Liability of international organisations for illegal, unreported and unregulated fishing

Indian Journal of International Law - Tập 55 - Trang 161-176 - 2015
Helmut Tuerk1
1Vienna, Austria

Tóm tắt

The paper discusses the Advisory Opinion of the ITLOS delivered on April 2, 2015. It evaluates the general question of the liability of international organisations for illegal, unreported and unregulated fishing in exclusive economic zones of third States under fisheries access agreements. The paper concludes that an international organisation, here the EU, is subject to the same legal regime as the flag State with respect to IUU fishing, provided that international organisation has made an undertaking in accordance with Annex IX to the UNCLOS to accept the rights and obligations of States under the UNCLOS in respect of matters relating to which competence has been transferred to the international organisation by its Member States which are Parties to the Convention.