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Reinforcing the links between the law and Pacific fisheries' sectors

Reinforcing the links between the law and Pacific fisheries' sectors

RNZ News2 days ago

The Judicial Symposium 2025 opened on Wednesday in Honiara, bringing together Regional Chief Justices of Kiribati, Marshall Islands, Samoa, Solomon Islands and Tuvalu.
Photo:
Pacific Islands Forum Fisheries Agency
Justice experts and fisheries officials from throughout the Pacific are gathered in Honiara in Solomon Islands to discuss the importance of links between the two sectors.
According to the
Forum Fisheries Agency
(FFA), tuna fisheries is worth $2 to $3 billion per year in the national waters of its Pacific Island member nations.
The Judicial Symposium has the theme "Recent Developments in International Fisheries Law".
Solomons Chief Justice Sir Albert Palmer told the delegates the meeting is a platform "to reinforce our collective responsibility, deepen our regional legal coherence, and inspire judicial innovation in the face of emerging environmental and legal complexities."
The Parties to the Nauru Agreement Office oversees a successful model of fisheries management.
Photo:
Facebook/PNA Tuna
FFA director general Noan Pakop highlighted the importance of strong judicial systems in protecting the Pacific's tuna fisheries.
He said "too often, discussions on fisheries management emphasise the roles of scientists or negotiators. But it is our courts that deliver rulings which not only resolve disputes but also create enduring legal precedent."
"The law is the compass by which we navigate the stewardship of our ocean. And our judiciary is the anchor that ensures our course remains just, consistent, and resilient."
Delegates are exploring key international legal instruments such as the United Nations Convention on the Law of the Sea (UNCLOS), coastal and flag State obligations, enforcement challenges, responses to Illegal, Unreported and Unregulated (IUU) fishing, and climate change.
The FFA said the Judicial Symposium is part of its long-standing commitment to support robust legal and institutional frameworks in the region.

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ITLOS Judge Highlights Legal Duty To Strengthen Fisheries Enforcement At Judicial Symposium
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Press Release – Pacific Islands Forum Fisheries Agency The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability – the responsibility of a country to monitor and control the actions of fishing vessels it has registered – and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.

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Press Release – Pacific Islands Forum Fisheries Agency The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability – the responsibility of a country to monitor and control the actions of fishing vessels it has registered – and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.

ITLOS Judge Highlights Legal Duty To Strengthen Fisheries Enforcement At Judicial Symposium
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HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability - the responsibility of a country to monitor and control the actions of fishing vessels it has registered - and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.

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