In seeking to fulfill its mission, the International Maritime Organization (IMO) is dependent on the capabilities of its Member States. While flag States remain primarily responsible for ensuring compliance of their registered vessels with instruments adopted under that United Nations specialized agency's aegis, coastal States also play a competing but complementary role in the balance of jurisdiction over ships. In particular, the right to regulate the vessel's intent on visiting the port, or its presence therein, is often relied upon to account for the limitations of flag State enforcement. The capacity to act as a port State under international law is the basis for certain implementation mechanisms stemming from treaty provisions on port state control, as well as for innovative practices of port States, either collectively or individually. This chapter provides the reader with an overview of the role of port State jurisdiction in IMO law and practice, and the challenges that can arise in the complex relationship between port States and the IMO.
The profile of small-scale fisheries has been raised through a dedicated target within the United Nations Sustainable Development Goals (SDG14b) that calls for the provision of 'access of small-scale artisanal fishermen to marine resources and markets'. By focusing on access to fisheries resources in the context of the European Union, in this article we demonstrate that the potential for small-scale fishing sectors to benefit from fishing opportunities remains low due to different mechanisms at play including legislative gaps in the Common Fisheries Policy, and long-existing local structures somewhat favoring the status quo of distributive injustice. Consequently, those without access to capital and authority are faced by marginalizing allocation systems, impacting the overall resilience of fishing communities. Achieving SDG14b requires an overhaul in the promulgation of policies emanating from the present nested governance systems.
The use of the seas and oceans is generally regulated by the United Nations through the UN Convention on the Law of the Sea, which defines the rights and responsibilities. However, with the rapidly increasing use of the sea and oceans it is inevitable that conflicts may arise. Accordingly, there has been an increasing international recognition of the need to manage human activities that influence the marine environment and its ecosystems in an integrated, cross-sectoral manner. Recently, Maritime Spatial Planning (MSP) has gained significant attention as a new paradigm aiming at minimizing the conflicts among different sea uses through involving various stakeholders and sectors while aiming for sustainable growth. The aim of this research is to build a conceptual model for a Data Infrastructure to support marine space in a transnational context addressing the challenges related to the increasing use of marine areas and resources. The work was carried out in a close cooperation between several public authorities and research institutes in the Baltic Sea Region.
The Faroe Islands are currently struggling to find their feet in a new context of globalization and changing international requirements on fishery management best practices, as exemplified by United Nations protocols and agreements. We introduce the Faroese fisheries effort management system for cod, haddock and saithe, which represents an innovative attempt to tackle the challenges of mixed fisheries by means of a combination of total allowable effort implemented through days-at-sea and extensive use of closed or limited access areas. Subsequently, we present and discuss controversies concerning the system's ability (or lack thereof) to achieve a level of fishing effort that produces long-term sustainability. Over the years the system has proven able to evolve and overcome challenges, and the Faroe Islands are currently considering adding a proper fisheries management plan to the system to achieve fishing at maximum sustainable yield. However, finding support for this plan presents a challenge due particularly to an enduring gap between the perspectives of scientists and actors in the catching sector. Finally, we outline some actions that could be taken to reduce the gap and hence facilitate reform of the system: 1) integration of the consultative/advisory process; 2) obtaining tailor-made advice for the Faroese effort management system from the relevant scientific body; 3) establishment of a transparent mechanism for monitoring and regulating fishing effort; 4) clarifying the effectiveness of the prevalent system of closed areas.