Independent, Compulsory, and Centralized Verification of States’ Obligations in Fisheries: Can the IMO Audit Scheme for Shipping Law Be Used as an Example to Follow?

Abstract

Marine fisheries are in crisis. One of the causes of this problem is the inability or unwillingness of some states to abide by the international rules binding them. No comprehensive and compulsory mechanism exists to review states’ compliance with these obligations. This is in stark contrast with the shipping field, where International Maritime Organization (IMO) member states are regularly audited: the respect of their obligations as flag, coastal, and port states is assessed by external and professional auditors through a detailed procedure. Transposing at least some features of the IMO Audit Scheme, such as comprehensiveness, regularity, predictability, and centralization to the review of compliance with fisheries-related obligations would be highly desirable. While there may be challenges ahead – in particular when it comes to a mandatory scheme – there does not appear to be insurmountable issues to developing a comprehensive audit in the fisheries field.