Saturday, April 30, 2022

Schatz: Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs)

Valentin Schatz (Univ. of Hamburg - Law) has posted Ad Hoc Expert Panels: Regional Fisheries Management Organisations (RFMOs) (in Max Planck Encyclopedia of International Procedural Law, Hélène Ruiz Fabri ed., forthcoming). Here's the abstract:
Ad hoc expert panels are a means of the  peaceful settlement of international disputes [MPEPIL] ( Dispute;  Fisheries Disputes) in the framework of regional fisheries management organizations (‘RFMOs’) ( Fisheries, Commissions and Organizations [MPEPIL]). From the perspective of the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (1995) (‘UNFSA’), RFMOs are international organisations established by two or more States through  fisheries agreements [MPEPIL] for the purpose of, inter alia, establishing conservation and management measures (‘CMMs’) ( Marine Living Resources, International Protection [MPEPIL]) in a subregion or region for one or more  straddling and highly migratory fish stocks [MPEPIL] (Harrison, 2019, 84). As such  fish stocks [MPEPIL] are not confined to waters within national jurisdiction but are also present on the high seas ( Fisheries, High Seas [MPEPIL]), their conservation and management requires cooperation. Against this background, ad hoc expert panels may be placed in the broader context of both dispute settlement in the law of the sea ( Law of the Sea, Settlement of Disputes [MPEPIL]) and, more specifically, the settlement of international disputes to which international organisations are parties (see generally Wood, 2016, 387 et seq).