3 FAO-Driven Initiatives That Have Helped to Accelerate
the Implementation of UNCLOS
While the parties to UNCLOS are largely States, intergovernmental organizations
are playing substantive roles in the implementation of the treaty as independent legal
actors. This part describes some of the paradigm-shifting efforts by the FAO to both
interpret UNCLOS and to catalyse effective implementation of the treaty.
3.1 Ecosystem Approach to Fisheries
While the term ecosystem is only mentioned explicitly once in the UN Convention
on the Law of the Sea, the concept is implicit in both Article 61 and Article 119 of
UNCLOS. Article 61 provides that coastal States in the exclusive economic zone
must designate conservation and management measures for marine resource that
take into account “the interdependence of stocks” and the effects of fishing efforts
“on species associated with or dependent upon harvested species with a view to
maintaining or restoring populations of such associated or dependent species above
levels at which their reproduction may become seriously threatened.”
16 Article
119 requires the same approach to design of conservation and management measures
be taken by all States participating in high seas fishing. Notably, both Article 61 and
Article 119 indicate that States must take into account any generally recommended
international minimum standards.
The concept of an ecosystem approach to fisheries promoted by FAO requires
managing resources that do not have commercial value but have essential value for
the functioning of an ecosystem. In 2001, the FAO organized with the Government
of Iceland and the sponsorship of Norway a “Conference on Responsible Fisheries in
the Marine Ecosystem.” The conference concluded with an intergovernmental
declaration that reaffirmed UNCLOS and called upon regional and international
fisheries management organization to incorporate “ecosystem considerations” into
their work and for the FAO “to develop technical guidelines for best practices with
regard to introducing ecosystem considerations into fisheries management.”
17 Since
the 2001 meeting, FAO has developed numerous sets of guidelines that encompass
ecosystem approach to fishery management. While the guidelines are voluntary, they
represent a set of “best practices” negotiated by a variety of stakeholders including
government policymakers and industry representatives and offer concrete guidance
for normative developments in the implementation of UNCLOS Article 61 and 119.
The Guidelines have been influential in shaping government policy responses. For
16 Art. 61, UNCLOS.
17 The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2001) in Report of
the Reykjavik Conference on Responsible Fisheries in the Marine Ecosystem (1–4 October 2001)
FAO Fisheries Report, No. 658 (2002).
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 207
the Implementation of UNCLOS
While the parties to UNCLOS are largely States, intergovernmental organizations
are playing substantive roles in the implementation of the treaty as independent legal
actors. This part describes some of the paradigm-shifting efforts by the FAO to both
interpret UNCLOS and to catalyse effective implementation of the treaty.
3.1 Ecosystem Approach to Fisheries
While the term ecosystem is only mentioned explicitly once in the UN Convention
on the Law of the Sea, the concept is implicit in both Article 61 and Article 119 of
UNCLOS. Article 61 provides that coastal States in the exclusive economic zone
must designate conservation and management measures for marine resource that
take into account “the interdependence of stocks” and the effects of fishing efforts
“on species associated with or dependent upon harvested species with a view to
maintaining or restoring populations of such associated or dependent species above
levels at which their reproduction may become seriously threatened.”
16 Article
119 requires the same approach to design of conservation and management measures
be taken by all States participating in high seas fishing. Notably, both Article 61 and
Article 119 indicate that States must take into account any generally recommended
international minimum standards.
The concept of an ecosystem approach to fisheries promoted by FAO requires
managing resources that do not have commercial value but have essential value for
the functioning of an ecosystem. In 2001, the FAO organized with the Government
of Iceland and the sponsorship of Norway a “Conference on Responsible Fisheries in
the Marine Ecosystem.” The conference concluded with an intergovernmental
declaration that reaffirmed UNCLOS and called upon regional and international
fisheries management organization to incorporate “ecosystem considerations” into
their work and for the FAO “to develop technical guidelines for best practices with
regard to introducing ecosystem considerations into fisheries management.”
17 Since
the 2001 meeting, FAO has developed numerous sets of guidelines that encompass
ecosystem approach to fishery management. While the guidelines are voluntary, they
represent a set of “best practices” negotiated by a variety of stakeholders including
government policymakers and industry representatives and offer concrete guidance
for normative developments in the implementation of UNCLOS Article 61 and 119.
The Guidelines have been influential in shaping government policy responses. For
16 Art. 61, UNCLOS.
17 The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2001) in Report of
the Reykjavik Conference on Responsible Fisheries in the Marine Ecosystem (1–4 October 2001)
FAO Fisheries Report, No. 658 (2002).
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 207