نوع مقاله : علمی-پژوهشی
نویسنده
استادیار حقوق بینالملل دانشکدة حقوق دانشگاه قم، قم، جمهوری اسلامی ایران
کلیدواژهها
عنوان مقاله English
نویسنده English
The Regional Fisheries Commission (RFC) has posed four questions to the International Tribunal for the Law of the Sea (ITLOS) and requested an advisory opinion. Based on a dynamic interpretation of Article 21 of its Statute and Article 138 of its Rules, ITLOS opined that the authority to issue advisory opinions is not limited to its Seabed Disputes Chamber. This is the first time that the full bench of ITLOS has issued an advisory opinion. The present paper aims to analyze the substantive aspects of the sais advisory opinion and to this end, examine the tribunal's responses to the four questions posed by the RFC. The research method is descriptive-analytical. The paper’s findings indicate that in responding to the questions from the RFC, the tribunal emphasized the non-revocable nature of the flag state’s obligations in combating illegal, unreported, and unregulated fishing, clarifying the responsibility of the flag state to take appropriate actions against it, and highlighting the relationship between the management of marine living resources and the protection of the marine environment. The latter was previously noted in cases such as the Southern Bluefin Tuna, indicating its consolidation.
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