The 1995 FSA also provides special mechanisms to ensure the cooperation
between or among the States concerned. Article 7 sets out the obligation of coastal
States and the States fishing on the high seas to cooperate directly or through
appropriate mechanisms and to ensure the compatibility of the conservation and
management measures established for the high seas and those adopted for areas
under national jurisdiction. With regard to the “appropriate mechanisms” referred to
in Article 7, Part III provides the rules for the mechanisms for international cooperation concerning the relevant fish stocks. In the mechanisms, the role of regional
management organizations or arrangements is emphasized to ensure the effective
international cooperation concerning straddling fish stocks and highly migratory fish
stocks. Thus, under this mechanism, regional organizations or arrangements are even
more important. The 1995 FSA substantiates universal rules for the conservation and
management of the straddling fish stocks and highly migratory fish stocks, taking
into account the development of the scientific knowledge and technologies since the
adoption of UNCLOS.
The fact that the efforts of the Food and Agriculture Organization (FAO) in
CMFS started with the United Nations Conference on Environment and Development (UNCED) in 1992 reflects the close relationship between CMFS and PPME.
The arguments in cases referred to an international court or tribunal in accordance
with Part XV of the UNCLOS have shed lights on the concrete issues relating to it.
3.1.2 Activities of Universal Organizations for the Elimination of Illegal,
Unreported and Unregulated Fishing
In addition to the development of substantive rules for the implementation of the
rules concerning CMFS, the elimination of illegal, unreported and unregulated
fishing (IUU fishing) has become another essential matter for the arguments on the
regulations of fishing activities in the international community. In particular, the
FAO has played a principal role as the universal forum for further development of
the rules concerning this matter. It has adopted both binding agreements and
voluntary instruments, including the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High
Seas of 1993 (FAO Compliance Agreement),
23 and the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal Unreported and Unregulated
Fishing of 2009 (FAO PSMA).
24 Non-binding instruments also play an important
role in the FAO’s framework. The Code of Conduct for Responsible Fisheries of
23 The Agreement was adopted in November 1993 and entered into force on 24 April 2003. The text
of the Agreement is available at http://www.fao.org/documents/card/en/c/8cb30770-314555eda0db-315cbbb722a6.
24 The Agreement was adopted on 22 November 2009 and entered into force on 5 June 2016; see
http://www.fao.org/port-state-measures/en/. The text of the Agreement is available at http://www.
fao.org/port-state-measures/resources/detail/en/c/1111616/.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
15
between or among the States concerned. Article 7 sets out the obligation of coastal
States and the States fishing on the high seas to cooperate directly or through
appropriate mechanisms and to ensure the compatibility of the conservation and
management measures established for the high seas and those adopted for areas
under national jurisdiction. With regard to the “appropriate mechanisms” referred to
in Article 7, Part III provides the rules for the mechanisms for international cooperation concerning the relevant fish stocks. In the mechanisms, the role of regional
management organizations or arrangements is emphasized to ensure the effective
international cooperation concerning straddling fish stocks and highly migratory fish
stocks. Thus, under this mechanism, regional organizations or arrangements are even
more important. The 1995 FSA substantiates universal rules for the conservation and
management of the straddling fish stocks and highly migratory fish stocks, taking
into account the development of the scientific knowledge and technologies since the
adoption of UNCLOS.
The fact that the efforts of the Food and Agriculture Organization (FAO) in
CMFS started with the United Nations Conference on Environment and Development (UNCED) in 1992 reflects the close relationship between CMFS and PPME.
The arguments in cases referred to an international court or tribunal in accordance
with Part XV of the UNCLOS have shed lights on the concrete issues relating to it.
3.1.2 Activities of Universal Organizations for the Elimination of Illegal,
Unreported and Unregulated Fishing
In addition to the development of substantive rules for the implementation of the
rules concerning CMFS, the elimination of illegal, unreported and unregulated
fishing (IUU fishing) has become another essential matter for the arguments on the
regulations of fishing activities in the international community. In particular, the
FAO has played a principal role as the universal forum for further development of
the rules concerning this matter. It has adopted both binding agreements and
voluntary instruments, including the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High
Seas of 1993 (FAO Compliance Agreement),
23 and the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal Unreported and Unregulated
Fishing of 2009 (FAO PSMA).
24 Non-binding instruments also play an important
role in the FAO’s framework. The Code of Conduct for Responsible Fisheries of
23 The Agreement was adopted in November 1993 and entered into force on 24 April 2003. The text
of the Agreement is available at http://www.fao.org/documents/card/en/c/8cb30770-314555eda0db-315cbbb722a6.
24 The Agreement was adopted on 22 November 2009 and entered into force on 5 June 2016; see
http://www.fao.org/port-state-measures/en/. The text of the Agreement is available at http://www.
fao.org/port-state-measures/resources/detail/en/c/1111616/.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
15