The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?

Barnes, Richard

Abstract

Regional Fisheries Management Organisations (RFMOs) facilitate international cooperation for the management of shared transboundary fish resources like tuna. However, RFMOs are challenged with dynamic interests which have slowed progress towards collective decisions on establishing key management measures such as harvest control rules and target and limit reference points. Private institutions like the Marine Stewardship Council (MSC), a third-party certification standard, have been introduced to incentivise the adoption of these and more measures. The role of MSC as a private institution is thought to work in a linear way – providing economic incentives for meeting its standards. However, based on a comparison of three RFMOs in the Indian, Pacific and Atlantic Ocean, this chapter shows how the MSC influences decision making in very different ways. In doing so we demonstrate different ‘pathways’ through which MSC has been used to create change at the RMFO level. The findings hold relevance for a wider understanding of how third-party certification contributes to change beyond market incentives alone.

Citation

Barnes, R. (2019). The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?. In J. van Erp, M. Faure, A. Nollkaemper, & N. Philipsen (Eds.), Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure (97-125). Cambridge University Press. https://doi.org/10.1017/9781108653183

• Acceptance Date: Jan 9, 2018
• Publication Date: 2019-03
• Deposit Date: Jan 21, 2018
• Publicly Available Date: Oct 1, 2019
• Publisher: Cambridge University Press
• Pages: 97-125
• Series Title: Cambridge Studies on Environment, Energy and Natural Resources Governance
• Book Title: Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure
• Chapter Number: 5
• DOI: https://doi.org/10.1017/9781108653183
• Keywords: Fisheries management; International law; Smart mix(es); Regulatory design principles; Adaptive governance
• Public URL: https://hull-repository.worktribe.com/output/551983
• Contract Date: Jan 25, 2018