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, unreported 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.Footnote 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 instruments, 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/refinement) 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’, Chapters 5-6). This collective practice could publicly detail states’ primary responsibilities and prompt developments in secondary standards for implementation, including greater due regard to objectivity, transparency and effectiveness in RFMO decision-making processes. Rosello's persuasive argumentation holds promise as being in the self-interest of states and undemanding in implementation when compared to other pressures on international fisheries law reform (e.g. climate change).
This book traverses international fisheries law, state responsibility, the law of treaties, and the development of a suitable conceptual accountability framework. Thus, each chapter includes an accessible introduction and contextualisation in existing literature to guide readers.
Asia's high seas fisheries and long-distance fishing fleets ensure this volume is pertinent to AsianJIL readers, especially considering the concerns expressed by some distant RFMOs and market states, as well as the case studies included in the book (Cambodia, p. 120). Interesting side arguments include identifying generally accepted international rules and standards (“GAIRS”) for fishing vessels (Chapter 3 and p. 188), although the unregulated high seas fishing component will arguably not fully diminish (e.g. stateless vessels). Finally, perhaps with some tweaking, one could ask if Rosello's thesis could apply to coastal state accountability? Here too the ‘IUU fishing’ concept utilises assumptions and obscurities that do not always reflect practice, such as presupposed consistent baselines, maritime claims, maritime feature entitlements and due publicity of outer limits or delimitation boundaries.
Competing interests
the author declares none.