ENB:07:39
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SECTION VII -- NON-PARTICIPANTS IN SUBREGIONAL OR REGIONAL ORGANIZATIONS OR ARRANGEMENTS
China suggested that paragraph 40 be amended to encourage non-member States to abide by the conservation and management measures that are taken by the regional arrangement since, under the Vienna Treaty, a State is not bound if it is not a party. Canada answered that the duty to cooperate in conservation and management measures stemmed from existing international customary laws and UNCLOS. Peru added that the Chinese amendment would undermine the effectiveness of the agreement.
Norway, supported by Canada and Peru, proposed amendments that would reinforce coastal State enforcement against both parties and non-parties of an eventual convention. Non-parties should be encouraged to adhere to the convention and adopt laws and regulations consistent with its provisions. Parties should cooperate in a manner consistent with the convention and international law and exchange information on activities of vessels flying the flag of non-parties that undermine conservation and management measures. The EU, supported by Poland, warned against extending coastal State enforcement jurisdiction. Canada reminded the EU that mutual rights must be respected. Japan suggested that the phrase "within the framework of the organization" be added.
On paragraph 43, which deals with the activities that States can undertake to discourage undermining actions of non-members, Panama, supported by Canada and the EU, suggested that the words "in accordance with international law" be added at the end. Indonesia disagreed. The EU argued, and Mexico and Korea agreed, that the actions to be taken should be collective. Consequently, the word "individually" should be deleted. Peru, supported by Iceland, disagreed with this suggestion since it would virtually prevent coastal States from taking any action. Argentina agreed and suggested that if "individually" was deleted, "collectively" should also be taken out. Canada and Poland agreed.
With regard to paragraph 42 on the exchange of information, the Russian Federation proposed that member States exchange information on the activities of non-parties whose activities undermine the measures that the organization has taken.
The representative of the Canadian Oceans Caucus reiterated the need for an international conservation body to oversee and ensure implementation of legally-binding standards and systems. She also suggested that "fishers" and "fisherfolk" be substituted for "fishermen."