IUU Fishing as Flag State Accountability Paradigm

2021 ◽  
pp. 160-183
Keyword(s):  
Iuu Fishing ◽  
State Accountability ◽  
Flag State

scholarly journals One Fish, Two Fish, Few Fish, No Fish:  Regional Fisheries Management Organisations, IUU Fishing and  High Seas Fisheries Management

2021 ◽  
Author(s):  
◽  
Aaron Irving
Keyword(s):  
Fisheries Management ◽  
International Community ◽  
Fisheries Resources ◽  
Iuu Fishing ◽  
State Compliance ◽  
State Of Affairs ◽  
The Right ◽  
The Unclos ◽  
Flag State ◽  
High Seas

<p>The World's fisheries are in a desperate state, they have been utilised to a point where a majority of the fisheries resources are fully exploited. In addition to overfishing, the responsibility of the sad state of affairs of the world's High Seas' fish stocks can be put down to inefficient management. The high seas fisheries regime is dominated by two powerful, tried, tested and consented to norms: the principle of freedom of fishing on the high seas and the principle of exclusive flag state jurisdiction over flagged vessels on the high seas. These Grotius norms (unintentionally) obstruct effective and meaningful high seas fisheries management, and have enabled unscrupulous states and actors to take advantage of the lacunae created by the UNCLOS High Seas fisheries framework and engage in IUU fishing which has resulted in a tragedy of the high seas commons. Furthermore these norms have a 'hobbling' effect on RFMOS and coastal states alike, and leave them almost powerless to ensure flag-state compliance with their sustainable fishing measures without the consent of the flag state, and totally unable to enforce its measures directly on that flagged vessel. Thus in the absence of an express reference to the superiority of coastal state rights over those of high seas fishing states, freedom of high seas fishing prevails. However the international community armed with weaker UNCLOS obligations of conservation and co-operation and have fought the good fight, and in lightening speed have constructed a normative framework that is additional to but consistent and complimentary with the UNCLOS regime. With the use of port state measures, voluntary instruments that codify responsible fisheries practice, surveillance and the denial of the right to land IUU fish – the fight is gradually beginning to turn in favour of the international community.</p>

scholarly journals CCAMLR Initiatives to Counter Flag State Non-Enforcement in Southern Ocean Fisheries

2005 ◽  
Vol 36 (4) ◽  
pp. 773
Author(s):  
Rachel Baird
Keyword(s):  
Southern Ocean ◽  
Fish Stocks ◽  
Global Problem ◽  
Iuu Fishing ◽  
Antarctic Marine ◽  
Flag State

Not all states that have vessels registered under their flag take responsibility for the actions of those vessels and their crews. When enforcement is not carried out by flag states, illegal, unreported and unregulated (IUU) fishing can proliferate and have a serious impact on fish stocks in areas such as the seas around Antarctica. In this article, Rachel Baird evaluates the measures taken by the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR) to address the issue of IUU fishing. Port state controls, catch documentation schemes, vessel lists and other options are discussed. She concludes that CCAMLR provides some encouraging examples as to how the global problem of IUU fishing may be addressed.

scholarly journals Illegal, Unreported and Unregulated Fishing Control in the Exclusive Economic Zone: a Brief Appraisal of Regulatory Deficits and Accountability Strategies

2016 ◽  
Vol 22 (75) ◽  
pp. 39-68
Author(s):  
Mercedes Rosello
Keyword(s):  
Regulatory Role ◽  
Fish Stocks ◽  
Coastal State ◽  
Iuu Fishing ◽  
State Accountability ◽  
Primary Responsibility ◽  
Exclusive Economic Zones ◽  
Economic Zones ◽  
Unregulated Fishing

Abstract The conservation of fish stocks in the world’s exclusive economic zones (EEZs), which collectively harbour the vast majority of marine-living resources, is the primary responsibility of coastal States. As the effects of failures by coastal States to protect those stocks from the impacts of illegal, unreported and unregulated (IUU) fishing may extend beyond domestic boundaries, this paper questions whether and how coastal States may be made accountable in respect of their regulatory deficits. With the proliferation of non-legal conduct rules to guide the regulatory role of States and their agencies, non-judicial mechanisms have the potential to foster coastal State stewardship of domestic fisheries. Outlining a number of international, transnational and domestic approaches, this paper gives consideration to the opportunities and limitations they present in order to strengthen coastal State accountability for IUU fishing control deficits.

scholarly journals International Soft Laws against IUU Fishing for Sustainable Marine Resources: Adoption of the Voluntary Guidelines for Flag State Performance and Challenges for Taiwan

2020 ◽  
Vol 12 (15) ◽  
pp. 6013
Author(s):  
Tsung-Han Tai ◽  
Shih-Ming Kao ◽  
Wan-Chun Ho
Keyword(s):  
Soft Law ◽  
Iuu Fishing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
Recent Developments ◽  
United Nations Food ◽  
International Instruments ◽  
Near Future ◽  
Flag State ◽  
Voluntary Guidelines

Illegal, unreported and unregulated (IUU) fishing has become a key issue of increasing concern in the world. Led by the United Nations Food and Agriculture Organization (FAO), recent developments focused on the role of port states as the principal actor against IUU fishing. However, the FAO adopted the Voluntary Guidelines for Flag State Performance (the Guidelines) in 2013, implying that the principal role against IUU fishing still corresponds to flag states. As one of the leading distant-water fishing nations, Taiwan has adopted many domestic regulations in accordance with these international instruments voluntarily, regardless of its statehood debate. Although the adoption of the Guidelines is “a real breakthrough” against IUU fishing, the instrument is “soft law” in nature, meaning the implementation of the Guidelines may depend on the political will of states, and the effectiveness and efficiency of the Guidelines are thus highly questionable. Furthermore, the consensus among states to adopt a legally binding agreement on flag state performance in the near future, akin to the development of the Port States Measures Agreement that successfully evolved from a “soft law” to a “hard law” basis, is not yet clear.

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.

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