scholarly journals Engaging Asian States on Combating IUU Fishing: The Curious Case of the State of Nationality in EU Regulation and Practice

2021 ◽  
pp. 1-27
Author(s):  
Arron Nicholas Honniball
Keyword(s):  
European Union ◽  
International Law ◽  
The State ◽  
The European Union ◽  
Legal Certainty ◽  
Identification Procedure ◽  
Eu Regulation ◽  
Iuu Fishing ◽  
Global Action ◽  
The Eu

Abstract Global common concerns – including combating illegal, unreported and unregulated (IUU) fishing – necessitate effective global action to avoid displacing illegal practices to under-regulated jurisdictions. The response in international law has therefore included the obligation upon all states to exercise jurisdiction, albeit with varying clarity regarding the existence and scope of duties for each jurisdictional basis. This article argues that, through its non-cooperating third country identification procedure, the European Union (EU) has sought unilaterally to crystalize and promote the implementation of an obligation upon states to exercise extraterritorial active personality-based jurisdiction over their own nationals engaged in IUU fishing. This is demonstrated through an analysis of EU practice relating to Asian states and remains true despite the EU's non-cooperating third country identification procedure only formally targeting flag, port, coastal, and market states. The EU and Asian states have improved their laws governing nationals engaged in IUU fishing, but concerns over legal certainty arise.

Multilateral Hot Pursuit and Illegal Fishing in the Southern Ocean: The Pursuits of the Viarsa 1 and the South Tomi

2004 ◽  
Vol 19 (1) ◽  
pp. 19-42 ◽  
Author(s):  
Erik Jaap Molenaar
Keyword(s):  
Southern Ocean ◽  
International Law ◽  
The South ◽  
Illegal Fishing ◽  
Iuu Fishing ◽  
State Practice ◽  
Considerable Problem ◽  
Fisheries Regulation ◽  
High Seas

AbstractIllegal fishing for toothfish (Dissostichus spp.) in the maritime zones around sub-Antarctic islands in the Southern Ocean has been a considerable problem for many years. Enforcement of fisheries regulation is problematic as the remoteness of these islands has enormous logistic and financial implications. Multilateral hot pursuit, meaning hot pursuit involving pursuing vessels, aircraft or officials with different nationalities, can contribute to making enforcement, and thereby regulation, more effective. The article discusses the hot pursuits of the South Tomi and the Viarsa 1 in the context of applicable international law and state practice. Some of the conclusions are that these types of hot pursuits are not inconsistent with Article 111 of the LOS Convention, that they do not erode the freedom of the high seas or affect the LOS Convention's jurisdictional balance and that they are fully consistent with the objectives of the IPOA on IUU Fishing.

scholarly journals Oceans, IUU Fishing, and Climate Change: Implications for International Law

2020 ◽  
Vol 22 (3-4) ◽  
pp. 377-388
Author(s):  
Christina Voigt
Keyword(s):  
Climate Change ◽  
International Law ◽  
Integrated Management ◽  
Marine Species ◽  
Fish Stocks ◽  
Iuu Fishing ◽  
Adverse Impacts ◽  
Migratory Routes ◽  
Impacts Of Climate Change

Abstract Illegal, unregulated and unreported (IUU) fishing poses a significant threat to marine fisheries and biodiversity only outpaced by the projected impacts of climate change and greenhouse gas emissions. Ocean warming might affect fish stocks, their health and migratory routes. Ocean acidification and de-oxygenation are another two phenomena that might affect certain marine species as well as entire marine ecosystems. Rebuilding of overexploited and depleted fisheries and managing fisheries sustainably will require comprehensive governance structures for port, flag, coastal and market states, which also address the causes and impacts of climate change. Addressing those concerns could open for opportunities for comprehensive and synergetic regulation. This article addresses potential synergies between oceans and climate governance; focusing on the role of oceans in addressing climate change and its adverse impacts. Suggestions to this end include (i) increasing ocean-based renewable energy, (ii) decarbonizing ocean-based transport, and (iii) pursuing integrated management of fisheries and aquaculture.

Voluntary Guidelines for Flag State Performance: A New Tool to Conquer IUU Fishing

2014 ◽  
Vol 29 (1) ◽  
pp. 116-147 ◽  
Author(s):  
Karine Erikstein ◽  
Judith Swan
Keyword(s):  
International Law ◽  
Effective Control ◽  
Fisheries Governance ◽  
Iuu Fishing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
Primary Responsibility ◽  
Flag State ◽  
Voluntary Guidelines

Abstract Within the framework of the Food and Agriculture Organization of the United Nations (fao), Voluntary Guidelines for Flag State Performance were adopted by the fao Technical Consultation on Flag State Performance on 8 February 2013. The Guidelines, which focus on the role of the flag State in combating illegal, unreported and unregulated (iuu) fishing and build on existing international law, constitute a ground-breaking international instrument. They set out criteria and procedures for the assessment of flag State performance, as well as provisions on cooperation between flag States and coastal States, compliance and cooperation with, and assistance to, developing countries. The Guidelines were adopted as a response to the lack of effective control by many flag States over their fishing and fishing-related vessels, mindful that flag States may generally be said to have the primary responsibility for preventing, deterring and eliminating iuu fishing.1 The Guidelines are a robust and comprehensive tool for enhancing international fisheries governance.

Reflections on the Past, Present, and Future of IUU Fishing under International Law

2020 ◽  
Vol 22 (3-4) ◽  
pp. 368-376
Author(s):  
Nilufer Oral
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transnational Crime ◽  
Current Status ◽  
International Courts ◽  
The Past ◽  
Iuu Fishing ◽  
Management And Conservation ◽  
Institutional Process

Abstract The present brief contribution reflects on the evolution of IUU fishing, its current status, and possible future pathways to prevent, deter, and eliminate this practice. IUU fishing not only presents a question of management and conservation, but also entails serious human rights and transnational crime components. From these perspectives, this paper concludes that IUU fishing must be addressed through a multi-regime and multi-institutional process requiring the involvement of many stakeholders, including non-State actors. In particular, the effective settlement of IUU fishing disputes requires enhancing the role of international courts and tribunals as part of this process.

What’s in a Name? The Illegality of Illegal, Unreported and Unregulated Fishing

2013 ◽  
Vol 28 (3) ◽  
pp. 533-550 ◽  
Author(s):  
Jens T. Theilen
Keyword(s):  
International Law ◽  
Legal Discourse ◽  
Iuu Fishing ◽  
Starting Point ◽  
Common Term ◽  
Unregulated Fishing

Abstract “Illegal, unreported and unregulated fishing” or “IUU fishing” has become a common term in legal discourse, yet its exact meaning remains unclear. Taking the explanation offered in the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing as a starting point, this paper elucidates on the term’s meaning and draws conclusions as to its utility in international law.

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