Category Archives: United Nations

Fisheries Regulation Coming to Waters Beyond the EEZ?

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File:Irish fishing boat.jpg

Photo: The John B a fishing trawler with drum winches at Howth, Dublin, by William Murphy

Bryant’s Maritime Consulting points us to an announcement. 

In its resolution 69/292 of 19 June 2015, the General Assembly decided to develop an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

To that end, it decided to establish, prior to holding an intergovernmental conference, a Preparatory Committee, to make substantive recommendations to the General Assembly on the elements of a draft text of an international legally binding instrument under UNCLOS, taking into account the various reports of the Co-Chairs on the work of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.

This raises a number of questions. Who establishes the rules? Who is going to enforce this? How will the enforcer (whoever it may be) deal with uncooperative flag states? If a perpetrator is caught, where will they be jailed? Who will try the crewmembers? The owners? Where wil they serve their sentence?

Considering the lack of success with enforcement of the ban on drift nets and China’s refusal to follow the decision of the Permanent Court of Arbitration’s decision regarding the South China Sea, is this just political theater? Or will someone step up and give, what I presume will be an agreement, some teeth?

UN mandates have authorized the use of force in the past. Could maritime law enforcement wear a blue beret?