A case note of the review of the objection by the Russian Federation to a decision of the Commission of the South Pacific Regional Fisheries Management Organisation (CMM 01-2023) (PCA Case No. 2023-33)

Abstract On 1 July 2023, a special review panel issued its findings and recommendations pertaining to an objection by Russia to a decision made by the Commission of the South Pacific Regional Fisheries Management Organization. This review mechanism is special in its legal design, exhibiting intriguing functions of both dispute prevention and dispute settlement. The present case note examines the procedural and substantive issues in this review, juxtaposing them with those in the previous two practices. The 2023 Review adhered to the jurisprudence provided in the previous two practices in general, and also introduced novel standards and considerations. This special mechanism has the potential to be an effective and cost-effective alternative procedure, capable of dealing with legal disputes that encompass scientific and policy dimensions while enhancing accountability of international organizations. It may also become an important source of inspirations in broader domains of international law other than fishery law.

Authors

Publication Details

Journal
Journal of International Dispute Settlement
Published
2025-03-14
DOI
https://doi.org/10.1093/jnlids/idaf008
Primary Topic
Arctic and Russian Policy Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

A case note of the review of the objection by the Russian Federation to a decision of the Commission of the South Pacific Regional Fisheries Management Organisation (CMM 01-2023) (PCA Case No. 2023-33)

Zengrui Lin
1 links
Journal of International Dispute Settlement
Arctic and Russian Policy Studies
article

A case note of the review of the objection by the Russian Federation to a decision of the Commission of the South Pacific Regional Fisheries Management Organisation (CMM 01-2023) (PCA Case No. 2023-33)

Zengrui Lin
article en

Abstract

Abstract On 1 July 2023, a special review panel issued its findings and recommendations pertaining to an objection by Russia to a decision made by the Commission of the South Pacific Regional Fisheries Management Organization. This review mechanism is special in its legal design, exhibiting intriguing functions of both dispute prevention and dispute settlement. The present case note examines the procedural and substantive issues in this review, juxtaposing them with those in the previous two practices. The 2023 Review adhered to the jurisprudence provided in the previous two practices in general, and also introduced novel standards and considerations. This special mechanism has the potential to be an effective and cost-effective alternative procedure, capable of dealing with legal disputes that encompass scientific and policy dimensions while enhancing accountability of international organizations. It may also become an important source of inspirations in broader domains of international law other than fishery law.

Journal of International Dispute SettlementVol. 16(2)
Openalex Percentile: Top 94%
Arctic and Russian Policy Studies
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