On 2nd April 2015, the International Tribunal for the Law of the Sea today delivered its Advisory Opinion on the Request submitted to the Tribunal by the Sub-Regional Fisheries Commission (SRFC) under article 138 of the Rules of the Tribunal.
This is the first time in the history of the International Tribunal for the Law of the Sea that an advisory opinion is being rendered by the full Tribunal.
On 28 March 2013, the SRFC submitted its Request to the Tribunal for an advisory opinion on the following questions:
1. What are the obligations of the flag State in cases where illegal, unreported and unregulated (IUU) fishing activities are conducted within the Exclusive Economic Zone of third party States?
2. To what extent shall the flag State be held liable for IUU fishing activities conducted by vessels sailing under its flag?
3. Where a fishing license is issued to a vessel within the framework of an international agreement with the flag State or with an international agency, shall the State or international agency be held liable for the violation of the fisheries legislation of the coastal State by the vessel in question?
4. What are the rights and obligations of the coastal State in ensuring the sustainable management of shared stocks and stocks of common interest, especially the small pelagic species and tuna?
In its Advisory Opinion, the Tribunal decides unanimously that it has jurisdiction to give the Advisory Opinion requested and that its jurisdiction is limited to the exclusive economic zones of the SRFC Member States. It decides by 19 votes to 1 to respond to the Request for an advisory opinion submitted by the SRFC.
The replies to the questions submitted by the SRFC as contained in the operative clauses of the Advisory Opinion are reproduced below: ....Continue Reading
