International Soft Laws against IUU Fishing for Sustainable Marine Resources: Adoption of the Voluntary Guidelines for Flag State Performance and Challenges for Taiwan

Abstract

Illegal, unreported and unregulated (IUU) fishing has become a key issue of increasing concern in the world. Led by the United Nations Food and Agriculture Organization (FAO), recent developments focused on the role of port states as the principal actor against IUU fishing. However, the FAO adopted the Voluntary Guidelines for Flag State Performance (the Guidelines) in 2013, implying that the principal role against IUU fishing still corresponds to flag states. As one of the leading distant-water fishing nations, Taiwan has adopted many domestic regulations in accordance with these international instruments voluntarily, regardless of its statehood debate. Although the adoption of the Guidelines is “a real breakthrough” against IUU fishing, the instrument is “soft law” in nature, meaning the implementation of the Guidelines may depend on the political will of states, and the effectiveness and efficiency of the Guidelines are thus highly questionable. Furthermore, the consensus among states to adopt a legally binding agreement on flag state performance in the near future, akin to the development of the Port States Measures Agreement that successfully evolved from a “soft law” to a “hard law” basis, is not yet clear.