An examination of flag state responsibility for illegal, unreported, and unregulated fishing

Abstract

This dissertation examines flag State responsibility for Illegal, Unreported and Unregulated fishing activities, giving special focus to the pronouncements of the International Tribunal for the Law of the Sea on the issue in the 2015 Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission. It explores the definition of the crime of Illegal, Unreported and Unregulated Fishing in the 2001 International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. The study considers where the crime generally occurs, and why it is considered as both a marine and maritime security threat, as well as a threat to the maritime environment. The duties and responsibilities of flag States are established through an examination of the international regulatory framework governing fishing on the high seas and in the Exclusive Economic Zone of coastal States. In this respect, particular attention is given to both legal as well as non-binding instruments, namely the United Nations Convention on the Law of the Sea, the Agreement to Promote Compliance with International Conservation and Management Measures by Vessels Fishing on the High Sea, and the Code of Conduct for Responsible Fisheries. Furthermoe, special attention is given to the due-diligence obligations of flag States in the fulfilment of the obligation to comply with all of the necessary laws and regulations regarding the conservation and management of marine resources, in the prevention and suppression of IUU fishing. Finally, this dissertation concludes by providing the main findings of this work, together with the author’s opinions and comments in relation to the efficacy of the international regulatory framework regulating IUU fishing, and on the adequateness of the International Tribunal of the Law of the Sea’s findings in its 2015 Advisory Opinion regarding flag State responsibility.