Abstract

The operation of regional fisheries management organizations (RFMOs) may transform the high seas into mare clausum, by threatening the premise of the freedom of the high seas―equal access of all states to the high seas. This arises since the procedure to become a party to RFMOs prevents states from enjoying the freedom of fishing. Moreover, formal and substantive equality is not ensured in the decision-making process of RFMOs. However, in order to avoid this threat to mare liberum, RFMOs are making some efforts toward more rational and equitable management.

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