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|Other Titles:||Taiwan and Regional Fishery Management Organizations−The Legality of the 05-02 Recommendation of ICCAT against Taiwan as the Preceding Step of Trade Restrictive Measure|
Gau, Michael Sheng-Ti
|Issue Date:||2016-05-20 10:42:10 (UTC+8)|
The "Fish Laundering" activities conducted by vessels flying Taiwan's flag and by foreign vessels operated by Taiwan’s nationals in the Atlantic Ocean were detected by Japanese authorities in the mid-2004. Japan brought this to the attention of the International Commission for the Conservation of Atlantic Tunas (ICCAT) at its annual meeting of 2004 as a matter of non-compliance. At that meeting, Taiwan’s Fishery Agency was considered unable to effectively control its own fishing vessels. Consequently, Taiwan was identified under the 03-15 Resolution on Trade Restrictive Measures. The review done at the ICCAT 2005 annual meeting on Taiwan’s rectification progress was not satisfactory. As a result, the 05-02 Recommendation was adopted against Taiwan, as the preceding step of the ultimate trade sanction measure, whose adoption may be considered in the 2006 annual meeting. As the focus of this paper, the 05-02 Recommendation was closely reviewed by using as the yardstick the 03-15 Resolution, the practice of ICCA T relating to implementation of trade restrictive measures, and the related principles of the International Plan of Action to combat Illegal, Unreported, and Unregulated Fishing Activities (IPOA-IUU), adopted by FAO. Having applied these fundamental principles to the text of the 05-02 Recommendation, including its Annex, the author concludes that there is justification to challenge the legality of the 05-02 Recommendation. To substantiate his arguments, the author will discuss how the adoption of the 05-02 Recommendation violated the procedural rules embodied in the 03-15 Resolution and how the structure and content of this Recommendation goes against the foregoing principles. The breach of the principles of "fairness", "transparency", "nondiscrimination", and "trade sanction as the last resort" are also discussed.
|Relation:||法學評論, 99, 61-154|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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