The aim of this conference is both to clarify and to suggest new lines of thought on the opposability of cooperation regimes in the Pacific to third States in the field of conservation and management of marine resources and the protection of the environment.

 

The conference will explore the multiple facets of this crucial, though arguably understudied legal question, as it relates to the effectiveness of cooperation in this region. Whilst cooperation is today well established through a large number of treaty networks, in some cases supported by regional or universal international organizations (such as Regional Fishery Bodies or Regional Fishery Management Organisations), its effectiveness can nonetheless be hampered by third party rights. Indeed, the principal problem confronting nearly all regimes concerning conservation and marine environment protection relates to the freedom of the high seas as well as the principle of the flag State’s exclusive jurisdiction. Might it be possible instead to use the theory of objective regimes to conclude that international law authorises States of a region or a regional organization to play a quasi-legislative role, thereby creating obligations which are opposable erga omnes? Or should we consider the idea of “objective regimes” as an anathema, listening to the critics who suggest that regional fishery bodies are often “hijacked” by Western powers using them as protectionist tools? Analysis of recent developments in international law in this field is warranted, as is a study of the practical solutions in place, often at a regional level, to ensure effectiveness of these regional regimes as they relate to third States.

The subject matter of this workshop thus has mutually reinforcing practical and theoretical dimensions. Practitioners will be asked to present the situation in their respective fields, and academics to go beyond this often fragmentary approach to suggest new legal avenues aimed at reinforcing the effectiveness and efficiency of the multiple cooperation regimes in the Pacific.
 

Organising Committee
Professor Theodore Christakis (University of Grenoble )
Matthew Zagor (Australian National University)
Aurelie Buthod-Garcon (ANU/University of Grenoble)
 

To view the flyer for this event please see: Cooperation Regimes and Third Parties or please view the Full program