Trade measures for conservation of fisheries and third states: an evolutionary trend in international law

Over the last 2 centuries international law in relation to the law of the sea and fisheries has been progressively evolving. For a long time, general norms of international law, such as the principle of freedom of fishing in the high seas and the principle of pacta tertiis, have been immutable. The situation has drastically changed with the emergence of a modern approach to fisheries after the UNCED in 1992. Developments occurred ever since, most notably at regional level within RFMOs, attest to the existence of new norms. These norms mainly revolve around a duty of cooperation for all fishing States, including those that ar not Parties to RFMOs. Non Parties that fish in disregard of conservation measures in place are targeted through the adoption of trade measures against them. This recent practice might violate the legal framework established under the WTO. However, it seems possible to avoid conflicts between trade measures and the WTO by ensuring mutual supportiveness between environmental norms and trade norms. This ultimately demonstrates that trade measures against third States can be adopted and, consequently, the evolution of international law in relation to the law of the sea and fisheries.