAO in collaboration with the Apostleship of the Sea, International Maritime Organization and the International Labour Organization. These seminars aimed to address illegal, unreported and unregulated fishing, decent work and safety in fisheries. Knowledge of international fishing safety instruments is generally limited among RFB secretariats. The technical, financial and human capacity limitations within the secretariats impede their attention to safety and decent work. Many RFB secretariats recognize that development of action plans would be beneficial to integrate safety and decent work better in the management of fishing fleets under their mandates. FAO is supporting some RFBs with their action planning processes, with assistance from the European Commission DG Mare.
The Committee agreed to establish a Sub-Committee on Aquaculture and adopted the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated (IPOA-IUU) Fishing. It agreed that future reporting on the implementation of the Code of Conduct and related IPOAs should be based on in-depth analysis of problems associated with their efficient implementation, using case studies.
The result of a workshop bringing together an international advisory board of experts in science, satellite technologies, industry innovations, and public policy, this book addresses the current and future roles of satellite Earth observations in solving large-scale environmental problems. The book showcases the results of engaging distinct communities to enhance our ability to identify emerging problems and to administer international regimes created to solve them. It also reviews the work of the Policy and Earth Observation Innovation Cycle (PEOIC) project, an effort aimed at assessing the impact of satellite observations on environmental policy and to propose a mission going forward that would launch an “innovation cycle”. The achievements of such a mission would feed back to innovations in next-generation observation technology, thus contributing to global policy demand for policy-relevant information. This book is open access under a CC BY license.
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
