resources and the adoption of improved methods of agricultural production” [“agriculture” is defined to include fisheries].
1 Notably, FAO’s work on shaping an agenda
to achieve the conservation of marine fisheries has resulted in notable contributions
by FAO to achieving the objectives of the United Nations Convention on the Law of
the Sea (UNCLOS).
2 This focused work by a single international organization is
increasingly important with millions of people particularly in Global South countries
relying upon fish not just for protein but also for vitamins and micronutrients such as
zinc, iron, and iodine.
3 Even though the FAO is not a party to the UNCLOS treaty,
the FAO through the exercise of its powers has significantly contributed to the
implementation of UNCLOS independently of individual State interests.
This chapter concludes that the FAO as an institutional actor has been an active
subject of international law setting an international agenda derived from its mission
to achieve ocean sustainability outcomes. Given that the FAO exercises authority as
an independent organization to achieve outcomes that might not be possible if the
organization was simply the sum of its members, the FAO is in a unique position to
make substantive contributions to UNCLOS implementation. This chapter explores
five FAO-driven value-added initiatives that have helped to accelerate the implementation of UNCLOS by creating new norms and practices including: (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. This
chapter concludes by suggesting that the FAO because of its exercise of derivative
powers has been capable of responding to certain types of global problems of
concern to UNCLOS parties more deftly and perhaps innovatively than a mere
“organization of states.”
2 FAO, International Legal Personality, and UNCLOS
Implementation
For many decades, States have acknowledged that international organizations particularly UN created organizations including specialized agencies have legal personality.
4 The practice of legal personality has generally focused on the rights of
1 Food and Agriculture Organization Constitution in Basic Texts of the FAO (Volume 1) (2017)
available at http://www.fao.org/3/K8024E/K8024E.pdf: Article I(2)(c).
2 1833 UNTS 3, 21 ILM 1261 (1982), Preamble (UNCLOS was concluded to promote “the
equitable and efficient utilization” and conservation of ocean resources plus “the protection and
preservation of the marine environment”).
3 Food and Agriculture Organization, The State of World Fisheries and Aquaculture (2016).
Available at http://www.fao.org/3/a-i5555e.pdf, p. 70.
4 Reparation of or Injuries Suffered in the Service of the United Nations I.C.J. Reports 1949, 177;
Rama-Montaldo (1970); Amerasinghe (2005); Schmerers and Blokker (2011).
204
A. Telesetsky
1 Notably, FAO’s work on shaping an agenda
to achieve the conservation of marine fisheries has resulted in notable contributions
by FAO to achieving the objectives of the United Nations Convention on the Law of
the Sea (UNCLOS).
2 This focused work by a single international organization is
increasingly important with millions of people particularly in Global South countries
relying upon fish not just for protein but also for vitamins and micronutrients such as
zinc, iron, and iodine.
3 Even though the FAO is not a party to the UNCLOS treaty,
the FAO through the exercise of its powers has significantly contributed to the
implementation of UNCLOS independently of individual State interests.
This chapter concludes that the FAO as an institutional actor has been an active
subject of international law setting an international agenda derived from its mission
to achieve ocean sustainability outcomes. Given that the FAO exercises authority as
an independent organization to achieve outcomes that might not be possible if the
organization was simply the sum of its members, the FAO is in a unique position to
make substantive contributions to UNCLOS implementation. This chapter explores
five FAO-driven value-added initiatives that have helped to accelerate the implementation of UNCLOS by creating new norms and practices including: (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. This
chapter concludes by suggesting that the FAO because of its exercise of derivative
powers has been capable of responding to certain types of global problems of
concern to UNCLOS parties more deftly and perhaps innovatively than a mere
“organization of states.”
2 FAO, International Legal Personality, and UNCLOS
Implementation
For many decades, States have acknowledged that international organizations particularly UN created organizations including specialized agencies have legal personality.
4 The practice of legal personality has generally focused on the rights of
1 Food and Agriculture Organization Constitution in Basic Texts of the FAO (Volume 1) (2017)
available at http://www.fao.org/3/K8024E/K8024E.pdf: Article I(2)(c).
2 1833 UNTS 3, 21 ILM 1261 (1982), Preamble (UNCLOS was concluded to promote “the
equitable and efficient utilization” and conservation of ocean resources plus “the protection and
preservation of the marine environment”).
3 Food and Agriculture Organization, The State of World Fisheries and Aquaculture (2016).
Available at http://www.fao.org/3/a-i5555e.pdf, p. 70.
4 Reparation of or Injuries Suffered in the Service of the United Nations I.C.J. Reports 1949, 177;
Rama-Montaldo (1970); Amerasinghe (2005); Schmerers and Blokker (2011).
204
A. Telesetsky