The EU's failed attempt to innovate with Regulation 1026/2012

Cooperation is one of the cornerstones of the international fisheries regime. It requires States to work together for the conservation and management of the fisheries resources. This applies even stronger with respect to shared fisheries resources. However, negotiating a cooperative solution is not always easily achievable for the parties involved and the international regime does not provide for consequences in such cases. Faced with such a problem and seeking a new solution to it, the EU adopted Regulation 1026/2012, equipping itself with a framework for adopting measures against third countries. This innovative solution challenges certain aspects of the international duty to cooperate and its negotiations aspect. The EU's innovation has so far failed because it lacks clear international support and basis in the international regime. This failure exemplifies one of the limits of unilateralism for generating developments in international fisheries law.