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APPENDIX 3: SUMMARY INFORMATION RELATING TO DECISION-MAKING BY RFBS IN THIS REVIEW


RFB

Area of Competence

Membership

Organization

Observers

Decision-making by principal body

Objection

Dispute Settlement

GLOBAL

IWC
1946
47 members

Global, including factory ships. land stations and whale catchers under members’ jurisdiction and areas where whaling is prosecuted by such ships, etc.

Open to all States

Commission, committees, sub-committees

Accredited observers may be present at all Commission and Committee meetings except meetings of Commisioners - only and Finance and Administration Committee. Application 60 days prior to meeting of Scientific Committee.

Consensus where possible.

Amendments to Schedule by ¾ majority of voting Commissioners.

Other decisions, simple majority of affirmative/negative votes.

Measures binding in 90 days subject to objection, which may be taken where national interest seriously affected.

May be made within 90 days. Then additional objections within further 90 days or 30 days from last objection during this time, whichever is later.

No

TRANS-OCEAN

CCAMLR
1980
24 members

Southern Oceans

Open to States interested in research or harvesting activities re living marine resources of Area, REIO

Commission, scientific committees, standing committees, working groups.

Subject to Rules, members may object.
May submit documents under conditions.

Consensus on matters of substance. Others by simple majority of present and voting.

Show of hands, or by request roll call or secret ballot.

Between meetings, post or other communications.

Measures binding in 180 days subject to objection.
May be made within 90 days.
Then any Member may request meeting to review measure. At or within 30 days following meeting any Member can declare non-acceptance and is not bound.

Consultation, then referral to ICJ or aribtration to tribunal constituted according to CCAMLR rules.

REGIONAL

GFCM
1949
24 members

Mediterranean and Black Seas, inter-connecting waters

Open to Members, etc. of FAO and REIO

Commission, committees, sub-committees, working groups

Rules provided by FAO Constitution and Rules of Procedure.

Simple majority, but 2/3 of members must be present and voting on conservation and management measures. Otherwise a majority of members constitutes quorum.

May be made within 120 days. Then additional objections in further period of 60 days.

If more than 1/3 members object, other members not obligated to give effect.

Commission, then referred to committee of three as specified, then referral to ICJ or arbitration.

IBSFC
1978
6 members

Baltic Sea and the Belts

Open to States interested in preservation and exploitation of living resources in Area, REIO

Commission, committees

Subject to Rules, application by qualified IGOs, NGOs, 65 days prior to meeting containing required information.

Members may object, then written vote taken.

Statements, document distribution at Chair’s invitation.

If no consensus, decisions by 2/3 majority of members present and voting. Entry into force of any recommendations on areas under national jurisdiction of members depends on affirmative vote of member.

May be made within 90 days. Then, additional objections in a further period of 60 days.

If 3 or more members object, no member is bound.

Notice of termination of acceptance by member one year after entry into force. Measure non-binding on member after further year. Then any other member can terminate acceptance, effective 30 days after notification.

No

NAFO
1978
18 members

“Regulatory Area": that part of the Convention Area in Northwest Atlantic Ocean lying beyond the areas under the fisheries jurisdiction of Coastal States

Open to participants in fisheries of Regulatory Area, decided by General Council, REIO

Fisheries Commission,
General Council, Scientific Council, standing committees, working groups

Executive Secretary may invite qualified IGOs or NGOs.

Application 100 days prior to meeting, with specified information.

Members may object, then written vote taken.

Statements, document distribution at Chair’s invitation.

Fee is required.

Majority of votes of members present casting affirmative or negative votes, voting requires quorum of 2/3 of the members.

Scientific Council determines scientific advice by consensus; if no consensus, all views are reported.

Measure becomes binding at the end of the objection period, except for those objecting.

May be made within 60 days. Measure will not become binding until 40 days after objection. Other members may object during the 40 days, or within 30 days from notification of objection, whichever is later.

Proposal non-binding if at end of extended objection period a majority of Commission members object, unless otherwise agreed.

Notice of termination of acceptance by member one year after entry into force. Measure non-binding on member after further year.

No

NEAFC
1980
6 members

Northeast Atlantic as defined by Convention

Open, provided ¾ of members approve, except to a member of EEC (EC is a member)

Commission, committees, working groups


Simple majority, or where qualified majority required a 2/3 majority of members present and casting affirmative or negative votes. Quorum of 2/3 members required for voting.

Emergency vote by post or other means of written communication in accordance with Rules of Procedure.

Binding on date determined by Commission, not less than 30 days after expiration of objection period.

May be made within 50 days. Then other member may object within 40 days of notice of objection. Then additional 40 day period for further objections.

Recommendation not binding on objecting member. If 3 or more members object, it is not binding on any member.

No.

The Working Group on the Future of NEAFC is considering this issue.

SEAFO
2001
9 members

All waters beyond national jurisdiction in Convention Area.

Open to coastal States and other States and REIOs whose vessels fish or fished during four years preceding adoption of Convention.

Commission, Scientific Committee, Compliance Committee

Rules of Procedure to be adopted for observer and transparency in the activities of the Organization.

They are not to be unduly restrictive and must provide for timely access to records and reports, subject to procedural rules.

Consensus on matters of substance. Others by simple majority of present and voting.

Binding on all members 60 days after notification, unless otherwise specified.

Non-acceptance may be made within 60 days, with written explanation of its reasons and as appropriate proposals for alternative measures it will implement. If non-acceptance, Commission must meet at request of any member to review measure. At time of meeting and 30 days after, any member may notify non-acceptance and not be bound.

Procedures for interim measures following non-acceptance notifications.

Consultation between parties.

Where technical dispute, reference to ad hoc expert panel.

Where dispute not resolved in reasonable time, must be submitted for binding dispute at request of any party.

SPECIES

IOTC
1993
20 members

Indian Ocean and adjacent seas

Members and associate members of FAO within Area or whose vessels fish for stocks covered by Agreement, REIOs. Commission may admit other States by 2/3 majority of members

Commission, Scientific Committee, Sub-Commissions

Agreed criteria for observer States.

IGOs and NGOs having special competence in the field of activities of the Commission may be invited to attend such meetings as the Commission may specify.

Majority of members present and voting, a majority of the members constitutes a quorum.

Except binding management measures require a 2/3 majority of members present and voting.

Recommendations concerning conservation and management of the stocks require a simple majority of members present and voting.

May be made within 120 days.
Then other members may object within 60 days after the 120 day period has passed.

Members objecting to measure not bound.

If more than 1/3 members object, none is bound, but may still give effect to the measure if they wish.

If not settled by Commission, referred to a conciliation procedure to be adopted by the Commission.

It may be referred to the ICJ unless parties agree otherwise.

IATTC
1949
13 members

Eastern Pacific Ocean

Any government whose nationals participate in the fisheries covered by the Convention may be a member

Commission Scientific Advisory Board, Advisory Committee, National Sections

Invitations sent to: non-member States bordering Area or whose nationals participate in fisheries;

IGOs who have regular contact with or whose work is of interest to IATTC; other organizations with a legitimate interest, subject to requests made 120 days before meetings and prior approval of members.

Observers may speak at meetings providing no objection, prior approval for circulation of documents.

All decisions and resolutions are taken by unanimous approval through votes of all members.

Unanimous vote requirement prevents the occurrence of objections.

None, as unanimous vote requirement prevents the occurrence of disputes.

ICCAT
1966
36 members

All waters of Atlantic Ocean, including the adjacent seas

Any member of the UN or Specialized Agency, REIOs

Commisson, Council, panels, committee, standing committees, sub-committees, standing committee groups, permanent working group, special working groups


Majority of the members, with a quorum of two thirds of the members. Votes may be taken by show of hands, roll call, secret ballots.

In cases of necessity, votes may be taken between meetings by mail.

Voting rights may be suspended if the member is in arrears in an amount that equals or exceeds the contributions due for previous two years.

Recommendations effective six months after notification, unless objection.

If a member objects within six months the recommendation does not become effective for an additional 60 days.

Then, another member may object during the 60 days and another member may object within 45 days of the first objection or the expiration of the 60 days, whichever is later.

The recommendation becomes effective at the end of the extended period(s) of objection except for the objecting members.

Except if only one or less than ¼ or the members object, the objection has no effect. Then the member(s) have an additional 60 days to reaffirm their objection. At the end of that time the recommendation is effective except for the member(s) objecting and reaffirming.

If a majority of members object, the recommendation does not become effective.

No.

NASCO
1982
7 members

Salmon stocks that migrate beyond fisheries jurisdiction of coastal States of a specified area of the North Atlantic Ocean

Any State that exercises fisheries jurisdiction in the North Atlantic or is a State of origin for salmon stocks provided Council approves, REIO

Council, geographic commissions committees working groups

IGOs may attend meetings and be invited to make a statement.

For NGOs, objective of NGO must be compatible with NASCO’s. Must apply at least 15 days prior to meeting, no more than two representatives may attend meeting of Council and Commission. Statements according to rules. Accreditation does not apply to meetings of working groups or committees.

Council decisions taken by ¾ majority except unanimous decisions required for some decisions including scope and form of statistics to be provided and amendments to the Convention.

Decisions of each Commission are taken by unanimous vote of those present and casting an affirmative or negative vote.
The quorum is 2/3 of those entitled to vote.

Measure is binding 60 days after date in notification or at a later date determined by Commission.

Objection may be made within 60 days of date specified in notification by a member in whose jurisdiction a measure would apply. The regulation is then not binding on any member.

If an objection is withdrawn, the measure becomes binding 30 days later.

Notice of termination of acceptance of measure may be made one year after it became binding. It will cease to be binding 60 days later, or at such later time as member may specify.

But emergency regulatory measures may be established with effect prior to the expiration of the 60 day period.

No


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