Settling Disputes in Regional Fisheries Management Organisations: Dealing with Objections
Rosemary Rayfuse
Abstract
The essential purpose of Regional Fisheries Management Organisations is to provide an effective forum within which states can agree on fisheries conservation and management measures. Discussions on these measures are at the very heart of the work of rfmo s and can raise complex issues giving rise to disputes that may threaten to undermine the objectives of an rfmo, particularly where opt-out or objection procedures are invoked by parties seeking to avoid application of the measures. Jurisdictional hurdles to the resolution of disputes among rfmo members under Part xv of the 1982 Law of the Sea Convention, as seen in the Southern Bluefin Tuna, and Fisheries Jurisdiction (Spain v Canada) cases, are increasingly being overcome by the adoption by rfmo s of more comprehensive dispute settlement provisions which effectively incorporate Part xv requirements into their mandates. In addition, new and expeditious ad-hoc panel procedures are emerging in rfmo s to deal with the issues of opt-outs and objections. This chapter examines this emerging practice and assesses the efficacy of these procedures both in providing guidance to the states concerned and in strengthening the ability of rfmo s to conserve and sustainably manage the fish stocks under their control.