on a formal convention are preferred as the bases for the PPME while RECs play an
essential role for that purpose.
5 Concluding Remarks: Toward Better Governance
of the Marine Environment as a Whole
From the examination in the previous sections, it can be concluded that the mechanisms for CMFS and for PPME have developed through independent processes and
that they are different in terms of nature and structure. At the same time, however,
the new approaches introduced since the 1990s have resulted in the overlap and
interaction between the legal rules concerning these two matters. The fishery
resources are considered to constitute a part of marine living species and the basic
ideas of international environmental law concerning living species, including precautionary approach, ecosystem approach, and the protection of biological diversity
and habitat are required as the bases for the rules and measures for CMFS. When we
admit that there are significant and complex overlap and interaction between CMFS
and PPME, it may be necessary to consider the way to search for a coherent and
integrated approach by coordinating and harmonizing the rules and functions
concerning these two matters. For this purpose, mutual communication and understanding between the two mechanisms is essential and the attempts of some organizations are worthwhile being noted.
The FAO’s involvement in CMFS started with the UN Conference on Environment and Development (UNCED) in 1992 and since then it has maintained the
cooperation with the UN mechanisms for environmental protection.
127 The IMO,
which has traditionally contributed to the development of legal rules and mechanisms to PPME, started its efforts for the regulation of the IUU fishing. As far as the
cooperation between RFMO and REO is concerned, the OSPAR Commission
concluded the Memorandum of Understanding (MoU) respectively with NASCO
in 2013 and with NEAFC in 2014. Under those MoUs, recognizing their complementary competences, two organizations arrange the mechanism for cooperation.
128
The cooperation between two different types of mechanisms may not be so easy.
However, cooperative mechanisms may substantially contribute to the coordination
and harmonization of the legal rules concerning two different but closely interrelated
matters.
127 Preface for the Code of Conduct for Responsible Fisheries; see http://www.fao.org/docrep/005/
v9878e/v9878e00.htm.
128 Memorandum of Understanding between the North Atlantic Salmon Conservation Organization
and the OSPAR Commission, https://www.ospar.org/site/assets/files/1357/nasco_mou.pdf, and
Memorandum of Understanding between the North East Atlantic Fisheries Commission
(NEAFC) and the OSPAR Commission; see https://www.ospar.org/site/assetsfiles/1357/mou_
neafc_ospar.pdf and https://www.neafc.org/collective-arrangement.
34
M. Kawano
essential role for that purpose.
5 Concluding Remarks: Toward Better Governance
of the Marine Environment as a Whole
From the examination in the previous sections, it can be concluded that the mechanisms for CMFS and for PPME have developed through independent processes and
that they are different in terms of nature and structure. At the same time, however,
the new approaches introduced since the 1990s have resulted in the overlap and
interaction between the legal rules concerning these two matters. The fishery
resources are considered to constitute a part of marine living species and the basic
ideas of international environmental law concerning living species, including precautionary approach, ecosystem approach, and the protection of biological diversity
and habitat are required as the bases for the rules and measures for CMFS. When we
admit that there are significant and complex overlap and interaction between CMFS
and PPME, it may be necessary to consider the way to search for a coherent and
integrated approach by coordinating and harmonizing the rules and functions
concerning these two matters. For this purpose, mutual communication and understanding between the two mechanisms is essential and the attempts of some organizations are worthwhile being noted.
The FAO’s involvement in CMFS started with the UN Conference on Environment and Development (UNCED) in 1992 and since then it has maintained the
cooperation with the UN mechanisms for environmental protection.
127 The IMO,
which has traditionally contributed to the development of legal rules and mechanisms to PPME, started its efforts for the regulation of the IUU fishing. As far as the
cooperation between RFMO and REO is concerned, the OSPAR Commission
concluded the Memorandum of Understanding (MoU) respectively with NASCO
in 2013 and with NEAFC in 2014. Under those MoUs, recognizing their complementary competences, two organizations arrange the mechanism for cooperation.
128
The cooperation between two different types of mechanisms may not be so easy.
However, cooperative mechanisms may substantially contribute to the coordination
and harmonization of the legal rules concerning two different but closely interrelated
matters.
127 Preface for the Code of Conduct for Responsible Fisheries; see http://www.fao.org/docrep/005/
v9878e/v9878e00.htm.
128 Memorandum of Understanding between the North Atlantic Salmon Conservation Organization
and the OSPAR Commission, https://www.ospar.org/site/assets/files/1357/nasco_mou.pdf, and
Memorandum of Understanding between the North East Atlantic Fisheries Commission
(NEAFC) and the OSPAR Commission; see https://www.ospar.org/site/assetsfiles/1357/mou_
neafc_ospar.pdf and https://www.neafc.org/collective-arrangement.
34
M. Kawano