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Trade Restrictions and RFMO Membership

Trade Restrictions and RFMO Membership. Elizabeth R. DeSombre Wellesley College. Trade Restrictions. As a form of limited entry As an incentive for RFMO membership. Fishing Outside of RFMOs. Questioning UNCLOS/FSA impact on its own Disaggregating IUU

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Trade Restrictions and RFMO Membership

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  1. Trade Restrictions and RFMO Membership Elizabeth R. DeSombre Wellesley College

  2. Trade Restrictions • As a form of limited entry • As an incentive for RFMO membership

  3. Fishing Outside of RFMOs • Questioning UNCLOS/FSA impact on its own • Disaggregating IUU • ~21.5% of fishing vessel registration by FOCs • Fishing by non-members significant • ICCAT: 10% • CCSBT (1999): 15%; later: 33% • IOTC: 10% • CCAMLR (1999): 67%+

  4. Common Elements in Trade Restrictions • Black lists/white lists • Catch documentation • Vessel monitoring system • Refusal to accept landing, import, or transshipment, of fish caught outside the system

  5. Specific RFMOs • ICCAT • Trade sanctions • Panama and Honduras joined ICCAT • Belize&SVG cooperated • Others changed specific behavior • CCAMLR • Toothfish prices: 2x price premium initially (later: up to 40%) • Decrease in toothfish catch (IUU: 21%) • New states joined CCAMLR (Namibia, Vanuatu); Belize began cooperating • Others (China, Mauritius, Seychelles) cooperating with CDS

  6. What About Trade Law? • No discrimination against like products • History of ruling against trade restrictions • But rulings lay out acceptable measures • WTO Secretariat has said ICCAT and CCAMLR measures are appropriate

  7. Relevance to this Workshop • Need full (or almost) participation for ITQs to work • There are those who will fish outside RFMOs • Trade restrictions may be a way to bring states in • But imperfect (always another flag, market)

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