The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction—Commentary On Rosemary Rayfuse

Abstract

Compliance and enforcement are critical issues as the oceans are being degraded, the fisheries depleted and biodiversity increasingly lost. The two issues should be distinguished. Professor Rosemary Rayfuse has outlined the general issues involved in State compliance and enforcement of rules and regulations in areas beyond national jurisdiction (ABNJ), as well as the detailed measures in the field of international fisheries and to some extent ocean dumping. This chapter describes the measures taken to promote compliance and enforcement in the regime relating to international shipping adopted in the context of the International Maritime Organization (IMO). The International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) implemented IMO's first effort in evaluating member States' implementation of their treaty obligations. There are currently nine Memoranda of Understanding (MOUs) on Port State Control (PSC) covering most of the world's oceans. Keywords: areas beyond national jurisdiction (ABNJ); enforcement gaps; international maritime organization (IMO); port state control (PSC); Rosemary Rayfuse; STCW