Newsletter – 2026
ADVISORY OPINION OF THE INTERNATIONAL TRIBUNAL FOR THE LAW OF THE SEA ON ILLEGAL, UNREPORTED AND UNREGULATED FISHING REQUESTED BY THE SUB REGIONAL FISHING COMMISSION
Illegal, unreported, and unregulated (IUU) fishing remains one of the main causes of ocean degradation. Its impacts are particularly severe for poorer countries, where food security and livelihoods largely depend on the sustainable use of marine resources. Illegal fishing alone is estimated to account for nearly one-fifth of global marine catches, with an annual value of around 23.5 billion dollars. West Africa is among the hardest-hit regions, with experts estimating that up to 37% of fish are caught illegally.
In this context, it is worth recalling that the Advisory Opinion issued by the International Tribunal for the Law of the Sea (ITLOS) represents a major step forward.
The first of its kind, it highlighted the responsibility of flag States, clearly established the principle of due diligence, and underlined the role of international organizations that grant fishing licenses. Although the legal responsibility of flag States had already been recognized, this Opinion has been welcomed as a decisive step in the global fight against illegal fishing.
It now leaves no ambiguity: States are required to take concrete actions to stop these “pirate fishers.”
For the member States of the Sub Regional Fishing Commission, which are regularly confronted with IUU fishing, this Opinion is a victory and provides a powerful legal tool. (Move up 2nd paragraph)
At the international level, it has paved the way for other requests before ITLOS, including those recently submitted on climate change (2023–2024).
The Tribunal also stressed the importance of cooperation among coastal States to protect shared fish stocks an essential condition for sustaining marine ecosystems and securing the long-term viability of local economies.
