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S&DT & EEZ Access Arrangements

S&DT & EEZ Access Arrangements. Marcos A. Orellana Director, Trade & Sustainable Development Program Center for International Environmental Law January 2008. Contents. Research & Consensus Legal Analysis: Findings S&DT Chair’s Text. Research & Consensus.

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S&DT & EEZ Access Arrangements

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  1. S&DT & EEZ Access Arrangements Marcos A. Orellana Director, Trade & Sustainable Development Program Center for International Environmental Law January 2008

  2. Contents • Research & Consensus • Legal Analysis: Findings • S&DT • Chair’s Text

  3. Research & Consensus • Government-to-Government Access Arrangement per se NOT a subsidy • Rules should introduce effective transparency requirements regarding Access Arrangements • Rules should not impede access payments on which many vulnerable economies depend

  4. Legal Analysis: Findings • Financial Contribution exists when a DWFN provides its fleet with access rights to fish in a foreign EEZ • Benefit is conferred where the DWFN fails to receive sufficient payment from its distant-water fishing fleet in exchange for the right to fish in a foreign EEZ • Case-by-Case analysis required to determine presence of a subsidy in a particular case

  5. Special & Differential Treatment • Exception to the Prohibition • Economic Dimension: safeguard payments to SIDS and other developing economies • Sustainable Development Dimension: EEZ goals of food security & sustainable development • Conditions attaching to the Exception • Environmental: Sustainability of stocks enhances food security and enables compliance with EEZ obligations • Transparency: Strengthens bargaining position of Coastal State • Transparency: Allows monitoring of biological status of the stocks

  6. Chair’s Text: Structural Pillars • Definition & Prohibition • S&DT: Exception & Conditions • Conditions: Transparency and Sustainability • Remedies: Burden of Proof

  7. Chair’s Text: Conditions • Conditions: Transparency & Sustainability • Transparency: Agreement made Public; Notification of Terms of Agreement; Reporting • Sustainability: Agreement reflect International Law on Fisheries & require and support Conservation Measures • Prior & Regular Science-based Stock Assessments • Management & Control Measures (e.g., VMS) • Vessel Registry • Reporting of effort, catches and discards to national authorities and to relevant international organizations • Other Measures as may be appropriate

  8. Chair’s Text: Conclusion • Strengths: Balanced & Nuanced • Conditions: Require AND Support conservation measures • Flexibilities: International Fisheries Instruments • Fishery Specific (in all likelihood) • Exception does not apply to High Seas Fisheries • Shortcomings • International Stocks not considered explicitly, but only indirectly by reference to international legal instruments • Who is responsible for monitoring & ensuring compliance with the terms of access arrangements? And what are the consequences in cases of non-compliance with the terms of access arrangements?

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