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UN Food and Agriculture Organization: Exercising Legal Personality to Implement the UN Convention on the Law of the Sea

  • Anastasia TelesetskyEmail author
Conference paper
  • 13 Downloads

Abstract

In the last several decades, intergovernmental organizations have played an increasingly significant role in implementing international treaties by providing innovative implementation proposals. The UN Food and Agriculture Organization (FAO) has been a core institution for improving international fisheries governance. This chapter proposes that based on a combination of delegated and derivative international organization powers that the FAO has responsibilities to implement actively those portions of UNCLOS that are relevant to the FAO’s mission to conserve natural resources. Even though FAO is not a party to the UNCLOS treaty, the FAO has played a central role in elaborating general concepts within UNCLOS and innovating in the area of fishery management. FAO has done this both as an agent of States but also independently through the exercise of FAO’s delegated powers to conserve natural resources. This chapter highlights five areas where the FAO has made substantive contributions to improving practices for sustainable fisheries management: (1) ecosystem approach fisheries management, (2) port state measures to combat illegal fishing, (3) guidelines to assist small-scale fisheries, (4) improved flag state performance in relation to fisheries and (5) facilitation of regional fisheries bodies. The Author proposes at the end that the FAO might be able to exercise its derivative powers to improve enforcement on the high seas with the possibility of FAO-organized enforcement efforts.

References

  1. Amerasinghe CF (2005) Principles of the institutional law of international organisations, 2nd edn. University Press, CambridgeCrossRefGoogle Scholar
  2. Ferrell J (2005) Controlling flags of convenience: one measure to stop overfishing of collapsing fish stocks. Environ Law 35:323Google Scholar
  3. International Court of Justice (1949) Reparation of or Injuries Suffered in the Service of the United Nations I.C.J. Reports 174Google Scholar
  4. International Tribunal for the Law of the Sea (2015) Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (2 April 2015), Case No. 21, Advisory OpinionGoogle Scholar
  5. Kelsen H (1951) The law of the United Nations. A critical analysis of its fundamental problems. Frederick A. Praeger, New YorkGoogle Scholar
  6. March J, Olsen J (1998) The institutional dynamics of international political orders. Int Organ 52(4):943–969CrossRefGoogle Scholar
  7. Meyers H (1967) The nationality of ships. Martinus Nijhoff, The HagueCrossRefGoogle Scholar
  8. Park S (2006) Theorizing norm diffusion within international organizations. Int Polit 43(3):342–361CrossRefGoogle Scholar
  9. Rama-Montaldo M (1970) The international personality and implied powers of international organisations. Br Yearb Int Law 44:111–156Google Scholar
  10. Schmerers H, Blokker N (2011) International institutional law. Brill, Leiden-BostonGoogle Scholar
  11. Weissburg G (1961) The international status of the United Nations. Oceana Publications, New YorkGoogle Scholar
  12. Westlund L, Zelasney J (eds) (2019) Securing sustainable small-scale fisheries: sharing good practices from around the world. FAO Fisheries and Aquaculture Technical Paper No. 644Google Scholar

Documents

  1. FAO (2003) Ecosystem Approach to Fisheries Guidelines, Technical Guidelines for Responsible Fisheries, No. 4, Suppl. 2. Available at http://www.fao.org/3/a-y4470e.pdf
  2. FAO (2005) Increasing the Contribution of Small-Scale Fisheries to Poverty Alleviation and Food Security, Technical Guidelines for Responsible Fisheries 10Google Scholar
  3. FAO (2009) Guidelines for the Management of Deep-sea Fisheries in the High Seas. Available at http://www.fao.org/docrep/011/i0816t/i0816t00.htm
  4. FAO (2009) The Ecosystem Approach to Fisheries, The Human Dimensions of the Ecosystem Approach to Fisheries, Technical Guidelines for Responsible Fisheries, No. 4, Suppl. 2, Add. 2. Available at http://www.fao.org/3/a-i1146e.pdf
  5. FAO (2011) International Guidelines on Bycatch Management and Reduction of Discards (2011). Available at http://www.fao.org/3/ba0022t/ba0022t00.pdf
  6. FAO (2015) Contribution to Part I of the Report of the Secretary-General on Oceans and the Law of the Sea, Sixteenth Meeting of the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea: “Oceans and Sustainable Development: Integrations of the Three Dimensions of Sustainable Development, Namely Environmental, Social and Economic”Google Scholar
  7. FAO (2015) Voluntary Guidelines for Flag State Performance. Available at http://www.fao.org/3/a-i4577t.pdf
  8. FAO (2015) Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (2015). Available at http://www.fao.org/3/a-i4356en.pdf
  9. FAO (2016), Fisheries, Aquaculture and Climate Change: The Role of Fisheries and Aquaculture in the Implementation of the Paris Agreement. Available at http://www.fao.org/3/a-i6383e.pdf
  10. FAO (2017) Basic Texts of the FAO (Volume 1). Available at http://www.fao.org/3/K8024E/K8024E.pdf
  11. FAO, (2016) The State of World Fisheries and Aquaculture. Available at http://www.fao.org/3/a-i5555e.pdf

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.University of Idaho, College of LawMoscowUSA

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