Chapter 12
UN Food and Agriculture Organization:
Exercising Legal Personality to Implement
the UN Convention on the Law of the Sea
Anastasia Telesetsky
Abstract In the last several decades, intergovernmental organizations have played
an increasingly significant role in implementing international treaties by providing
innovative implementation proposals. The UN Food and Agriculture Organization
(FAO) has been a core institution for improving international fisheries governance.
This chapter proposes that based on a combination of delegated and derivative
international organization powers that the FAO has responsibilities to implement
actively those portions of UNCLOS that are relevant to the FAO’s mission to
conserve natural resources. Even though FAO is not a party to the UNCLOS treaty,
the FAO has played a central role in elaborating general concepts within UNCLOS
and innovating in the area of fishery management. FAO has done this both as an
agent of States but also independently through the exercise of FAO’s delegated
powers to conserve natural resources. This chapter highlights five areas where the
FAO has made substantive contributions to improving practices for sustainable
fisheries management: (1) ecosystem approach fisheries management, (2) port state
measures to combat illegal fishing, (3) guidelines to assist small-scale fisheries,
(4) improved flag state performance in relation to fisheries and (5) facilitation of
regional fisheries bodies. The Author proposes at the end that the FAO might be able
to exercise its derivative powers to improve enforcement on the high seas with the
possibility of FAO-organized enforcement efforts.
1 Introduction
Created by States, intergovernmental organizations play essential governance roles
by designing and promoting shared work agendas. Over the last several decades, the
UN Food and Agriculture Organization has contributed to actively promoting an
ecologically responsible fisheries management agenda. FAO’s efforts are a reflection
of its constitutionally mandated function to pursue “the conservation of natural
A. Telesetsky (*)
University of Idaho, College of Law, Moscow, ID, USA
e-mail: atelesetsky@uidaho.edu
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_12
203
UN Food and Agriculture Organization:
Exercising Legal Personality to Implement
the UN Convention on the Law of the Sea
Anastasia Telesetsky
Abstract In the last several decades, intergovernmental organizations have played
an increasingly significant role in implementing international treaties by providing
innovative implementation proposals. The UN Food and Agriculture Organization
(FAO) has been a core institution for improving international fisheries governance.
This chapter proposes that based on a combination of delegated and derivative
international organization powers that the FAO has responsibilities to implement
actively those portions of UNCLOS that are relevant to the FAO’s mission to
conserve natural resources. Even though FAO is not a party to the UNCLOS treaty,
the FAO has played a central role in elaborating general concepts within UNCLOS
and innovating in the area of fishery management. FAO has done this both as an
agent of States but also independently through the exercise of FAO’s delegated
powers to conserve natural resources. This chapter highlights five areas where the
FAO has made substantive contributions to improving practices for sustainable
fisheries management: (1) ecosystem approach fisheries management, (2) port state
measures to combat illegal fishing, (3) guidelines to assist small-scale fisheries,
(4) improved flag state performance in relation to fisheries and (5) facilitation of
regional fisheries bodies. The Author proposes at the end that the FAO might be able
to exercise its derivative powers to improve enforcement on the high seas with the
possibility of FAO-organized enforcement efforts.
1 Introduction
Created by States, intergovernmental organizations play essential governance roles
by designing and promoting shared work agendas. Over the last several decades, the
UN Food and Agriculture Organization has contributed to actively promoting an
ecologically responsible fisheries management agenda. FAO’s efforts are a reflection
of its constitutionally mandated function to pursue “the conservation of natural
A. Telesetsky (*)
University of Idaho, College of Law, Moscow, ID, USA
e-mail: atelesetsky@uidaho.edu
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_12
203