Page 238 - 《水产学报》2025年第8期

何妤如 水产学报, 2025, 49(8): 089319

serving existing market structures. It reduces a com- adoption, and the remaining eight allow for quali-
plex discourse embedded in competing representa- fied majority voting or resort to fallback to voting
tions of capital, governance, science, and nature into procedures when consensus cannot be reached.
a “grand compromises” among diverse actors. Consensus-based decision-making, while accommo-
Within RFMOs, sustainable developing discourse dating diverse interests in fisheries resource alloca-
displays through three distinct interrelated strands. tion, often compromises efficiency. This approach
The first is the dominant narrative promoted by dis- risks yielding “lowest common denominator” that
tant-water fishing States, using international legal perpetuate the status quo. Besides, decision-making
instruments and science to frame overfishing as a for consensus is further influenced by geographical
transboundary environmental crisis requiring or species-specific considerations, the openness of
regional coordination. Through this constructed dis- the organization, and multiple other factors. On the
course, historical fishing powers legitimize manage- other hand, qualified majority voting can facilitate
ment regimes that consolidate their privileged decision-making but may compel disagreeing mino-
access while restricting the participation of newer rities to accept unfavorable terms, potentially
fishing entrants, thereby preserving structural infringing on their high-seas fishing freedoms. To
advantages of incumbent fishing powers. The se- mitigate “majority tyranny” with the international
law’s consent principle, RFMOs incorporating
cond is the populist discourse championed by less
majority voting generally provide for opt-out or
developed coastal States to countering the former
objection procedures, subject to three procedural
narrative, which emphasizes principles of “inclus-
criteria: unconditional objection; objections requir-
ive decision-making”, the protection of local fish-
ing a formal statement of reasons, and conditional
ing communities’ socio-ecological systems; and the
objection that must be accompanied by alternative
sovereign rights over their EEZs (rights to self-
measures. If a sufficient number of members object
determination). Practically, this translates into
to a measure because they consider that their vital
demands for special exemptions and differentiated
interests have been jeopardized, the contested meas-
responsibilities in RFMO decision-making. Thirdly,
ure may become non-binding on all parties. A not-
there is an adaptive hybrid discourse under mini-
able example is the IOTC Resolution 23/02 on drift-
laterialism, whereby specific fisheries actors circu-
ing fish aggregating devices (dFADs), which passed
mvent the traditional multilateral frameworks via
via a slim two-thirds majority in a secret ballot.
flexible and informal mechanisms such as subre-
Subsequently, eleven members (Comoros, Oman,
gional organizations and inter-sessional meetings.
Kenya, Seychelles, Philippines, EU, France, Tan-
These mechanisms serve to consolidate collective
zania, Mauritius, Thailand, and South Korea)
bargaining power and enhance their negotiating
invoked their objection rights, citing scientific and
position within regional governance structures.
operational concerns, ultimately nullifying the res-
To fulfill their mandates successfully, RFMOs [36]
olution . However, the frequent use of objection
are in the position to establish efficient and equit-
procedures has drawn criticism for undermining
able decision-making procedures. The scale at
sustainable fisheries governance by enabling stra-
which voting is applied becomes a critical determin-
tegic delays and weakening collective action. This
[35]
ant of whether CMMs can be adopted . The con-
tension highlights the ongoing challenge in RFMOs
stitutive agreements of RFMOs reflect negotiated
to reconcile inclusive participation with decisive,
compromises among stakeholders, necessitating a
science-based management scales.

delicate balance between enacting strict CMMs and
3.3 Cooperation and contention in regional
ensuring general compliance. Among the sixteen
management frameworks
RFMOs/RFMA operating under the UNFSA frame-
work, eight require unanimous consensus for CMM The fluidity of power in scalar politics enables
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