1 Introduction
Regional fisheries management organizations and arrangements (RFMO/As) can at
present be regarded as the preeminent institutions of international fisheries law,
which is the domain (or: ‘rule-complex’) of international law that relates specifically
to the conservation and management and/or development of marine capture fisheries.
It consists of substantive norms (e.g. rights, obligations and objectives), substantive
fisheries standards (e.g. catch restrictions) as well as institutional rules and arrangements (e.g. mandates and decision-making procedures). International fisheries law is
part of public international law and can also be seen as a branch or part of the domain
of the international law of the sea.
This chapter examines the role of RFMO/As in the implementation and development of the law of the sea. The next Section on ‘History’ provides some background
information on the origins of international fisheries law and RFMO/As. Subsequently, Sect. 3 deals with definitions, provides an overview of the different types
of RFMO/As and the distinctions between them, their key functions, and whether or
not a body qualifies as an RFMO or an RFMA. Section 4 is devoted to ‘Dealing with
Free Riders’ and Sect. 5 to the equally critical issue of ‘Safeguarding the Founding
Fathers’ Interests’. The chapter ends with ‘Conclusions’ in Sect. 6.
2 History
The origins of international fisheries law can be traced back to the end of the
nineteenth century, when North Sea coastal States adopted multilateral rules on
fisheries enforcement at sea, and the United States unsuccessfully asserted coastal
State jurisdiction for the purpose of the conservation of fur seals in high seas areas
adjacent to its territorial sea.
1 The earliest precursor of the bilateral International
Pacific Halibut Commission (IPHC)—established in 1924
2
—could be regarded as
the first RFMO avant la lettre. The earliest multilateral fisheries bodies were the
pre-cursors of the North-East Atlantic Fisheries Commission (NEAFC) and the
Northwest Atlantic Fisheries Organization (NAFO), both established shortly after
World War II.
3 Other progress on intergovernmental regulation of marine living
resources before and shortly after World War II related to marine mammals, and saw
the establishment of the International Whaling Commission (IWC) in 1948.
4 As the
1 Takei (2013), pp. 14–16.
2 Convention for the Preservation of the Halibut Fishery of the North Pacific Ocean and the Bering
Sea, Washington D.C., 2 March 1923. In force 23 October 1924 (32 LNTS 93).
3 Takei (2013), p. 25.
4 Pursuant to the ICRW (International Convention for the Regulation of Whaling, Washington D.C.,
2 December 1946. In force 10 November 1948 (161 UNTS 72), as amended. Consolidated version
available at https//iwc.int).
82
E. J. Molenaar
Regional fisheries management organizations and arrangements (RFMO/As) can at
present be regarded as the preeminent institutions of international fisheries law,
which is the domain (or: ‘rule-complex’) of international law that relates specifically
to the conservation and management and/or development of marine capture fisheries.
It consists of substantive norms (e.g. rights, obligations and objectives), substantive
fisheries standards (e.g. catch restrictions) as well as institutional rules and arrangements (e.g. mandates and decision-making procedures). International fisheries law is
part of public international law and can also be seen as a branch or part of the domain
of the international law of the sea.
This chapter examines the role of RFMO/As in the implementation and development of the law of the sea. The next Section on ‘History’ provides some background
information on the origins of international fisheries law and RFMO/As. Subsequently, Sect. 3 deals with definitions, provides an overview of the different types
of RFMO/As and the distinctions between them, their key functions, and whether or
not a body qualifies as an RFMO or an RFMA. Section 4 is devoted to ‘Dealing with
Free Riders’ and Sect. 5 to the equally critical issue of ‘Safeguarding the Founding
Fathers’ Interests’. The chapter ends with ‘Conclusions’ in Sect. 6.
2 History
The origins of international fisheries law can be traced back to the end of the
nineteenth century, when North Sea coastal States adopted multilateral rules on
fisheries enforcement at sea, and the United States unsuccessfully asserted coastal
State jurisdiction for the purpose of the conservation of fur seals in high seas areas
adjacent to its territorial sea.
1 The earliest precursor of the bilateral International
Pacific Halibut Commission (IPHC)—established in 1924
2
—could be regarded as
the first RFMO avant la lettre. The earliest multilateral fisheries bodies were the
pre-cursors of the North-East Atlantic Fisheries Commission (NEAFC) and the
Northwest Atlantic Fisheries Organization (NAFO), both established shortly after
World War II.
3 Other progress on intergovernmental regulation of marine living
resources before and shortly after World War II related to marine mammals, and saw
the establishment of the International Whaling Commission (IWC) in 1948.
4 As the
1 Takei (2013), pp. 14–16.
2 Convention for the Preservation of the Halibut Fishery of the North Pacific Ocean and the Bering
Sea, Washington D.C., 2 March 1923. In force 23 October 1924 (32 LNTS 93).
3 Takei (2013), p. 25.
4 Pursuant to the ICRW (International Convention for the Regulation of Whaling, Washington D.C.,
2 December 1946. In force 10 November 1948 (161 UNTS 72), as amended. Consolidated version
available at https//iwc.int).
82
E. J. Molenaar