Illegal, Unreported, and Unregulated Fishing Governance in Disputed Maritime Areas: Reflections on the International Legal Obligations of States

Abstract

Illegal, unreported, and unregulated (IUU) fishing in the disputed maritime areas causes significant damage to the marine ecology and authorized fisheries, increases the risk of conflicts among disputed states, and violates human rights at sea. Both unilateral measures and cooperative governance for IUU fishing are often inadequate in these areas. In light, this study aims to clarify the regulatory obligations of relevant states and explore feasible solutions based on international cooperation to promote IUU governance in disputed areas worldwide. The rapidly evolving international fisheries legal framework requires that states, such as coastal states, flag states, port states, or market states, fulfill their respective obligations to prevent and deter IUU and that the presence of disputes in a specific maritime area does not typically constitute grounds for derogation from these obligations or exemption from possible state responsibility. However, the implications of the conflicting claims in disputed maritime areas should be taken into consideration while interpreting and applying international legal rules. Therefore, this study suggests that regional and inter-regional cooperation is necessary for states to fulfill their obligations to regulate IUU fishing and prevent state responsibilities under international law. Parties to the dispute, as well as third parties, are encouraged to participate in the cooperative mechanism in order to coordinate legislative and enforcement measures and advance the institutionalization of IUU fishing regulation in the disputed maritime areas, which will not only advances the effective governance of IUU fishing but also reduces tensions among the disputing states and contributes to the peaceful settlement of the dispute.

Nature of property rights and motivation for blue growth: An empirical evidence from the fisheries industry

“…A percentage increase in governance increases the sustainability of the fisheries sector by 0.19 percent using the FMOLS estimator, 0.88 percent using the DOLS estimator, and with just marginal statistical significance using the FEOLS estimate specification. The main findings of Chen et al (2023), Spijkers et al (2023), and Jarvis and Young (2023) agree with this result. Due to its size as the world's largest market for seafood, its ability to import more than half of its needs, and its status as a significant fisheries power, the EU has emerged as a crucial actor in regulating international fisheries.…”

“…The different extraction techniques available in the established EU14 countries and the growing EU13 economies may cause this. According to Chen et al (2023), Spijkers et al (2023), and Jarvis and Young (2023), who tested the growth hypothesis for several nations that produce incredibly high levels of fisheries output, these findings presage significant consequences for governance. Additionally, our results align with recent empirical research by Yusuf (2022), who supported the growth theory, another vital source of fishery resources.…”

“…Numerous studies, including Chen et al (2023), Spijkers et al (2023), Jarvis and Young (2023), Guggisberg et al (2022), Okafor-Yarwood et al (2022), and Jentoft and Chuenpagdee (2022, have examined how poor governance and enforcement encourage over fisheries, the significance of sound policy for fisheries management, and various strategies for effective and sustained enforcement. Dudayev et al (2023), Kelkar and Arthur (2022), and others investigated the legal and policy status of the fisheries industry in Indonesia and India, respectively, and claimed that community partnership and co-management is the most suitable partnership to achieve an enabling environment for the sustainability of the fisheries industry in those countries.…”

Reflections on Japan’s participation in negotiations of the global plastic pollution instrument under international environmental law

“…Correspondingly, these obligations from international law can also be a lever for politicians to overcome domestic political resistance and populist challenges (Chen et al, 2023). While the Basel Convention does not explicitly codify the polluter pays principle, it does expressly support the general principles of international environmental law, which do include the polluter pays principle (Fidler, 2001).…”

Technology advancement and international law in marine policy, challenges, solutions and future prospective

“…However, it also poses legal and regulatory challenges that necessitate ongoing dialogue and the development of international frameworks. By harnessing the power of technology and establishing robust legal mechanisms, striving towards a more effective marine policy that ensures the sustainability and protection of oceans for future generations (Chen et al, 2023). With boundless possibilities, the integration of technology and international law within marine policy stands as a pivotal tool for addressing the ever-evolving challenges of our oceans.…”