The extent to which flag States are bound by the conservation rules of regional fishery management organisations is an important question in the quest to reduce unregulated fishing. The European ...Union implemented a trade suspension against Cambodia under Council Regulation 1005/2008, in response to unregulated fishing by Cambodian vessels in high seas areas managed by regional fishery management organisations. Limitations in the arguments underpinning the decision evidence the flaws of unregulated fishing as a legal concept, underlining the need for it to be appropriately interpreted and contextualised in the international legal framework. Clarity on the differences between conventional and customary sources of international legal obligation, and their implications for State consent, should guide the implementation of the Regulation to maximise the normative potential of resulting practices.
•Commission must underpin implementing decisions with legal rationale.•Unregulated fishing and UNFSA Article 8.4 customary status not suitable.•State practice in RFMOs and arrangements should provide such rationale.•Due regard underpins such rationale.•Due regard insufficient to ensure conservation by itself.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UL, UM, UPCLJ, UPUK, ZRSKP
This book sheds light into the uneasy relationship between the 'IUU fishing' designation as a governance mechanism, and international law. Building on previous literature, this original study will be ...of interest to international fisheries governance academics and policymakers alike.
Doctrinal arguments and two examples illustrating the practice of the Spanish courts highlight two risk factors that can undermine the effectiveness of enforcement actions by States in matters ...involving high seas fishing. Firstly, the absence from treaty law of clearly defined conduct standards and unequivocal criminal enforcement routes to provide a positive basis for the exercise of extraterritorial criminal jurisdiction. Secondly, the transcendence of individual rights and constitutional principles enshrined in domestic constitutional and European Union law and safeguarded by national courts, and their potential for tension with international fisheries conservation objectives. Through a brief analysis of those tensions, the article leads to a reflection on the relevance of legal security considerations to inform the development of international and regional legal frameworks and decision-making mechanisms for addressing high seas illegal and unregulated fishing.
•Two illustrations from the practice of the Spanish courts exemplify the potential for tension between international legal objectives and individual rights protected by the courts.•Positive international legal bases need to be clearly established for the successful exercise of criminal extraterritorial jurisdiction.•The need for legal predictability is potentially at odds with the de facto political nature of much of the activity that takes place in regional fisheries organisations.•Legal security and predictability considerations should inform the development of international legal frameworks to strengthen their effectiveness.
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GEOZS, IJS, IMTLJ, KILJ, KISLJ, NLZOH, NUK, OILJ, PNG, SAZU, SBCE, SBJE, UILJ, UL, UM, UPCLJ, UPUK, ZAGLJ, ZRSKP
This article outlines recent events concerning the conservation and management trajectory of a highly migratory shark species, the shortfin mako (Isurus oxyrinchus), in the North Atlantic, where it ...has been routinely captured recreationally and as part of commercial fishing operations alongside other species. Noting recent warnings concerning the high mortality of the species in this ocean region, and the threat of imminent population collapse, this article sets out a number of applicable law of the sea provisions, and carries out an evaluation of relevant measures for target and incidental capture species, discussing their applicability to the mako fishery. It also presents an analysis of regional and global governance actions taken to date by the international community and by individual actors, noting a number of shortfalls, and outlining potential responses.
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CEKLJ, NUK, PRFLJ, UL, UM, UPUK
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Using the lenses and language of therapeutic jurisprudence, this paper will argue that the rights of pregnant workers are vulnerable in a post-Brexit climate. Whilst the sunset clause from ...the Retained EU Law Bill, which would have caused all retained EU law to automatically expire at the end of 2023 unless expressly stated otherwise by Ministers, was lifted, the original drafts of the Bill made clear the government’s lack of respect for and interest in protecting workers’ rights (amongst others). Furthermore, despite the abandonment of the sunset, the now legislated Retained EU Law (Revocation and Reform) Act 2023, aiming to deal with all laws that were once of European origin, still gives Ministers wide powers with limited input from Parliament to change EU derived legislation and replace with UK provision. Using an example from employment law, specifically, pregnant workers, this paper will show that the Act is a therapeutic jurisprudence unfriendly bottle as it has the potential to violate positive physical, social, and psychological outcomes. Recognising that these laws are currently vulnerable, we urge the government to keep intact (and potentially enhance) the laws protecting pregnant workers.
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EMUNI, FIS, FZAB, GEOZS, GIS, IJS, IMTLJ, KILJ, KISLJ, MFDPS, NLZOH, NUK, OBVAL, OILJ, PNG, SAZU, SBCE, SBJE, SBMB, SBNM, UKNU, UL, UM, UPUK, VKSCE, ZAGLJ
Abstract
This study is a brief reflection upon the features of the Central Arctic Ocean Fisheries Agreement with regard to indigenous stakeholders, and the potential effects of their uncritical ...inclusion in the broad interpretive and compliance paradigm known as illegal, unreported and unregulated (IUU) fishing. Developed from a vulnerability perspective, the study highlights the need to take into account interdependencies between fragile ecosystems and vulnerable human communities. The authors formulate a normative pathway for the regulation of Arctic fisheries that explicitly integrates legal frameworks established for the protection of indigenous peoples and their rights, promoting a nuanced, legally informed and inclusive understanding of the IUU fishing paradigm.
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DOBA, IZUM, KILJ, NUK, ODKLJ, PILJ, PNG, PRFLJ, SAZU, UILJ, UKNU, UL, UM, UPUK
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.
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