Sustainable utilization of marine fisheries in Sustainable Fisheries Partnership Agreements between the European Union, Madagascar and Senegal under international fisheries law.

Abstract

Sustainable Fisheries Partnership Agreements (SFPAs) ensure access of EU vessels to the marine fisheries of the Exclusive Economic Zone of developing countries. They play an important role in the economy of the developing countries through financial contribution. These agreements are subject to criticisms due to unsustainability of fish stocks in the maritime zone of developing countries. The questions which this paper explores are, to what extent do the SFPAs between EU, and Madagascar and the EU and Senegal incorporate and promote sustainable utilization of fish stocks? How can FPAs strengthen the duties of EU and aforesaid partner countries to ensure the sustainability of marine fishery resources? This paper finds that there are many challenges to implement sustainable utilization of the marine fisheries provisions through the agreements. Strengthening the Joint Committee to implement the SFPAs, effectiveness of the sectoral support, failure to incorporate the principles relating to sustainability and implementation provisions of rights and obligation of flag and coastal states referred by UNCLOS, Fish Stock Agreement and FAO Code of conduct for responsible Fisheries in the operative part of the SFPAs, failure in shaping effective fisheries policy of Senegal and Madagascar through sectoral support, ensuring participation of the EU in stock assessment and surplus determination, environmental protection and consideration of effective ex post and ante evaluation report can ensure the sustainable utilization of fish stock.