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1. Maritime Issues in the Indo-Pacific: Building a Shared Vision of "Free and Open"

Author:
Nicholas Millward, Caitlin Doornbos, and John Bradford
Publication Date:
03-2020
Content Type:
Working Paper
Institution:
Pacific Forum
Abstract:
Pacific Forum, the Yokosuka Council on Asia Pacific Studies (YCAPS), and Tama University’s Center for Rule-making Strategies, with support from the US Embassy in Japan, organized a conference discussing maritime issues in the Indo-Pacific as they relate to the “Free and Open” concept. The event was hosted by the Center for Rule-making Strategies in Tokyo November 21-22, 2019. Approximately 35 senior officials, scholars, scientists, and security specialists attended in their personal capacity for an off-the-record discussion. The closed-door conference covered an array of maritime challenges including territorial conflicts, erosion of the rule of law, piracy and other criminal activities, unsustainable fishing practices, and environmental destruction. Synchronizing the efforts of uniquely qualified experts, this conference and its initiatives developed important messages for regional and global thinkers.
Topic:
Regional Cooperation, Navy, Maritime, and Fishing
Political Geography:
Japan, Asia, and Asia-Pacific

2. Developing Yemen’s Fishing Industry

Publication Date:
04-2020
Content Type:
Policy Brief
Institution:
Sana'a Center For Strategic Studies
Abstract:
The fishing industry in Yemen faces many structural challenges that have limited its production and potential contribution to overall economic output. Development of the industry’s infrastructure, human capacity and regulation was already poor prior to the outbreak of the ongoing armed conflict in Yemen. Since the war began five years ago the fishing industry has faced increased challenges, including a significant drop in the level of production with the displacement of many fishermen and associated workforce; fish processing plants halting production; surging fuel costs; the decline of local purchasing power leading to a drop in the local demand for fish products; and the disempowerment of the Ministry of Fish Wealth (MFW), among other challenges.
Topic:
Economics, Oceans and Seas, Economic Development, and Fishing
Political Geography:
Asia, Yemen, and West Asia

3. Fisheries and Brexit

Author:
Anand Menon, Catherine Barnard, John Connolly, and Arno Van Der Zwet
Publication Date:
06-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
Brexit has been a steep learning curve for all of us. It has forced us to wrap our heads around a number of issues – Article 50, statutory instruments, rules of origin, business motions in the House of Commons and the rest – with which we were, at best, only vaguely familiar. Fish and fisheries is another such issue. Absurd though it may seem, as the formal Brexit process reaches its endgame, fisheries might yet be the issue that determines whether the negotiations succeed or fail. Consequently, we at the UK in a Changing Europe have put together this short report to try to explain the basics about a sector that is frequently referred to yet rarely properly understood. The aim of what follows is to explain, as clearly and accessibly as possible, what is at stake in the negotiations over fisheries, what is being negotiated and what the implications of these talks might be for the sector.
Topic:
European Union, Brexit, Trade, and Fishing
Political Geography:
United Kingdom and Europe

4. Brexit and the consequences for fisheries management in the North Sea

Author:
Gordon Munro
Publication Date:
06-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
The North Sea is a very productive fishing area of great importance to surrounding coastal states Norway, the UK, Sweden, the Netherlands, France, Germany, Denmark and Belgium, with an average total harvest in recent years of slightly more than 1.8 million tonnes. This report explains why the cooperative management of the six shared North Sea fish stocks has been so stable to date and considers what lessons this success holds for the world at large. The report also speculates on the post Brexit management of these resources. The lessons learned from cooperative management over 40 years may well have an impact also on future cooperation between Norway, the UK and the EU27.
Topic:
International Cooperation, European Union, Economy, Brexit, Oceans and Seas, and Fishing
Political Geography:
United Kingdom, Europe, France, Germany, Belgium, Denmark, Sweden, and Netherlands

5. Brexit and the Union

Author:
Mary C. Murphy, Michael Keating, David Bell, Nicola McEwen, Michael Kenny, Jac Larner, Dan Wincott, and Kirsty Hughes
Publication Date:
02-2020
Content Type:
Special Report
Institution:
UK in a Changing Europe, King's College London
Abstract:
What challenges does leaving the European Union pose for the Unions of Great Britain and Northern Ireland? On 3 February the Centre on Constitutional Change launched their latest report, Brexit and the Union where their fellows discuss some of the issues Brexit presents for the UK’s territorial and constitutional future. This report looks at: Brexit and Ireland/Northern Ireland’s Constitutional Future The Internal Market Post-Brexit Regional Funds and Fisheries Arrangements Brexit: Exposing the Limits of Devolved Authority England’s Territorial Politics After Brexit Wales: Where Next? Brexit, Scotland and Europe
Topic:
Markets, European Union, Brexit, and Fishing
Political Geography:
United Kingdom, Europe, Ireland, Scotland, and Wales

6. From Fisheries Subsidies to Energy Reform under International Trade Law

Author:
Markus Gehring
Publication Date:
09-2018
Content Type:
Working Paper
Institution:
Centre for International Governance Innovation
Abstract:
Economic, environmental and other international regimes are jointly facing a wicked climate problem. Climate change impacts on human activity and ecosystems have the potential to jeopardize attaining shared goals of these different regimes, and yet can only be addressed by overcoming the division and occasional conflict between their different stakeholders and areas of focus. Discussions have begun in the hallways on how trade law could best be leveraged to bring the international community together to prevent climate-related harms. This paper argues that World Trade Organization (WTO) fisheries subsidies negotiations should be a priority area for those practitioners and researchers building links between trade and climate law. It is submitted that successful fisheries subsidies reform will directly contribute to the implementation of the Paris Agreement and to the delivery of Sustainable Development Goal (SDG) 13 (“Take urgent action to combat climate change and its impacts”), given the important synergies that exist between the transformation of fisheries subsidies and climate mitigation and adaptation. Furthermore, fisheries subsidies negotiations are of crucial importance for international climate law because they can provide a case study to learn from and increase chances of success with fossil fuel subsidy reform. This paper provides a brief historical overview of trade law negotiations aiming to reduce and reform fisheries subsidies, and shows the important synergies that exist between reforming fisheries subsidies and implementing the Paris Agreement as well as the SDGs. The paper then extracts five drivers for success that can be observed from the current process of fisheries subsidies reform: leadership of key countries and of the WTO Secretariat itself; meticulous academic, scientific and policy background analysis; commitment by civil society and the private sector; the development of alternatives to those subsidies that encourage overfishing; and inter-regime learning. Lastly, the paper discusses the transferability of these drivers for success to prevent climate harms and to address more general challenges encountered in both the climate and trade regimes.
Topic:
Climate Change, Environment, World Trade Organization, Maritime, and Fishing
Political Geography:
Global Focus

7. Combating Illegal Fishing in the Exclusive Economic Zone – Flag State Obligations in the Context of the Primary Responsibility of the Coastal State

Author:
Valentin J. Schatz
Publication Date:
11-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Illegal fishing in the Exclusive Economic Zones [EEZs] of developing coastal States is an urgent problem for the marine environment, global food security, and local economies. While past academic debate has predominantly focused on obligations of flag States to tackle so called IUU-fishing in the High Seas, the recent request for an advisory opinion submitted by the Sub-Regional Fisheries Commission to the International Tribunal for the Law of the Sea (ITLOS, Case No. 21) has drawn attention to the fisheries regime of the EEZ. This article argues that the primary responsibility for fisheries management in the EEZ rests on the coastal State and that, so far, flag States have no obligation under customary international law to exercise their jurisdiction and control over vessels flying their flag which fish in the EEZ of other States. The article first gives an account of coastal State regulatory and enforcement jurisdiction. It outlines recent developments of the law by drawing on the jurisprudence of the ITLOS, particularly the recent M/V “Virginia G” Case. Further, the article undertakes to identify potential flag State obligations to combat illegal fishing in the EEZ. To that end, it provides an in-depth analysis of relevant binding and non-binding legal instruments such as the 1982 UN Convention on the Law of the Sea, other multilateral treaties, bilateral fisheries treaties, and relevant soft-law instruments of the Food and Agriculture Organization of the United Nations. The article also discusses the relevance of principles of international environmental law. Next, the article analyzes the nature and scope of potential flag State obligations, qualifying them as obligations of due diligence. Finally, the article concludes that, de lege lata, no persuasive evidence of established flag State obligations exists. The author suggests that the situation should be remedied by a new, fully binding legal instrument.
Topic:
International Law, United Nations, Maritime Commerce, and Fishing
Political Geography:
Global Focus