Mbengue Y.S., Brehmer Patrice, Ly I. (2025). Proposal to the CSRP EM - Draft request for an advisory opinion to the International Tribunal for the Law of the Sea.
Dakar : CSRP, 9 p. multigr.
Titre du document
Proposal to the CSRP EM - Draft request for an advisory opinion to the International Tribunal for the Law of the Sea
Année de publication
2025
Type de document
Littérature grise
Auteurs
Mbengue Y.S., Brehmer Patrice, Ly I.
Source
Dakar : CSRP, 2025,
9 p. multigr.
This document highlights the pivotal role the CSRP (Sub-Regional Fisheries Commission)
can play by seeking an advisory opinion from the International Tribunal for the Law of the
Sea (ITLOS). This move would help secure the legal foundation for international regulations
that mandate the use of a monitoring system for all fishing vessels on the high seas.
To that end, we have formulated two questions for ITLOS. By clarifying the compatibility
of this obligation with both the freedom of the high seas and flag State jurisdiction, and by
establishing whether such a system constitutes "due diligence" for resource conservation,
the CSRP will not only more effectively combat IUU (illegal, unreported, and unregulated)
fishing, but also promote sustainable fisheries management. It will also solidify its
leadership as a key player in fisheries governance, while simultaneously promoting
increased flag State accountability and better harmonisation of maritime surveillance
efforts. In addition to these inquiries, we are submitting three further questions,
specifically concerning flag State jurisdiction within a coastal State's Exclusive Economic
Zone (EEZ) and the extent of its enforcement obligations. This only further strengthens the
ambition of this initiative.
