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Abstract

International fisheries governance contains no specific provisions detailing States’ rights and obligations in respect of fisheries in maritime zones classified as falling under the sovereignty of coastal States, namely: internal waters, archipelagic waters and territorial seas. Using a case-study of the Western and Central Pacific Fisheries Commission, this article demonstrates that there is still a gap in international fisheries governance relating to fisheries in ‘waters under sovereignty’ which requires remedying, and concludes by providing some possible management options to fill the gap.

In: The International Journal of Marine and Coastal Law
In: Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention
The International Legal and Policy Framework to Combat Illegal, Unreported and Unregulated Fishing
Illegal, unreported and unregulated fishing, or IUU fishing, is considered one of the most significant threats to the sustainability of fisheries resources. Since the adoption of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU), States and regional fisheries management organisations have made sustained efforts to address the problem. This book analyses the concept of IUU fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. The book also examines the range of measures adopted by States and regional organisations to address IUU fishing. These measures include flag State, coastal State, port State, and market State measures.

Abstract

Satellite-based vessel monitoring systems (VMS) are a relatively new technology that assist fisheries management authorities in data-gathering and ensuring compliance with management objectives. In comparison with traditional means of data-gathering and monitoring, control and surveillance (MCS), satellite-based VMS offer considerable advantages in cost-effectiveness, especially if applied at the regional level. Before opting for a satellite-based VMS, however, fisheries management authorities should realise that a number of limitations exist, that it may not be the most cost-effective in all circumstances and that the issue of the confidentiality and security of information will be crucial to co-operation and compliance. The main focus of the article are the relevant rights and obligations of states under international law. The analysis concludes, among other things, that significant legal restrictions exist in the exercise of jurisdiction by port and coastal states with respect to foreign fishing vessels in lateral passage, conditions for entry into port and foreign vessels engaged in bunkering of fishing vessels.

In: The International Journal of Marine and Coastal Law