The FAO Code of Conduct for Responsible Fisheries between Soft and Hard Law

Abstract

The Code of Conduct for Responsible Fisheries (the Code) was adopted by the FAO Conference at its 28th session on 31 October 1995 through Resolution 4/95. Throughout the various phases of its preparation the Code was never envisaged as a binding instrument. The FAO Committee on Fisheries (COFI) considered the Code as an instrument which could support the implementation of the 1982 United Nations Convention on the Law of the Sea and UNCED. Article 3, dealing with the relationship of the Code to international law ensures consistency between the provisions of the Code and other rules and instruments, binding and not binding. In conclusion, the Code neither adds nor subtracts binding effect to or from other rules of international law. It is a non-binding (soft law) instrument. Consequently, the principles it sets out have, as such, no compulsory effect and their violation does not entail State responsibility. Keywords: Code of Conduct for Responsible Fisheries; FAO committee on fisheries (COFI); international law; non-binding instrument; state responsibility