Decision-making.

Abstract

AbstractThis chapter discusses the aspects of the decision-making process associated with management of straddling fish stocks and highly migratory fish stocks by regional fisheries management organization (RFMOs). Topics in the chapter include the nature of RFMO prescriptive authority; State sovereignty and flag-State responsibility; RFMO practices in decision-making (voting, unanimity, consensus); RFMO opt-out provisions including efforts made to qualify RFMO objection procedures; and decision-making processes adopted by RFMOs. Some of the new principles introduced under UN Fish Stocks Agreement (UNFSA) that qualify how decisions are made to ensure that fisheries are managed in a sustainable and coherent manner throughout the geographic range of the harvested species are highlighted. The chapter concludes with a brief discussion of peaceful settlement of disputes including compulsory and binding dispute resolutions as provided for in the UNFSA and United Nations Convention on the Law of the Sea (LOSC), and how RFMOs have adopted and used these principle settlement mechanisms.