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Book (series)Treaties concerning the non-navigational uses of international watercourses - Europe
Traités concernant les utilisations des cours d'eau internationaux à des fins autres que la navigation - Europe/ Tratados sobre los uso de los cursos internacionales de agua para fines diferentes de la navegacion- Europa
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No results found.The present collection of treaties may be viewed as a contribution to a better knowledge of legally binding steps taken by countries in the European region towards the development, use and protection of the water resources of rivers and lakes common to two or more States. The information contained in this publication, in addition to being useful as specialized reference material, may also be a source of ideas for policymakers and decisionmakers in general, and governmental legal advisers and negotiators in particular, as they deal with the uniquely complex legal implications of developing, using and protecting water resources shared across international borders. -
Book (series)Regional fisheries bodies and their role in improving safety and decent work on fishing vessels 2022
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No results found.In 2021/2022, FAO studied the role of regional fishery bodies (RFBs) in promoting safety and decent work in fisheries under their mandates. Secretariats of thirty-seven regional fisheries management organizations and regional fishery advisory bodies representing inland and marine small-scale and industrial fisheries across the globe participated in a survey. The research showed that safety at sea is a priority for 51 percent of the RFBs. Thirty-five percent regard safety as important, but not a priority. Moreover, 38 percent of the RFBs surveyed consider decent working conditions a priority. Decent working conditions are important, but not a priority for almost 30 percent of the RFBs. The basic texts of RFBs provide the main legal basis for their mandate to work on safety and decent work in fisheries. Commission meetings and requests by members contribute substantially to RFB measures on these subjects. Management measures, especially for safety of observers, are often the entry point for work on safety and decent work standards by regional fisheries management organizations. The obligations of members under international fishing safety instruments also play a role. RFB secretariats support safety in fisheries through trainings and manuals (32 percent), awareness raising materials (32 percent), and recommendations and measures (24 percent). Most RFB secretariats noted that decent working conditions in fisheries have not been addressed or are not within the mandate of these organizations. Some RFBs however prioritize decent working conditions in fisheries. Since 2018, several RFBs have supported decent work and safety in fisheries through regional technical seminars organized by FAO in collaboration with the Apostleship of the Sea, International Maritime Organization and the International Labour Organization. These seminars aimed to address illegal, unreported and unregulated fishing, decent work and safety in fisheries. Knowledge of international fishing safety instruments is generally limited among RFB secretariats. The technical, financial and human capacity limitations within the secretariats impede their attention to safety and decent work. Many RFB secretariats recognize that development of action plans would be beneficial to integrate safety and decent work better in the management of fishing fleets under their mandates. FAO is supporting some RFBs with their action planning processes, with assistance from the European Commission DG Mare. -
DocumentReport of the IOTC Performance Review Panel 2009
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No results found.In response to calls from the intertiol community for a review of the performance of Regiol Fisheries Magement Organisations (RFMOs), the Indian Ocean Tu Commission (IOTC) agreed in 2007 to implement a process of Performance Review. The IOTC formed a Review Panel, consisting of an independent legal expert, an independent scientific expert, six IOTC Members and a non-governmental organisations observer, which concluded its report to the Commission in January 2009. The Panel’s review was based on the criteria developed as a result of a joint meeting of tu RFMOs, Kobe, Japan, 2007 and concentrated on the following issues: Adequacy of the Agreement for the Establishment of the Indian Ocean Tu Commission (IOTC Agreement) relative to current principles of fisheries magement, Consistency between scientific advice and conservation and magement measures adopted, ?? Effectiveness of control measures established by the IOTC; and Efficiency and transparency of fincial and administrative magement. KEY FINDINGS OF THE PERFORMANCE REVIEW PANEL I. The legal framework of the IOTC Agreement: The alysis of the legal text of the IOTC Agreement identified a series of gaps and weaknesses which can be summarized as follows: The IOTC Agreement is outdated as it does not take account of modern principles for fisheries magement. The absence of concepts such as the precautiory approach and an ecosystem based approach to fisheries magement are considered to be major weaknesses. The lack of clear delinea tion of the functions of the Commission or flag State and port State obligations provide examples of significant impediments to the effective and efficient functioning of the Commission. The limitation on participation to this RFMO, deriving from IOTC’s legal status as an Article XIV Food and Agricultural Organisation of the United Nations (FAO) body, conflicts with provisions of United Nations Fish Stocks Agreement (UNFSA) and prevents major fishing players in the Indian Ocean from discharging their obligations to cooperate in the work of the Commission. The IOTC relationship to FAO, most notably in the budgetary context, negatively affects the efficiency of the work of the Commission, with neither Members nor the Secretariat in full control of the budget. This also raises questions relating to the level of transparency in the Commission’s fincial arrangements. ????? The Panel recommends that the IOTC Agreement either be amended or replaced by a new instrument. The decision on whether to amend the Agreement or replace it should be made taking into account the full suite of deficiencies identified in the Review. II. The criteria-based alysis of the performance of the Commission: The alysis based on the Performance Review criteria highlighted numerous weaknesses in the workings of the Commission, of which the most important have been identified as: High levels of uncertainty The quantitative data provided for many of the stocks under the IOTC Agreement is very limited. This is due to lack of compliance, a large proportion of catches being taken by artisal fisheries, for which there is very limited information, and lack of cooperation of non-Members of the IOTC. The data submitted to the Commission is frequently of poor quality. This contributes to high levels of uncertainty concerning the status of many stocks under the IOTC mandate. Poor record of compliance and limited tools for addressing non-compliance Low levels of compliance with IOTC measures and obligations a re commonplace. The Commission to date has taken very limited actions to remedy this situation – there are currently no sanctions/pelties for non-compliance in place. Moreover, the list of illegal, unreported and unregulated (IUU) vessels applies to non-Members only. Special requirements of developing States Many developing States are experiencing serious capacity/infrastructure constraints which impede their ability to comply with their obligations, especially in terms of data collection, repor ting and processing. A number of developing States also lack appropriate scientific expertise and, even where such expertise is available, budgetary constraints limit their participation in Commission meetings, particularly those of the Scientific Committee and working parties. III. In light of these findings, and in addition to the specific recommendations made against each of the criteria, the Review Panel draws the Commission’s attention to the following overarching issues Uncertainty Address ing uncertainty in data and in the stock assessments is one of the most fundamental and urgent actions required to improve the performance of the Commission. This will require a variety of actions of which the most important are: application of scientific assessment methods appropriate to the data/information available, establishing a regiol scientific observer programme to enhance data collection for target and non-target species, and improving data collection and reporting capacity of developi ng States. Also engaging non-Members actively fishing in the area is of critical importance to addressing uncertainty. Equally important are developing a framework to take action in the face of uncertainty in scientific advice and enhancement of functioning and participation in the Scientific Committee and subsidiary bodies. Compliance It is imperative to strengthen the ability of the Compliance Committee to monitor non-compliance and advise the Commission on actions which might be taken in resp onse to non-compliance. Sanction mechanisms for non-compliance and provisions for follow-up on infringements should be developed. The Resolution on the establishment of the IUU list should be amended to allow for the inclusion of vessels flagged to Members. Special requirements of developing States Increased fincial support for capacity building should be provided to developing States. The Commission should enhance already existing funding mechanisms to build developing States’ capacity for data collection, processing and reporting, as well as technical and scientific capabilities. In this context, the possibility of establishing a special fund to facilitate participation in the Commission’s work, including subsidiary groups should be considered. Strengthening the Secretariat’s role/ability to undertake targeted capacity building should be explored.
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