on in its 2015 Advisory Opinion, the FAO guidelines would be a likely source of
evidence to determine what constitutes an “obligation of conduct”.
52
While the concept of flag state responsibility continues to create challenges for
international fisheries enforcement with the continued practice of States issuing
“flags of convenience”,
53 the existence of the 2015 guidelines provides a template
for a State to measure its performance through either self-assessment or an external
assessment.
54 While no State has done so, a conscientious State, relying on the
guidelines, might be able to reference the guidelines as a basis for placing a national
moratorium on fishing vessel registrations until it has a framework in place capable
of meeting the minimum assessment criteria of the guidelines. The guidelines
provide a specific “checklist” tool for States with technical capacity to assist other
States in substantively improving their capacity to exercise effective jurisdiction and
control.
3.5 Network of Regional Fisheries Bodies
Under the Law of the Sea, States are encouraged to cooperate through regional
fisheries organizations.
55 While the FAO does not create regional fisheries management organizations, it has historically facilitated interaction between the organizations as observers to the FAO Committee on Fisheries that has been meeting since
1965. More recently, the FAO has been coordinating a Regional Fishery Body
(RFB) Secretariats’ Network that has been meeting biennially since March 2007
as an informal platform for fisheries organizations to seek advice and exchange
information on matters of common concern. The RFB Secretariats’ Network offers
widely dispersed regional governance bodies an epistemic community to strengthen
relations between regional fisheries bodies as well as assist these groups in institutional problem-solving. The network is envisioned as a place for both brainstorming
and creating new alliances based on common concerns. As a result of the network,
several regional fisheries management organization met in 2017 to discuss how their
organisations can support efforts by States to implement the Port State Measures
Agreement within their geographic jurisdiction. FAO convenes the network meetings on a regular basis and provides support for the delivery of a quarterly newsletter
with content from the regional fishery bodies. In 2018, RFBs shared their specific
efforts to achieve UN Sustainable Development Goals through a variety of programs
52 ITLOS Advisory Opinion, supra note 46, para. 129.
53 The ability of private owners to obtain a flag on an open registry without needing to provide a
verifiable “genuine link” to the flag State operates with the same dynamics of international tax
havens. On the one hand, there appears to be legitimacy in having a registered boat. On the other
hand, a lack of a genuine link with a flag serves to mask illegitimate behavior if a flag state fails to
monitor, control, or enforce against registered boats.
54 FAO Voluntary Guidelines for Flag State Performance (2015), supra note 48, para. 45–46.
55 Arts 61, 63, 66, 118, and 119, UNCLOS.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 217
evidence to determine what constitutes an “obligation of conduct”.
52
While the concept of flag state responsibility continues to create challenges for
international fisheries enforcement with the continued practice of States issuing
“flags of convenience”,
53 the existence of the 2015 guidelines provides a template
for a State to measure its performance through either self-assessment or an external
assessment.
54 While no State has done so, a conscientious State, relying on the
guidelines, might be able to reference the guidelines as a basis for placing a national
moratorium on fishing vessel registrations until it has a framework in place capable
of meeting the minimum assessment criteria of the guidelines. The guidelines
provide a specific “checklist” tool for States with technical capacity to assist other
States in substantively improving their capacity to exercise effective jurisdiction and
control.
3.5 Network of Regional Fisheries Bodies
Under the Law of the Sea, States are encouraged to cooperate through regional
fisheries organizations.
55 While the FAO does not create regional fisheries management organizations, it has historically facilitated interaction between the organizations as observers to the FAO Committee on Fisheries that has been meeting since
1965. More recently, the FAO has been coordinating a Regional Fishery Body
(RFB) Secretariats’ Network that has been meeting biennially since March 2007
as an informal platform for fisheries organizations to seek advice and exchange
information on matters of common concern. The RFB Secretariats’ Network offers
widely dispersed regional governance bodies an epistemic community to strengthen
relations between regional fisheries bodies as well as assist these groups in institutional problem-solving. The network is envisioned as a place for both brainstorming
and creating new alliances based on common concerns. As a result of the network,
several regional fisheries management organization met in 2017 to discuss how their
organisations can support efforts by States to implement the Port State Measures
Agreement within their geographic jurisdiction. FAO convenes the network meetings on a regular basis and provides support for the delivery of a quarterly newsletter
with content from the regional fishery bodies. In 2018, RFBs shared their specific
efforts to achieve UN Sustainable Development Goals through a variety of programs
52 ITLOS Advisory Opinion, supra note 46, para. 129.
53 The ability of private owners to obtain a flag on an open registry without needing to provide a
verifiable “genuine link” to the flag State operates with the same dynamics of international tax
havens. On the one hand, there appears to be legitimacy in having a registered boat. On the other
hand, a lack of a genuine link with a flag serves to mask illegitimate behavior if a flag state fails to
monitor, control, or enforce against registered boats.
54 FAO Voluntary Guidelines for Flag State Performance (2015), supra note 48, para. 45–46.
55 Arts 61, 63, 66, 118, and 119, UNCLOS.
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 217