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RFBs, in general, have been ineffective in influencing the policies of their member states, despite the use of management and conservation "instruments" allocated by the UN Fish Stock Agreement (Role of RFBs, 1999). Therefore, any RFBs integrated through the treaty will be determined by the history of management practices and effectiveness. Otherwise we would advocate the creation of new RFBs.
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Regional Tribunals will correspond to the RFBs and will be an intermediary for the Tribunal established by LOS. The intention is for the Regional Tribunals to settle disputes more quickly and efficiently because boards will be more familiar with the region's conflicts. If a member chooses to appeal the Regional Tribunal's decision, or if a conflict is inter-regional, then the case will go the Tribunal.
The enforcement of this Treaty treaty to deter IUU practices is two-fold: disputes and suspicions of illegal activity are settled through the Tribunal system, while international enforcement to deter IUU fishing is the responsibility of member states. This Treaty calls for the implementation of regulatory fleets (similar to the U.S. Coast Guard) to patrol the EEZ of a member State. The Treaty treaty encourages the strict enforcement - enabled by GPS tracking - through boat confiscation and freezing of assets. On the high seas, it is any member State's responsibility to report illegal activity to the Tribunals of other member States. If a non-member is found to be defying the regulations outlines by this Treaty treaty or other UN laws relating to the seas, then it is the responsibility of each member State to stop all commercial agreements with this party (as per the aforementioned provisions of the Treatytreaty).
The Argument for a new Treaty
The current Law of the Sea and other maritime legislation governing the international community is simply not effective enough: if it were effective, then the Mission 2011 class would have researched an alternate topic. The current version of the Law of the Sea has been in effect since the early 1980s, but global fish consumption has not decreased, and the ecological degradation to the oceans has only worsened. New action is necessary to save the globe's largest natural resource. The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (in force as from 11 December 2001), which was passed at the United Nations Conference held from 1993-1995, calls for the conservation of fish stocks, one of our primary goals, through vague and insubstantial suggestions: Part II, Article V (an overview of the General Principles of the Agreement), calls for measures to "ensure long-term sustainability of... fish stocks," including protecting biodiversity, assessing the impacts of human activities and environmental factors, preventing overfishing, minimizing pollution and waste deposited in the oceans, adopting "conservation and management measures for species belonging to the same ecosystem or associated with or dependent upon the target stocks," collecting and sharing data on fish stocks in a "timely manner," promoting and conducting research to develop "appropriate" fishery technologies, and implementing and enforcing monitoring and surveillance measures to ensure compliance. This article and others like it in the Agreement and in LOS aim for the same general principles as Mission, but fail to require solid and definitive action.
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Our solution is innovative, integrating the newest research, fresh perspectives in international governance, and a true desire to save the oceans. This Treaty treaty is unique in that it attempts to ensure the welfare of the oceans, not just the fisheries.
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Nations with any interest in preserving a resource that billions of people depend on daily will be obligated to sign this document, as it is the only measure currently capable of addressing the global crisis. This Treaty treaty is modeled after science and policy currently being researched and implemented all over the world. In most cases, this Treaty simply improves upon the actions already being taken by states in an attempt to progress existing initiatives.
Additional incentive for member states to join is trade and economic benefits. Precedent shows that major fishing states, such as Japan, Russia, China, the European Commission, Iceland, Indonesia, India, the Maldives, and Malaysia (the United States is preparing to vote on the ratification of the LOS), support UN efforts to preserve the oceans. If these states also sign this Treaty agree to refrain from trade in illegally caught or unsustainably caught fish, which encourages nations with economic interests to sign.
Also important to consider is that proposed treaties are debated and modified in Convention, allowing for more international consensus. The Third Convention on Law of the Sea took nine years to complete, but made history (Koh).
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(1999). The Role of Regional Fishery Bodies in Conservation and Management of Resources. Food and Agriculture Organization. Retrieved 17 November 2007, from: http://www.fao.org/fi/website/MultiQueryAction.do?
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