Contents

Acknowledgements

Abbreviations

List of Illustrations

The Authors

Part I Background

Chapter 1 Introduction

The Concept of Regional Fisheries Management Regimes

The Changing Role of Regional Fisheries Management Regimes

Questions to be Asked, Cases to be Reviewed

Chapter 2 The Fish Stocks Agreement

Introduction

About the Fish Stocks Agreement

The Right and Obligation to Cooperate

An Obligation to Cooperate

A Right to Cooperate

Material Principles for Cooperation

Precautionary Approach

Protection of Marine Biodiversity

Compatibility between High Seas Conservation Measures and Coastal State Conservation Measures

Procedural Principles for Cooperation

RFMO/As: Organization and Decision-making Processes

Transparency

Allocation of Fishing Opportunities

Allocation Criteria

Compliance, Enforcement and Dispute Settlement

Strengthening Flag State Responsibilities

International Cooperation on Compliance and Enforcement

Dispute Settlement

Conclusions

Part II Case Studies

Chapter 3 The Northwest Atlantic Fisheries Organization (NAFO)

Introduction

Structure

The Right and Obligation to Cooperate

Membership

Decision-making Procedures

Transparency

Material Principles

General

Precautionary Approach and Protection of Marine Biodiversity

Consistency between NAFO Measures and Coastal State Measures

Allocation of Fishing Rights

Control, Enforcement and Compliance

General

Control and Enforcement in Respect of Vessels

RFMO/A Enforcement

Conclusions

Appendix 1: Stocks managed through NAFO

Straddling fish stocks

Discrete high seas fish stocks

Chapter 4 The North-east Atlantic Fisheries Commission (NEAFC)

Introduction

Background and Structure

The Right and Obligation to Cooperate

Membership

Decision-making Procedures

Transparency

Material Principles

Implementation of New Principles of Conservation

Consistency between the NEAFC Measures and Coastal State Measures

Allocation of Fishing Rights

Control, Enforcement and Compliance

Control and Enforcement in Respect of Vessels

RFMO/A Enforcement

Conclusions

Chapter 5 The Joint Russian–Norwegian Fisheries Commission

Introduction

The Fisheries in Question

Structure and Allocation Principles of the Regime

Material Principles: Turning to 'Precaution'

Procedural Principles: Transparency and Stakeholder Participation

Provisions for Compliance and Enforcement

Conclusions

Chapter 6 The South East Atlantic Fisheries Organization (SEAFO)

Introduction

The Fisheries and the Convention Area

The SEAFO Process

The SEAFO Convention

Membership

Principles of Conservation, Management and Allocation

Decision-making

The Compliance and Enforcement 'System'

Organizational Structure

Moving SEAFO From Paper to Practice

The Interim Arrangement—Procedures Awaiting Practice

The First Meeting of the SEAFO Commission— The Long and Winding Road to Swakopmund

The Future of SEAFO: Who Needs It?

Appendix 1

Draft texts and protocols

Appendix 2

Timeline for the negotiation of the SEAFO Convention (Chapter 7 The Western and Central Pacific Fisheries Commission)

(WCPFC)

Introduction

The Fisheries and Convention Area

Negotiations 1994–2000

The Convention Membership: The Right and Duty to Cooperate

Principles of Conservation and Management

Allocation of Quotas or Fishing Effort

Decision-making Procedures

Compliance and Enforcement

The Preparatory Conference (2001–2004)

Inaugural Session

Conclusions

Appendix

Reports and resolutions of the MHLC process

Part III Conclusions

Chapter 8 The Politics of Applying International Law in Regional Fisheries Management Regimes

Cases Compared: Scopes of Cooperation

Membership and Cooperation with Non-Contracting Parties

Applying the Precautionary Approach

Decision-Making Procedures and Transparency

Compliance and Enforcement

Conclusion

Bibliography

Index