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Enforcement on EEZ & High Seas - Coggle Diagram
Enforcement on EEZ & High Seas
what is meant by "enforcement"
in international law?
Binding
UNCLOS :
Article 73
Article 292
Port State Measures Agreement
FAO Agreement promote compliance high seas
Fish Stocks Agreement
PORT STATE MEASURES
Legally binding
PNG'S Yellow Card from EU - failing to verify catch certificates (verifying certs and data with flag state)
Port State Measures Agreement
the EEZ
system and weaknesses
System relies on coastal state duties, flag state duties, port state duties & international co-operation.
coastal state duties
posting of a bond, prompt release and no imprisonment...relies on cooperation of the flag state.
Article 73 UNCLOS (EEZ) - 3 restrictions
Prompt release
Cases
Volga Case
Fines - were they ever paid?
Monte Confurce
MV Virgina G
should the bond must be proportionate to the max fine?
difficulty of forfeiture of vessel punishment -
prohibition on imprisonment
cases
exceptions - agreement w flag state, breach of administration of justice laws.
MV Saiga - indicates restrictive
not all states comply with this
notification of flag state
the LOS relies on CS MCS
capacity
it relies on the
willingness
of the CS to conserve and manage it's EEZ
evidentiary threshold in
hot pursuit *
reliance on other states also in hot pursuit (ie entry into TS)
flag state duties
relies on flag state responsibility and good faith intent to uphold ROL - control the flag right.. blacklist. Communicate.. (ie not flags of convenience)
No provision in the Convention which specifically addresses flag state obligations concerning IUU fishing
all other states
to hold them to account for not performing these duties
share info on IUU vessels.. stop flag hopping
Port state duties
again relies on port state responsibility and good faith intent to uphold ROL ie not being ports of convenience.
Where are the strengths and weaknesses
What are the ways states have addressed this
INTRODUCTION
enforcement is not just a law of the sea issue - but all of international law.
high seas - flag states have exclusive jurisdiction except in very limited circumstances
flag states of convenience
Different types of illegal fishers.
illegal treaty fishers vs illegal fishers
COASTAL STATE
(solutions)
implications of treaties - flag state and coastal state - compliance and enforcement
Restrictions on foreign (unlicensed) fishing vessels transiting EEZ
(addressing evidentiary threshold limitation)
transshipment
Currently developing 'voluntary' guidelines -
transshipment is illegal in Malaysia
Straddling stocks
Requirements of RFMOs
More progressive interpretations of Art 111 -
Agreements with other countries - enter TS in hot pursuit.
can lose sight of vessel (accommodating for technology)
access agreements - getting flag states to take some responsibility.
international co-operation
transnational crime/universal jurisdiction
extradition
suppression conventions
some states have already criminalised illegal fishing in the TS
Sue flag states of convenience
ITLOS - Case 21 Advisory Opinion - Flag states may be held liable failing due diligence - Vessels flying their flags.
Market, import, traceability based measures
EU regulations - only legally caught fish can enter.
How did
FAO Plan of Action IUU
catch certificates
cases WTO
the Lacey Act
UK - scheme requires buyers and sellers of first-sale fish landed in UK to register with the fisheries dept.
sharing of VMS ie FFA
also enforceability against the coastal state itself for unsustainable fisheries managemnt
RFMOs
IUU vessel lists
bilateral agreements to board High Seas
transnational crime and universal jurisdiction
FLAG STATES
VMS
stopping fishing in the EEZ of other states. Make it their business.
SFRC ITLOS advisory opinion
cooperation with coastal states
high seas
stopping reflagging
Flags Of Convenience
criteria for ship registries.. transparency
transshipment
62(4) UNCLOS
Non-Binding
FAO Code of Conduct for responsible fisheries
reflagging issue
FAO International Plan of Action
FAO Voluntary Guidelines - Flag State Performance
National PLan of Action against IUU fishing
The High Seas
system and weaknesses