As the Judicial Symposium 2025 just wrapped up in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS).
In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address IUU fishing and uphold obligations under international law.
Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability – the responsibility of a country to monitor and control the actions of fishing vessels it has registered – and cooperation on the conservation of shared fish stocks.
The Judicial Symposium was attended by judicial representatives from eight FFA Members – Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu.
‘The standard of due diligence has to be more severe for the riskier activities,’ Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs).
‘The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ.’
She stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards.
‘A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.’
She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations.
Drawing from ITLOS advisory opinions, Judge Brown also discussed the legal obligations of flag States when their vessels violate coastal State laws, the duty of States to consult and cooperate on shared tuna stocks and migratory species, the extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members, and the recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility.
She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm.
‘States have the obligation to protect and preserve the marine environment,’ she said, citing UNCLOS Article 192.
Judge Brown’s address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry.
