Market Denial and International Fisheries Regulation

The Targeted and Effective Use of Trade Measures Against the Flag of Convenience Fishing Industry


Flag of convenience fishing seriously undermines efforts to protect the marine environment. To counter this threat, Market Denial and International Fisheries Regulation rests on the logic of the most basic tenet of economics: if no market exists for a product then producers will cease to produce. Denying market access to the flag of convenience fishing fleet should significantly reduce instances of illegal, unreported and unregulated (IUU) fishing. In areas beyond national jurisdiction not only is market denial the most effective means of undermining the IUU fleet, it is, for most practical purposes, the only way to do so. To what extent, however, do the laws of the sea and international trade allow groups of States to close their markets to non-compliant fishing vessels?
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Biographical Note

Darren S. Calley is a Lecturer of Laws at the University of Essex, United Kingdom.

Table of contents

Chapter One: Introduction
Chapter Two: The Flag of Convenience Industry: Its Historical and Economic Pedigree, Contemporary Context and Relationship to High Seas Fishing
Chapter Three: The Consequences of Flag of Convenience Fisheries on the Marine Environment and Fisheries Sector
Chapter Four: The Law of the Sea – The Legal Vacuum that has Created the Flag of Convenience Industry and the Attempt to Create a Genuine Link
Chapter Five: The Growing Use of Market Denial Strategies by Regional Fisheries Management Organisations
Chapter Six: Multilateral Trade Measures: How CITES Could be Used in the Fight Against IUU Fishing
Chapter Seven: International Trade Law: The WTO, GATT and Regional Free Trade
Chapter Eight: Conclusions


Scholars of the laws of the sea or environmental law, policy-makers and NGOs is the fisheries sphere, and undergraduate and postgraduate students of the laws of the marine environment.

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