Agreement and, more recently, in the PSM Agreement. RFMO/As have made
extensive use of their associated mandate to deal with free rider-behavior by
non-Members, whether or not they are parties to the Fish Stocks Agreement. So
far, this mandate has not been challenged in the context of dispute settlement
proceedings under international trade law or international fisheries law. Were such
a challenge to arise in the future, however, it could well be linked to preferential
treatment accorded to Founding Fathers through rules and practices on allocation
and participation.
References
Barnes JN (1982) The emerging convention on the conservation of Antarctic Marine living
resources: an attempt to meet the new realities of resource exploitation in the Southern Ocean.
In: Charney JI (ed) The new nationalism and the use of common spaces. Osmun Publishers,
Allanheld, pp 239–286
Billé R, Chabason L, Drankier P, Molenaar EJ, Rochette J (2016) Regional Oceans Governance.
Making Regional Seas Programmes, Regional Fishery Bodies and Large Marine Ecosystem
Mechanisms Work Better Together. UNEP Regional Seas Reports and Studies No. 197;
available at RSRS
Churchill R (2019) International trade law aspects of measures to combat IUU and unsustainable
fishing. In: Caddell R, Molenaar EJ (eds) Strengthening international fisheries law in an era of
changing oceans. Hart, London, pp 319–349
Dahl I (2016) Regional approaches to aquaculture and a case study of the North Atlantic Salmon
Conservation Organization. In: Bankes N, Dahl I, VanderZwaag DL (eds) Aquaculture law and
policy. Global, regional and national perspectives. Edward Elgar, pp 103–129
Ferri N (2015) Conflicts over the conservation of marine living resources. Third states, governance,
fragmentation and other recurring issues in international law. G. Giappichelli Editore, Torino
Guggisberg S (2019) Legal Considerations Around Japan’s Announcement That it Will Leave the
International Whaling Commission (IWC). Blogpost of 5 February 2019, Available at https://
nereusprogram.org/work-category/blog/
Harrison J (2019) Key challenges relating to the governance of regional fisheries. In: Caddell R,
Molenaar EJ (eds) Strengthening international fisheries law in an era of changing oceans. Hart,
London, pp 79–102
Honniball A (2018) Extraterritorial port state measures: the basis and limits of unilateral port state
jurisdiction to combat illegal, unreported and unregulated fishing. Unpublished PhD manuscript, Utrecht University, School of Law
Molenaar EJ (2005) Addressing regulatory gaps in high seas fisheries. Int J Mar Coast Law
20:533–570
Molenaar EJ (2012) Current and prospective roles of the arctic council system within the context of
the law of the sea. Int J Mar Coast Law 27:553–595
Molenaar EJ (2016) International regulation of central Arctic Ocean fisheries. In: Nordquist MH,
Moore JN, Long R (eds) Challenges of the changing Arctic. Continental shelf, navigation, and
fisheries. Brill/Nijhoff, pp 429–463
Molenaar EJ (2019) Participation in regional fisheries management organizations. In: Caddell R,
Molenaar EJ (eds) Strengthening international fisheries law in an era of changing oceans. Hart,
London, pp 103–129
Molenaar EJ (2020) The CAOF agreement. Key issues of international fisheries law. In: Heidar T
(ed) New knowledge and changing circumstances in the law of the sea. Brill (forthcoming)
108
E. J. Molenaar
extensive use of their associated mandate to deal with free rider-behavior by
non-Members, whether or not they are parties to the Fish Stocks Agreement. So
far, this mandate has not been challenged in the context of dispute settlement
proceedings under international trade law or international fisheries law. Were such
a challenge to arise in the future, however, it could well be linked to preferential
treatment accorded to Founding Fathers through rules and practices on allocation
and participation.
References
Barnes JN (1982) The emerging convention on the conservation of Antarctic Marine living
resources: an attempt to meet the new realities of resource exploitation in the Southern Ocean.
In: Charney JI (ed) The new nationalism and the use of common spaces. Osmun Publishers,
Allanheld, pp 239–286
Billé R, Chabason L, Drankier P, Molenaar EJ, Rochette J (2016) Regional Oceans Governance.
Making Regional Seas Programmes, Regional Fishery Bodies and Large Marine Ecosystem
Mechanisms Work Better Together. UNEP Regional Seas Reports and Studies No. 197;
available at RSRS
Churchill R (2019) International trade law aspects of measures to combat IUU and unsustainable
fishing. In: Caddell R, Molenaar EJ (eds) Strengthening international fisheries law in an era of
changing oceans. Hart, London, pp 319–349
Dahl I (2016) Regional approaches to aquaculture and a case study of the North Atlantic Salmon
Conservation Organization. In: Bankes N, Dahl I, VanderZwaag DL (eds) Aquaculture law and
policy. Global, regional and national perspectives. Edward Elgar, pp 103–129
Ferri N (2015) Conflicts over the conservation of marine living resources. Third states, governance,
fragmentation and other recurring issues in international law. G. Giappichelli Editore, Torino
Guggisberg S (2019) Legal Considerations Around Japan’s Announcement That it Will Leave the
International Whaling Commission (IWC). Blogpost of 5 February 2019, Available at https://
nereusprogram.org/work-category/blog/
Harrison J (2019) Key challenges relating to the governance of regional fisheries. In: Caddell R,
Molenaar EJ (eds) Strengthening international fisheries law in an era of changing oceans. Hart,
London, pp 79–102
Honniball A (2018) Extraterritorial port state measures: the basis and limits of unilateral port state
jurisdiction to combat illegal, unreported and unregulated fishing. Unpublished PhD manuscript, Utrecht University, School of Law
Molenaar EJ (2005) Addressing regulatory gaps in high seas fisheries. Int J Mar Coast Law
20:533–570
Molenaar EJ (2012) Current and prospective roles of the arctic council system within the context of
the law of the sea. Int J Mar Coast Law 27:553–595
Molenaar EJ (2016) International regulation of central Arctic Ocean fisheries. In: Nordquist MH,
Moore JN, Long R (eds) Challenges of the changing Arctic. Continental shelf, navigation, and
fisheries. Brill/Nijhoff, pp 429–463
Molenaar EJ (2019) Participation in regional fisheries management organizations. In: Caddell R,
Molenaar EJ (eds) Strengthening international fisheries law in an era of changing oceans. Hart,
London, pp 103–129
Molenaar EJ (2020) The CAOF agreement. Key issues of international fisheries law. In: Heidar T
(ed) New knowledge and changing circumstances in the law of the sea. Brill (forthcoming)
108
E. J. Molenaar