of State parties.
87 The formulation of common regional rules and coordination
is considered to be a measure that enhances regional integration. It should also be
noted that RFMOs and RFMAs of this type express serious concerns about IUU
fishing and are active in taking measures to eliminate IUU fishing to ensure responsible fishing activities in accordance with the rules formulated by the FAO.
88
The structure of most RFMOs and RFMAs is not as formal as that of RFMOs
established by coastal and fishing States in the sense that the Meetings of Ministers
or similar organs play a key role in decisions regarding the measures to be taken by
them.
89
It is possible to say that there is wide variety of RFMOs and RFMAs in the current
international community and the mechanism for coordinating and harmonizing their
activities is required to ensure the effective measures for the CMFS. The “Regional
Fishery Body Secretariats Network” established by the FAO may be effective to
achieve those purposes.
90
4 Regional Arrangements for the Protection
and Preservation of the Marine Environment (PPME)
4.1 The UNCLOS and the PPME
Chapter XII of the UNCLOS provides for various rules concerning the PPME. While
those rules reflect the scientific knowledge of 1970s and the prevention and control
of marine pollution is the main issue in Chapter XII, there are some provisions
setting out general obligations to protect and preserve the marine environment. The
Arbitral Tribunals in the South China Sea Arbitration stated the contents of the
general obligation to the PPME provided by Article 192.
91 Moreover, it noted that
Article 197 sets out the obligation to “cooperate on a global basis and, as appropriate,
on a regional basis, directly or through competent international organizations, in
formulating and elaborating international rules, standards and recommended practices and procedures consistent with the UNCLOS, for the PPME.” It explicitly notes
that the aim of this mechanism is to take “into account characteristic regional
features.”
92
87 For example, Art. 4 of the OLDEPESCA Convention, supra note 76.
88 The serious concerns of the SRFC are reflected in its request for the advisory opinion of the
ITLOS, see supra note 6.
89 For example, in accordance with Article 9, OLDEPESCA consists of a Conference of Ministers, a
Governing Board, and an Executive Management Board, supra note 76.
90 See http://www.fao.org/fishery/rsn/en.
91 South China Sea Arbitration, supra note 15, paras. 940.
92 Id., 946.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
25
87 The formulation of common regional rules and coordination
is considered to be a measure that enhances regional integration. It should also be
noted that RFMOs and RFMAs of this type express serious concerns about IUU
fishing and are active in taking measures to eliminate IUU fishing to ensure responsible fishing activities in accordance with the rules formulated by the FAO.
88
The structure of most RFMOs and RFMAs is not as formal as that of RFMOs
established by coastal and fishing States in the sense that the Meetings of Ministers
or similar organs play a key role in decisions regarding the measures to be taken by
them.
89
It is possible to say that there is wide variety of RFMOs and RFMAs in the current
international community and the mechanism for coordinating and harmonizing their
activities is required to ensure the effective measures for the CMFS. The “Regional
Fishery Body Secretariats Network” established by the FAO may be effective to
achieve those purposes.
90
4 Regional Arrangements for the Protection
and Preservation of the Marine Environment (PPME)
4.1 The UNCLOS and the PPME
Chapter XII of the UNCLOS provides for various rules concerning the PPME. While
those rules reflect the scientific knowledge of 1970s and the prevention and control
of marine pollution is the main issue in Chapter XII, there are some provisions
setting out general obligations to protect and preserve the marine environment. The
Arbitral Tribunals in the South China Sea Arbitration stated the contents of the
general obligation to the PPME provided by Article 192.
91 Moreover, it noted that
Article 197 sets out the obligation to “cooperate on a global basis and, as appropriate,
on a regional basis, directly or through competent international organizations, in
formulating and elaborating international rules, standards and recommended practices and procedures consistent with the UNCLOS, for the PPME.” It explicitly notes
that the aim of this mechanism is to take “into account characteristic regional
features.”
92
87 For example, Art. 4 of the OLDEPESCA Convention, supra note 76.
88 The serious concerns of the SRFC are reflected in its request for the advisory opinion of the
ITLOS, see supra note 6.
89 For example, in accordance with Article 9, OLDEPESCA consists of a Conference of Ministers, a
Governing Board, and an Executive Management Board, supra note 76.
90 See http://www.fao.org/fishery/rsn/en.
91 South China Sea Arbitration, supra note 15, paras. 940.
92 Id., 946.
2 Implementation of the Rules of the UNCLOS Through Universal and Regional. . .
25