The "genuine link" concept in responsible fisheries: legal aspects and recent developments
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The analysis of the origins of the genuine link principle in international law and its evolution with regard to relevant court decisions clearly shows the reluctance of certain states to consider the genuine link between a ship and its flag state as a precondition to the registration of vessels. This is even truer when the link is intended as an economic connection, based on the nationality of the beneficial owner of the vessel. As a result, the alternative to circumvent such a political impasse has been to focus on the main objective pursued by the negotiators of the 1958 High Seas Convention, when the term was first adopted, namely the exercise of effective jurisdiction and control over vessels by their flag state. Flag state responsibility and the duties arising therefrom were extensively provided for in the soft and hard international instruments adopted in the nineties to counteract IUU fishing and reflagging. More recently, complementary enforcement measures are being elaborated to enhance cooperation among states in the implementation of responsible fisheries management. International attention is now not only on the duties of flag states, but also on trade-related measures, port state control, state control over nationals and information retrieval and exchange. Of course, regional fisheries organizations have a key role in the adoption of these and other measures to achieve responsible fisheries.