subsequent years, States are negotiating a new implementing treaty to regulate
certain activities on the high seas. Many States have expressed concerns to protect
the freedoms associated with the high seas. A chronic problem already highlighted
by FAO work on flag state responsibilities is the negligent flag state that fails to
supervise vessels flagged to its registries for both labour and environmental violations. Perhaps, the FAO exercising its personality might partner with enforcement
vessels from FAO member States or hire its own enforcement vessels in order to
assert FAO enforcement jurisdiction over the high seas on behalf of the FAO. It has
been many years since the UN flag has flown on a fleet of vessels but it is
theoretically possible that the FAO could raise the UN flag to lead an effort on
behalf of the FAO to combat illegal, unreported, and unregulated fishing and
improve flag state control.
57 Perhaps this is the next step in innovation to ensure
adequate enforcement of global policies. If not, the FAO based on past performance
is likely to continue to experiment with and propose new policy approaches to shared
intransigent problems involving conservation of natural resources.
References
Amerasinghe CF (2005) Principles of the institutional law of international organisations, 2nd edn.
University Press, Cambridge
Ferrell J (2005) Controlling flags of convenience: one measure to stop overfishing of collapsing fish
stocks. Environ Law 35:323
International Court of Justice (1949) Reparation of or Injuries Suffered in the Service of the United
Nations I.C.J. Reports 174
International Tribunal for the Law of the Sea (2015) Request for an Advisory Opinion Submitted by
the Sub-Regional Fisheries Commission (2 April 2015), Case No. 21, Advisory Opinion
Kelsen H (1951) The law of the United Nations. A critical analysis of its fundamental problems.
Frederick A. Praeger, New York
March J, Olsen J (1998) The institutional dynamics of international political orders. Int Organ 52
(4):943–969
Meyers H (1967) The nationality of ships. Martinus Nijhoff, The Hague
Park S (2006) Theorizing norm diffusion within international organizations. Int Polit 43
(3):342–361
Rama-Montaldo M (1970) The international personality and implied powers of international
organisations. Br Yearb Int Law 44:111–156
Schmerers H, Blokker N (2011) International institutional law. Brill, Leiden-Boston
Weissburg G (1961) The international status of the United Nations. Oceana Publications, New York
57 In the Suez Canal in 1956 and 1957, the UN Suez Canal Operation chartered numerous ships from
private parties that were then deployed as part of a UN project. The ships were provided with
privileges and immunities available to the United Nations and flew the UN flag from its stern in
place of their national flag while operating in the Suez Canal area. Meyers (1967), pp. 333–334;
Art. 93 of UNCLOS provides that certain obligations related to nationality and status of ships “do
not prejudice the question of ships employed on the official service of the United Nations, its
specialized agencies or the International Atomic Energy Agency, flying the flag of the
organization.”
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 219
certain activities on the high seas. Many States have expressed concerns to protect
the freedoms associated with the high seas. A chronic problem already highlighted
by FAO work on flag state responsibilities is the negligent flag state that fails to
supervise vessels flagged to its registries for both labour and environmental violations. Perhaps, the FAO exercising its personality might partner with enforcement
vessels from FAO member States or hire its own enforcement vessels in order to
assert FAO enforcement jurisdiction over the high seas on behalf of the FAO. It has
been many years since the UN flag has flown on a fleet of vessels but it is
theoretically possible that the FAO could raise the UN flag to lead an effort on
behalf of the FAO to combat illegal, unreported, and unregulated fishing and
improve flag state control.
57 Perhaps this is the next step in innovation to ensure
adequate enforcement of global policies. If not, the FAO based on past performance
is likely to continue to experiment with and propose new policy approaches to shared
intransigent problems involving conservation of natural resources.
References
Amerasinghe CF (2005) Principles of the institutional law of international organisations, 2nd edn.
University Press, Cambridge
Ferrell J (2005) Controlling flags of convenience: one measure to stop overfishing of collapsing fish
stocks. Environ Law 35:323
International Court of Justice (1949) Reparation of or Injuries Suffered in the Service of the United
Nations I.C.J. Reports 174
International Tribunal for the Law of the Sea (2015) Request for an Advisory Opinion Submitted by
the Sub-Regional Fisheries Commission (2 April 2015), Case No. 21, Advisory Opinion
Kelsen H (1951) The law of the United Nations. A critical analysis of its fundamental problems.
Frederick A. Praeger, New York
March J, Olsen J (1998) The institutional dynamics of international political orders. Int Organ 52
(4):943–969
Meyers H (1967) The nationality of ships. Martinus Nijhoff, The Hague
Park S (2006) Theorizing norm diffusion within international organizations. Int Polit 43
(3):342–361
Rama-Montaldo M (1970) The international personality and implied powers of international
organisations. Br Yearb Int Law 44:111–156
Schmerers H, Blokker N (2011) International institutional law. Brill, Leiden-Boston
Weissburg G (1961) The international status of the United Nations. Oceana Publications, New York
57 In the Suez Canal in 1956 and 1957, the UN Suez Canal Operation chartered numerous ships from
private parties that were then deployed as part of a UN project. The ships were provided with
privileges and immunities available to the United Nations and flew the UN flag from its stern in
place of their national flag while operating in the Suez Canal area. Meyers (1967), pp. 333–334;
Art. 93 of UNCLOS provides that certain obligations related to nationality and status of ships “do
not prejudice the question of ships employed on the official service of the United Nations, its
specialized agencies or the International Atomic Energy Agency, flying the flag of the
organization.”
12 UN Food and Agriculture Organization: Exercising Legal Personality to Implement. . . 219