Innovation in the decision-making process of the RFMOs

Abstract

Throughout the last several decades, the Regional Fisheries Management Organizations (RFMOs) have become essential bodies for the management of the fisheries resources. However, the state of fish stocks that are fished in the high seas seem even more critical for some species. That situation put into question the functioning of the RFMOs where decisions adopted have not been stringent enough to tackle the overexploitation of many fish stocks. When states are establishing RFMOs’ conventions they have to fulfil their duty to co-operate while applying the principle of consent, a basic principle in international law. This has led states to setting up various decision-making processes within RFMOs. The paper shows that a better tailored decision-making process for RFMOs is needed so as to bring changes in them to comply with the objectives set out in the UN Convention on the Law of the Sea, i.e. maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield. With that aim, the analysis defines three principles to evaluate the effectiveness of the decision-making procedure in RFMOs; 1) blocking or opting-out behaviours constrained, 2) transparency in the objection procedure, 3) conservation and management measures, including the related dispute resolution process, adopted in a timely manner. In line with these three principles, after considering the example of 12 main RFMOs, the study concludes that among them, the South Pacific Regional Fisheries Management Organization (SPRFMO) has developed the most advanced and innovative decision-making mechanism.