Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is...
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![Page 1: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/1.jpg)
Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international
customary law finally emerging?
Osvaldo Urrutia S. Director of the Law of the Sea Center, Faculty of Law, Universidad Católica de Valparaíso Vice-Chairman, South Pacific Regional Fisheries Management Organisation (SPRFMO) Legal and international adviser, Undersecretariat for Fisheries, Government of Chile
![Page 2: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/2.jpg)
The FSA is the most important development since UNCLOS for the regulation and good governance of fishing on the
high seas
But neither UNCLOS nor the FSA could have foreseen the complexities and challenges of combating IUU fishing today
The FSA should not be read in isolation: developments in the Law of the Sea in relation to combating IUU fishing
United Nations General Assembly
Resolutions
FAO Plan of Action IUU fishing 2001
FAO Port State Measures
Agreement 2009
![Page 3: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/3.jpg)
Clear link FSA and the concept of unregulated
fishing
IUU fishing (FAO 2001, PSM Agreement
2009): ilegal, unreported, unregulated
activities
Fishing in a RFMO area by vessels
without nationality, or by those flying the flag of a State not party to that
organization
Therefore, States parties to FSA
and members of RFMOs should
not tolerate unregulated
activities
Arts. 8.4 and 17 FSA: only Parties to RFMOs may
fish in area regulated by
RFMO
![Page 4: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/4.jpg)
The IUU listing and its consequences
What have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to identify
some interesting developments:
1
2
3
4
The regulation of transhipments and support activities
Port access and port use regulations
Boarding and inspection procedures
![Page 5: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/5.jpg)
![Page 6: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/6.jpg)
![Page 7: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/7.jpg)
The IUU listing and its consequences
And then, what have States parties to the FSA and RFMOs done in relation to unregulated activities? It is possible to
identify some interesting developments:
1
2
3
4
The regulation of transhipments and support activities
Port access and port use regulations
Boarding and inspection procedures
![Page 8: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/8.jpg)
![Page 9: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/9.jpg)
![Page 10: Tackling unregulated fishing activities in the context of the Fish Stock Agreement and RFMOs: is international customary law finally emerging? Osvaldo.](https://reader035.fdocuments.us/reader035/viewer/2022081515/5a4d1b727f8b9ab0599b5e9c/html5/thumbnails/10.jpg)
Some relevant States have started to consider unregulated activities as contrary to international
law
- FSA has 82 Parties and world RFMOs add more States to the equation - State practice and opinio iuris should be assessed with regard to relevant States- The Law of the Sea has been historically the area of international law in which customary law is perhaps more fruitful and relevant- Bear in mind the developments we have identified
Could we say that an emerging principle of
international customary law is
emerging?
Is this important? Why?
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Thank you