After nearly eight years in the world of seafood, attending multiple events each year, it\u2019s rare that I walk into a room where I don\u2019t know or recognise anyone. But here I am, at the International Tribunal for the Law of the Sea (ITLOS) in Hamburg, in a room filled with people I don\u2019t recognise at all. Interestingly, they seem to know each other, so it\u2019s clear that I\u2019m the odd one out. I\u2019ve found myself at a two-day symposium on the \u2018Constitution for the Oceans\u2019, the UN Convention on the Law of the Sea (UNCLOS), 30 years after its entry into force (1994). It was fascinating to listen to scholars speak about Law of the Sea topics like the notion of a single continental shelf, etc., but as always: it was the topics strongly related to fisheries that really caught my attention. <\/p>\n\n\n\n
It brought me to a stark realisation: the seafood sector, which dedicates an increasing amount of time to discussing fisheries sustainability, doesn\u2019t talk about the role that governments and law must play in fisheries management often, if at all. Instead, a network of private mechanisms has emerged. And, by nature, private <\/strong>mechanisms cannot tackle the public<\/strong> root cause of the problem\u2014inadequate fisheries management systems that allow for overfishing, illegal fishing, and opaque ownership structures. Sure, there are situations where corruption (oh sorry: \u201cbad governance\u201d) makes government action insufficient. In those cases, private mechanisms could attempt to (temporarily) fill the gaps. What worries me, is the fact that reliance on private mechanisms may come at the expense of holding governments accountable. <\/p>\n\n\n\n By nature,\u00a0private\u00a0<\/strong>mechanisms cannot tackle the\u00a0public<\/strong> root cause of the problem\u2014inadequate fisheries management systems that allow for overfishing, illegal fishing, and opaque ownership structures.<\/p><\/blockquote><\/figure>\n\n\n\n States’ Primary Responsibility for Fisheries Management<\/strong><\/p>\n\n\n\n States have primary responsibility for managing marine natural resources. I don\u2019t consider this a personal opinion (although I do agree with it), but a legal fact. Governments worldwide agreed on this principle when they signed UNCLOS. Two key articles, Article 192 and Article 193, emphasise this. Article 192 states that \u201cStates have an obligation to protect and preserve the marine environment.\u201d Article 193 further reinforces this duty, acknowledging that States have the sovereign right to exploit their natural resources in accordance with their environmental policies, while still protecting the marine environment. <\/p>\n\n\n\n Then why do I feel like, in advocating for more focus on State responsibility, I’m making a statement? How I see it: I am a legal professional repeating the key elements of international Law of the Sea. <\/p>\n\n\n\n The Growing Role of International Collaboration<\/strong><\/p>\n\n\n\n I am not bringing this up as a complaint. I am bringing this up, because if there was ever a time to feel optimistic about international collaboration moving the needle for sustainability in fisheries, it\u2019s now. The WTO Agreement on Fisheries Subsidies was adopted in 2022 and currently has 90 of the needed 109 members accepting the Agreement. This means ill-directed subsidies are not prohibited yet, but knowing this Agreement came after 20+ years of negotiation, we certainly seem closer to the finish line than the starting point. Additionally, there is sight on addressing the conservation and sustainable use of resources in the High Seas thanks to the High Seas Treaty (also known as the BBNJ). Adopted in 2023, more State ratifications seem to be coming in every month to approach the required 60 State ratifications [High Seas Alliance\u2019s Ratification Tracker<\/a>]. <\/p>\n\n\n\n As the international framework around ocean governance and fisheries management continues to evolve, it\u2019s key that Civil Society Organisations (CSO) save enough time and energy to push States for ratification of agreements or treaties and on holding States accountable for the health of our marine environment.<\/p>\n\n\n\n If there was ever a time to feel optimistic about international collaboration moving the needle for sustainability in fisheries – it\u2019s now.<\/p>\n<\/blockquote>\n\n\n\n Why Holding States Accountable is the Only Sustainable Solution <\/strong><\/p>\n\n\n\n Given these developments, I believe we must pay closer attention to the role that States, their laws, and their policies play in establishing a more responsible fisheries sector. We are all doing the best we can, but we must acknowledge private efforts for what they are: complementary or temporary band-aid solutions that will never replace the role of States in fisheries management.<\/strong><\/p>\n\n\n\n I fully applaud companies that go above and beyond to ensure fair labour practices and worker grievance mechanisms. But that doesn\u2019t absolve governments of their responsibility to enact proper labour laws and enforcement thereof. Similarly, private mechanisms may be necessary to address the immediate shortcomings of fisheries management, but should they be the default? Probably not. Where adequate fisheries management systems are already in place, private mechanisms could play a supplementary role, but they are likely most successful in doing so if they build on existing fisheries laws and policies. Luckily, there are a number of private mechanisms that do this well. <\/p>\n\n\n\n Don\u2019t get me wrong – I don\u2019t blame private mechanisms for having shortcomings. States have unique tools at the fishery-level that the private sector cannot access, such as diplomacy and the authority to develop and ratify international agreements. Additionally, states hold formal membership in Regional Fisheries Management Organizations (RFMOs) and the FAO\u2019s Committee on Fisheries (COFI). These resources are crucial for fostering the international collaboration necessary for effective and sustainable fisheries management. By holding States accountable, we can make meaningful, long-lasting improvements in the health of our oceans and the future of our fisheries. I believe there is a great role to play for the seafood sector and its Civil Society Organisations to push for systemic change through public actions. Or, at the very least, pause to wonder: are we too busy treating symptoms to hold States accountable?<\/p>\n<\/div>\n<\/div>\n\n\n\n\n