Tag Archives: IUU Fishing
30 May 2013
Symposium on the Law of the Sea and the Law of Responsibility, cross-posted on Opinio Juris
Telesetsky’s highly interesting post highlights the problem of flag state responsibility in the law of the sea. The post identifies two major issues: Illegal Unreported and Unregulated (IUU) fishing and structurally unsafe vessels. Both these issues have been hard to resolve and difficult to regulate, at least from a flag state perspective. This comment seeks to further the debate by raising two questions regarding the role of the flag state in terms of its international responsibility. (more…)
30 May 2013
Symposium on the Law of the Sea and the Law of Responsibility, cross-posted on Opinio Juris
Sovereign nations have the right to extend their nationality to non-state actors who agree to adhere to national laws. But is there any broader international state responsibility associated with the granting of flag state status to known problematic non-state actors? Take the example of the South Korean flagged F/V Premier. This vessel licensed to the Dongwon company, the parent company of Starkist Tuna, was recently accused by Liberia of illegal fishing in the coastal waters of Liberia. In April, the Dongwon company settled with the government of Liberia for somewhere between one million and two million dollars. An interesting question has arisen over whether the government of Korea now has the obligation to list the F/V Premier as an Illegal, Unreported and Unregulated fishing vessel which would mean that the vessel would not be permitted to operate in regional fishery management areas such as those regulated by the Indian Ocean Tuna Commission. (more…)
29 May 2013
Symposium on the Law of the Sea and the Law of Responsibility, cross-posted on Opinio Juris
Yoshinobu Takei’s interesting post charts recent developments in international fisheries law that have attempted to respond to the ongoing ‘tragedy of the commons’ that flows from the dominance of the Grotian vision of the high seas as a domain of freedom (to fish, and to enjoy the other accepted high seas freedoms). Concerted attention from the 1970s onwards has resulted in an extensive body of international fisheries law, built upon the foundations provided by the UN Convention on the Law of the Sea (UNCLOS). UNCLOS sought to deal with the tragedy of the commons primarily by arrogating to coastal states large swathes of ocean space within the EEZ. That left the problem of shared, straddling, migratory, and high seas fisheries. (more…)
29 May 2013
Symposium on the Law of the Sea and the Law of Responsibility, cross-posted on Opinio Juris
First of all, I wish to thank Opinio Juris and SHARES for inviting me to participate in this highly interesting symposium. In my post, I will analyze the relevance of the law of responsibility in a fisheries context, describe some of the recent developments in this field and highlight some points for discussion.
On 9 May 2013, a Taiwanese fishing boat was shot by a Philippine government vessel and the incident resulted in the death of a crew member onboard the fishing boat as well as serious damage to the boat. The Taiwanese government demanded the Philippine government “to respond to four demands: a formal apology; compensation; an expeditious investigation followed by the severe punishment of the perpetrators, and the speedy arrangement of negotiations on fishery matters” (Taiwanese Ministry of Foreign Affairs), although the Philippine government claimed that their law enforcement was obstructed by the attempted attack by the boat in question and they were therefore forced to open fire. This sad incident again testifies that state responsibility plays an important role in a fisheries context. (more…)
28 January 2013
The United States National Oceanic and Atmospheric Administration (NOAA) has submitted a Congressionally mandated report identifying ten nations whose fishing vessels engaged in illegal, unreported, and unregulated (IUU) fishing in 2011 or 2012. The 10 states are Colombia, Ecuador, Ghana, Italy, Mexico, Panama, the Republic of Korea, Spain, Tanzania, and Venezuela. All ten nations identified in this year’s report had vessels that did not comply in 2011 and/or 2012 with conservation and management measures required under a regional fishery management organisation to which the US is a party. The report is part of the efforts of the United States to ensure that the US fishing industry is not undermined by unsustainable or illegal activities. The US will soon start consultations with each of the 10 nations to encourage them to take action to address IUU fishing and by-catch by their fishermen.
Source: Merco Press | US NOAA identifies 10 countries that conducted IUU fishing in 2011-12