The Practice of the Concept of Fishing Entities: Dispute Settlement Mechanisms

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Abstract:

Although the term and concept of fishing entities is in the 1995 U.N. Fish Stocks Agreement (UNFSA), it is through the regional fishery management organizations (RFMOs) that fishing entities may receive benefits and rights to fish and other matters. Three RFMOs (the Commission for the Conservation of Bluefin Tuna (CCSBT), the Inter-American Tropical Tuna Commission (IATTC), and the Commission on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC)) have gone through the process of either amending or redrafting their constituent instruments or adopting a specific resolution for the purposes of implementing the UNFSA. This paper reviews how and to what extent these three RFMOs have incorporated fishing entities into the constituent instruments by examining the various mechanisms for settling disputes involving fishing entities.

Keywords: CCSBT; IATTC; Taiwan; WCPFC; dispute settlement; fishing entities; fishing entity; regional fisheries management organization (RFMO)

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/00908320600632157

Affiliations: School of Law, Soochow University, Taipei, Taiwan

Publication date: April 1, 2006

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