IUU Fishing as a Flag State Accountability Paradigm: Between Effectiveness and Legitimacy by ROSELLO Mercedes. Leiden: Brill Nijhoff, 2021. xxii + 227 pp. Hardback: €133.00, E-Book: €137.00. doi: 10.1163/9789004463219
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引用次数: 0
Abstract
On occasion, readers may judge a book by the resulting health of their stationary. The informative IUU Fishing as a Flag State Accountability Paradigm reframes the application of the oft-quoted, but elusive, inclusive, slippery — or even abused — concept of ‘ illegal, unre-ported and unregulated ( “ IUU ” ) fishing ’ , thereby providing plenty food for thought and a highlighter graveyard. Rosello focuses on the implementation of ‘ IUU fishing ’ in interstate discourse and for reasons detailed in Chapters 1 – 2, primarily questions of high seas fishing (broadly construed) and flag state responsibilities. This book is a refined version of Rosello ’ s doctoral manuscript (p. ix) and a continuation of her published expertise in international fishing law and the European Union ’ s external fisheries policy. 1 The IUU fishing compliance paradigm has greatly contributed towards the development and consolidation of international fisheries law and its institutions, most notably the role of Regional Fisheries Management Organisations or Arrangements ( “ RFMO/As ” ). RFMO/As provide an authoritative source of rules for states bound by commitments in binding instru-ments, and expectations for others not legally bound to act in a consistent manner. Rosello nonetheless highlights that the contemporary IUU fishing lens both obscures existing rules and responsibilities (inhibiting their further inclusive development/refine-ment) and inherits and/or amplifies existing legitimacy concerns in the decision-making processes of RFMOs. The latter affects the effectiveness and coherence of RFMO measures in addressing undesirable high seas practices. These shortfalls are identified as building blocks in Rosello ’ s thesis, but the book ’ s theme is clearly to offer a constructive proposal and solution to redirect market state and port state efforts towards an accountability mechanism that will produce shared interpretative and argumentative state practice ( ‘ interactional legal theory ’ Civilisation: A of of the