Pacta Tertiis and regional fisheries management mechanisms: the IUU fishing concept as an illegitimate short-cut to a legitimate goal
Pacta Tertiis and regional fisheries management mechanisms: the IUU fishing concept as an illegitimate short-cut to a legitimate goal
This article considers how international management of fisheries under the 1995 UN Fish Stocks Agreement and regional fisheries management organizations is affected by one of the basic principles of the law of treaties: the rule pacta tertiis nec nocent nec prosunt, by which international fisheries regulations as treaty-based obligations bind only the parties to the treaty concerned and not third states without their consent. It is shown that the relatively recent concept of IUU (illegal, unreported, and unregulated) fishing, often seen as a way to circumvent this problem, is flawed as a solution, largely because the leading global and European Union instruments in which it is embodied in effect equate unregulated fishing with illegal fishing in a way that pays insufficient heed to the constraints of the pacta tertiis rule.
345-364
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
6 October 2017
Serdy, Andrew
0b9326c4-8a5a-468f-9ca8-7368ccb07663
Serdy, Andrew
(2017)
Pacta Tertiis and regional fisheries management mechanisms: the IUU fishing concept as an illegitimate short-cut to a legitimate goal.
Ocean Development & International Law, 48 (3-4), .
(doi:10.1080/00908320.2017.1349525).
Abstract
This article considers how international management of fisheries under the 1995 UN Fish Stocks Agreement and regional fisheries management organizations is affected by one of the basic principles of the law of treaties: the rule pacta tertiis nec nocent nec prosunt, by which international fisheries regulations as treaty-based obligations bind only the parties to the treaty concerned and not third states without their consent. It is shown that the relatively recent concept of IUU (illegal, unreported, and unregulated) fishing, often seen as a way to circumvent this problem, is flawed as a solution, largely because the leading global and European Union instruments in which it is embodied in effect equate unregulated fishing with illegal fishing in a way that pays insufficient heed to the constraints of the pacta tertiis rule.
Text
tromso 2015 Serdy
- Accepted Manuscript
More information
Accepted/In Press date: 11 February 2017
e-pub ahead of print date: 6 October 2017
Published date: 6 October 2017
Organisations:
Institute of Maritime Law
Identifiers
Local EPrints ID: 406881
URI: http://eprints.soton.ac.uk/id/eprint/406881
ISSN: 0090-8320
PURE UUID: 55f514e5-a5c3-46ab-a109-fedd8b9e096c
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Date deposited: 25 Mar 2017 02:04
Last modified: 16 Mar 2024 05:10
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