This paper explores issues relating to the process of allocating participatory rights in RFMOs, especially
Executive SummaryDeveloping an allocation scheme for distributing rights amongst fishing nations is a key issue in the development of stable cooperative arrangements to exploit international fish resources. Allocation within regional fisheries management organisations (RFMOs) is generally based on the historical catches of parties to the RFMOs. However, as membership of RFMOs increases and pressure to allow additional countries, particularly coastal developing countries, to participate meaningfully in international fisheries intensifies, there is increasing policy attention being paid to the issue of allocation of rights in RFMOs.A great deal of effort has been devoted to finding a durable solution to the allocation question, both at the theoretical and at the applied level. Some of this effort has focused on the insights from game theory to identify the key factors underlying cooperative solutions. The basic requirement to promoting agreement amongst States is to ensure that no State is worse off in acting cooperatively than in acting inconsistently within an international cooperation framework. In the case of international fisheries, agreements must be self-enforcing to be stable as there is no third party to ensure enforcement of the agreement. Issues such as perceptions of fairness and equity in the initial allocation, new entrants, free-riders, optimal resource management in a multilateral setting, enforcement, and side payments (or "negotiation facilitators") have attracted much attention. This paper explores issues relating to the process of allocating participatory rights in RFMOs, especially in those cases in which one or more fisheries remain unallocated, and is intended to stimulate discussion among policy makers on possible policy directions in such situations without directly or indirectly evaluating existing allocation schemes. The paper reviews the international legal framework governing international fisheries, the economic issues underlying allocations, and the current state of play in the allocation regimes in RFMOs. A broader perspective on the allocation issue is provided by examining the experiences of other resource sectors that have wrestled policy challenges similar to those confronting international fisheries in allocating participatory rights amongst current and potential participants -water resources; and greenhouse gases -to see if they offer any transferable insights on the issue.The review of allocation experiences in other sectors provides a number of possible avenues that could be usefully explored in the debate on the allocation process in RFMOs. While, there is no unique solution due to the varied nature of RFMOs, there are sufficient common elements across RFMOs that allows some broad policy questions to be raised. Underlying these options is the question of whether there is a need for flexible mechanisms to achieve RFMO goals on participation and agreed process...