Cooperation and unregulated fishing: interactions between customary international law, and the European Union IUU fishing regulation

Undercurrents: illegal fishing and European Union markets

“…On the international level, various additional frameworks exist to counter illegal fishing. The United Nations Fish Stocks Agreement (UNF SA) adopted in 1995 is an implementation agreement of UNCLOS regard ing the conservation and sustainable use of fisheries (Metuzals et al 2010;Rosello 2017). RFMOs are responsible for the management of fisheries within their respective geographical mandates.…”

Collateral damage? Small‐scale fisheries in the global fight against IUU fishing

“…Finally, unregulated fishing is perhaps the most ambiguous category of “IUU” (Rosello, 2017; Theilen, 2013). Much of this ambiguity extends from the IPOA‐IUU, which permits certain unregulated fishing if it “take[s] place in a manner that is not in violation of applicable international law and may not require the application of measures” (FAO, 2001a, p. 3).…”

“…No. 1005/2008) is an explicit attempt to incentivize the governments of fish exporting countries to take action to prevent and eliminate IUU fishing conducted in their waters or by their fleets (for more details, see He, 2017; Leroy, Galletti, & Chaboud, 2016; van der Marel, 2017; Miller et al., 2014; Rosello, 2017; Sumaila, 2019). The EU‐IUU regulation does not target specific sectors in isolation—whether small‐scale or industrial sectors.…”

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

“…73 However, the non-cooperating third country procedure has not been without issue. Notable challenges include deficits in transparency, 74 legal certainty, 75 and compatibility with international trade law. 76 An important observation here is that the state of nationality is not listed as a factor upon which the Commission may base the identification of a third country.…”