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International Soft Laws against IUU Fishing for Sustainable Marine Resources: Adoption of the Voluntary Guidelines for Flag State Performance and Challenges for Taiwan

Author

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  • Tsung-Han Tai

    (Law School, Shandong University, Qingdao 266237, China)

  • Shih-Ming Kao

    (Graduate Institute of Marine Affairs, National Sun Yat-Sen University, Kaohsiung 80424, Taiwan)

  • Wan-Chun Ho

    (Law School, Soochow University, Taipei 100006, Taiwan)

Abstract

Illegal, unreported and unregulated (IUU) fishing has become a key issue of increasing concern in the world. Led by the United Nations Food and Agriculture Organization (FAO), recent developments focused on the role of port states as the principal actor against IUU fishing. However, the FAO adopted the Voluntary Guidelines for Flag State Performance (the Guidelines) in 2013, implying that the principal role against IUU fishing still corresponds to flag states. As one of the leading distant-water fishing nations, Taiwan has adopted many domestic regulations in accordance with these international instruments voluntarily, regardless of its statehood debate. Although the adoption of the Guidelines is “a real breakthrough” against IUU fishing, the instrument is “soft law” in nature, meaning the implementation of the Guidelines may depend on the political will of states, and the effectiveness and efficiency of the Guidelines are thus highly questionable. Furthermore, the consensus among states to adopt a legally binding agreement on flag state performance in the near future, akin to the development of the Port States Measures Agreement that successfully evolved from a “soft law” to a “hard law” basis, is not yet clear.

Suggested Citation

  • Tsung-Han Tai & Shih-Ming Kao & Wan-Chun Ho, 2020. "International Soft Laws against IUU Fishing for Sustainable Marine Resources: Adoption of the Voluntary Guidelines for Flag State Performance and Challenges for Taiwan," Sustainability, MDPI, vol. 12(15), pages 1-14, July.
    • Handle: RePEc:gam:jsusta:v:12:y:2020:i:15:p:6013-:d:390309
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    References listed on IDEAS

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    1. Jon Birger Skjærseth & Olav Schram Stokke & Jørgen Wettestad, 2006. "Soft Law, Hard Law, and Effective Implementation of International Environmental Norms," Global Environmental Politics, MIT Press, vol. 6(3), pages 104-120, August.
    2. Abbott, Kenneth W. & Snidal, Duncan, 2000. "Hard and Soft Law in International Governance," International Organization, Cambridge University Press, vol. 54(3), pages 421-456, July.
    3. Erceg, Diane, 2006. "Deterring IUU fishing through state control over nationals," Marine Policy, Elsevier, vol. 30(2), pages 173-179, March.
    4. Food and Agriculture Organization, 2013. "The State of Food and Agriculture, 2013," Working Papers id:5511, eSocialSciences.
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    Cited by:

    1. Iwao Fujii & Yumi Okochi & Hajime Kawamura, 2021. "Promoting Cooperation of Monitoring, Control, and Surveillance of IUU Fishing in the Asia-Pacific," Sustainability, MDPI, vol. 13(18), pages 1-23, September.

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