Implementing Article 28 of the UN Fish Stocks Agreement: the first review of an objection to a conservation measure in the New South Pacific Regional Fisheries Management Organisation
Implementing Article 28 of the UN Fish Stocks Agreement: the first review of an objection to a conservation measure in the New South Pacific Regional Fisheries Management Organisation
This article assesses the contribution of the 2013 Review of the South Pacific Regional Fisheries Management Organisation's measure on jack mackerel to effective decision making as mandated by the UN Fish Stocks Agreement. Though positive overall, the review highlights some potential flaws, notably the dilemma that the requirement of an alternative measure equivalent in effect to the one challenged may, if interpreted strictly, lead to a replacement measure just as unacceptable to the state initiating the review. Other issues emerging from the review are the incentive to overreport catch in anticipation of an allocation and a doubtful interpretation of a central provision in the treaty that created the organization.
decision making, rfmos, un fish stocks agreement
1-28
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
16 March 2016
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
Serdy, Andrew
(2016)
Implementing Article 28 of the UN Fish Stocks Agreement: the first review of an objection to a conservation measure in the New South Pacific Regional Fisheries Management Organisation.
Ocean Development & International Law, 47 (1), .
(doi:10.1080/00908320.2016.1124482).
Abstract
This article assesses the contribution of the 2013 Review of the South Pacific Regional Fisheries Management Organisation's measure on jack mackerel to effective decision making as mandated by the UN Fish Stocks Agreement. Though positive overall, the review highlights some potential flaws, notably the dilemma that the requirement of an alternative measure equivalent in effect to the one challenged may, if interpreted strictly, lead to a replacement measure just as unacceptable to the state initiating the review. Other issues emerging from the review are the incentive to overreport catch in anticipation of an allocation and a doubtful interpretation of a central provision in the treaty that created the organization.
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More information
Accepted/In Press date: 26 August 2015
e-pub ahead of print date: 16 March 2016
Published date: 16 March 2016
Keywords:
decision making, rfmos, un fish stocks agreement
Organisations:
Southampton Law School
Identifiers
Local EPrints ID: 390012
URI: http://eprints.soton.ac.uk/id/eprint/390012
ISSN: 0090-8320
PURE UUID: 2a7a6939-f222-405f-95ef-7c91d184cfbb
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Date deposited: 17 Mar 2016 11:31
Last modified: 15 Mar 2024 03:23
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