The Objection by the Republic of Ecuador to a Decision of the Commission of the South Pacific Regional Fisheries Organisation

Abstract

504Arbitration — Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, 2012 — Article 17 — Annex II — Allocation of fishery resources — Decision of the Commission of the South Pacific Regional Fisheries Organisation to allocate fishery resources — Objection to Commission decision by Ecuador — Whether decision of Commission unjustifiably discriminatory — Procedural discrimination — Substantive discrimination — Equivalent measures — Power of Review Panel to alter total allowable catch — Power of Review Panel to recommend extraordinary meeting of Commission of South Pacific Regional Fisheries Management OrganisationInternational organizations — South Pacific Regional Fisheries Management Organisation — Commission of the South Pacific Regional Fisheries Management Organisation — Decision of the Commission to allocate fishery resources — Discretion of Commission when allocating fishery resources — Interests of developing States when allocating fishery resources — Whether Commission decision to allocate fishery resources inconsistent with Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, 2012 — Whether Commission decision to allocate fishery resources unjustifiably discriminatorySea — Treaties — United Nations Convention on the Law of the Sea, 1982 — United Nations Fish Stocks Agreement, 1995 — Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, 2012 — High seas fishery resources — Regional fisheries management organizations — Interests of developing States when allocating fisheries resources — Conservation and management measures — Whether allocation of fisheries resources consistent with relevant treaties — Whether fishery resources within areas of national jurisdiction constituting a “reserve”