Chapter 5
Regional Fisheries Management
Organizations
Erik J. Molenaar
Abstract Regional fisheries management organizations and arrangements (RFMO/
As) can at present be regarded as the preeminent institutions of international fisheries
law. This chapter examines their role in the implementation and development of the
law of the sea. It sketches the origins of international fisheries law and RFMO/As,
and offers an overview of the different types of RFMO/As and the distinctions
between them, their key functions, and whether or not a body qualifies as an RFMO
or an RFMA. As part of this latter aspect, several regional bodies are closely
examined, in particular those relating to the Arctic and the Antarctic. It is argued
that RFMO/As can perform additional roles besides conservation and management
of fisheries resources. This ‘role-oriented approach to RFMO/As’ is supported by the
rules and practices of several RFMO/As. Special attention is finally devoted to the
mandate of RFMO/As to deal with free riders and their rules and practices aimed at
safeguarding the interests of the ‘Founding Fathers’ that initiated the negotiation of
the RFMO/As’ establishment. These issues are not only of critical importance to
RFMO/As but are to a considerable extent also interrelated.
Writing this chapter was also facilitated by funding from the Netherlands Polar Programme, and
the Research Council of Norway (project STOCKSHIFT). The views in this chapter are those of
the author and not necessarily those of the Netherlands government. The author is very grateful
for comments received from Nicola Ferri and Martijn Peijs on an earlier version.
E. J. Molenaar (*)
Netherlands Institute for the Law of the Sea (NILOS), Utrecht Centre for Water, Oceans and
Sustainability Law (UCWOSL), Utrecht University, Utrecht, The Netherlands
Norwegian Centre for the Law of the Sea (NCLOS), UiT The Arctic University of Norway,
Tromsø, Norway
e-mail: e.j.molenaar@uu.nl
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_5
81
Regional Fisheries Management
Organizations
Erik J. Molenaar
Abstract Regional fisheries management organizations and arrangements (RFMO/
As) can at present be regarded as the preeminent institutions of international fisheries
law. This chapter examines their role in the implementation and development of the
law of the sea. It sketches the origins of international fisheries law and RFMO/As,
and offers an overview of the different types of RFMO/As and the distinctions
between them, their key functions, and whether or not a body qualifies as an RFMO
or an RFMA. As part of this latter aspect, several regional bodies are closely
examined, in particular those relating to the Arctic and the Antarctic. It is argued
that RFMO/As can perform additional roles besides conservation and management
of fisheries resources. This ‘role-oriented approach to RFMO/As’ is supported by the
rules and practices of several RFMO/As. Special attention is finally devoted to the
mandate of RFMO/As to deal with free riders and their rules and practices aimed at
safeguarding the interests of the ‘Founding Fathers’ that initiated the negotiation of
the RFMO/As’ establishment. These issues are not only of critical importance to
RFMO/As but are to a considerable extent also interrelated.
Writing this chapter was also facilitated by funding from the Netherlands Polar Programme, and
the Research Council of Norway (project STOCKSHIFT). The views in this chapter are those of
the author and not necessarily those of the Netherlands government. The author is very grateful
for comments received from Nicola Ferri and Martijn Peijs on an earlier version.
E. J. Molenaar (*)
Netherlands Institute for the Law of the Sea (NILOS), Utrecht Centre for Water, Oceans and
Sustainability Law (UCWOSL), Utrecht University, Utrecht, The Netherlands
Norwegian Centre for the Law of the Sea (NCLOS), UiT The Arctic University of Norway,
Tromsø, Norway
e-mail: e.j.molenaar@uu.nl
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_5
81