The impact of Illegal, Unreported and Unregulated fishing, shortly IUU fishing, has become an increased significance these days. The global community has already reached a critical point when is comes to global fish stocks. As of 2014, almost 30 % of the global fish stocks are considered to be in an overfished condition, according to the United Nations Food and Agriculture Organization (FAO). 2018, the estimated number already increased up to 33.1 %. This emphasizes the urgency of actions
combating IUU fishing.
Since the 1990s, IUU fishing is a further growing issue for the community of international fisheries and thus, this behaviour is not a new issue in marine capture fisheries. According to estimations, the total value of current IUU fishing worldwide is between $ 10 bn and $ 23,5 bn annually which is a total amount between 11 and 26 million tonnes of fish. The first appearance of this term can be dated on 1997 to the 16th annual meeting of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The fisheriessector developed more and more in a commercial direction and thus got dominated by economic interests. By fading out all the problems and consequences of IUU fishing, large companies only focus on expanding their profit. This leads to different problems, especially regarding to the environment.
One of the main problems is to extinguish certain fish stocks. The key word of is issue is biodiversity which plays a large role in this context. On a scientific view, there is a specific level which sets the optimum for reproduction of fish stocks. Overfishing means hereby that the reproduction is limited and in the worst case, it can lead to completely loosing types of fish. Not to overextend a certain amount of fishing, it is important to have control entities which sets the level of fishing to reach this optimum point. The challenge now is that unreported fishing cannot be taken into account of those calculations how much fishing can be practiced, so that it is very difficult to estimate the truly size of the fish stock. Unreported fishing thus leads because of bypassing those control entities to many problems. This challenges the whole system because it gets less concrete. Additionally, unregulated fishing itself can wipe out a species of fish, or at least limit the reproduction drastically.
Table of Contents
1. Introduction
2. Structure of this Essay
2.1 Purpose and Method
2.2 Delimitation
2.3 Theoretical Perspective
2.3.1 Postcolonial Perspective
2.3.2 Critical Perspectives
3. Background
3.1 Central Principles of International Law in the Maritime Context
3.1.1 Sovereignty
3.1.2 The Freedom of the High Seas
3.2 Definition of IUU fishing
3.2.1 Illegal Fishing
3.2.2 Unreported Fishing
3.2.3 Unregulated Fishing
3.3 The United Nations Food and Agriculture Organization
4. Various Approaches
4.1 United Nations Convention on the Law of the Sea
4.1.1 Content of the Regulations
4.1.2 Critique
4.2 United Nations Fish Stock Agreement
4.3 Regional Fisheries Management Organisations
4.4 Overview about related Approaches
4.4.1 Port State Measures to Prevent, Deter and Eliminate IUU Fishing
4.4.2 International Plan of Action to prevent, deter and eliminate Illegal, Unreported and Unregulated fishing
4.4.3 Voluntary Guidelines for Flag State Performance
4.5 Further Reflections
5. Conclusion
Objectives and Research Themes
The essay aims to examine the challenges posed by Illegal, Unreported, and Unregulated (IUU) fishing, evaluating the effectiveness of various international legal instruments and voluntary initiatives in mitigating its environmental and economic impact.
- Analysis of international law principles in the maritime context, specifically sovereignty and freedom of the high seas.
- Evaluation of the United Nations Convention on the Law of the Sea (UNCLOS) and the UN Fish Stock Agreement.
- Discussion on the role and effectiveness of Regional Fisheries Management Organisations (RFMOs).
- Assessment of voluntary frameworks, such as the Port State Measures Agreement and Flag State Performance guidelines.
- Critical reflection on the persistence of IUU fishing despite existing international regulatory efforts.
Excerpt from the Book
4.1.1 Content of the Regulations
This analysis starts with considering the initiatives in the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This convention resulted from the third United Nations Conference which took place between 1973 and 1982. It entered into force 1994 after Guyana ratified the treaty as the 60th state. As of 2016, 167 countries and the European Union are parties to this convention. The purpose is the establishment of a legal framework for all maritime issues. The term “IUU fishing – Illegal, Unreported and Unregulated” cannot be found in UNCLOS. Even though UNCLOS does not mention this term, it includes some relevant provisions. The convention divides the marine areas into different zones in which the respective coastal state is granted differentiated regulatory and enforcement powers. The rights of a coastal state in the maritime region are depending on the distance to the coast.
According to Article 2 UNCLOS, coastal state’s sovereignty is extended from its territory to the territorial sea that is up to a limit not exceeding 12 nautical miles, measured from the baselines (Article 3 UNCLOS). This means that a state can make their own regulations in this area and decide by themselves how to deal with fisheries and how to manage fish stocks.
Summary of Chapters
1. Introduction: Presents the global significance of IUU fishing, highlighting the decline in global fish stocks and the emergence of the issue within international maritime law circles since the 1990s.
2. Structure of this Essay: Outlines the purpose, method, and theoretical framework, emphasizing a postcolonial and critical perspective used to analyze the effectiveness of legal responses.
3. Background: Provides the foundational legal context by discussing sovereignty, the freedom of the high seas, defining the core components of IUU fishing, and introducing the role of the FAO.
4. Various Approaches: Evaluates major international initiatives including UNCLOS, the UN Fish Stock Agreement, and RFMOs, while providing an overview of supplementary voluntary measures.
5. Conclusion: Summarizes that while a solid framework exists, the main obstacles to combating IUU fishing remain the lack of enforcement, implementation at the national level, and effective control of migratory species.
Keywords
IUU fishing, International Law, UNCLOS, Sovereignty, High Seas, Fisheries management, Sustainability, Fish stocks, RFMOs, Enforcement, Biodiversity, Postcolonialism, Port State Measures, Marine environment, Food security.
Frequently Asked Questions
What is the core focus of this research?
The research focuses on the impact and legal challenges regarding Illegal, Unreported, and Unregulated (IUU) fishing, specifically investigating how international regulatory frameworks attempt to address these activities.
What are the primary themes discussed?
The main themes include the tension between state sovereignty and conservation, the effectiveness of UNCLOS, the function of Regional Fisheries Management Organisations (RFMOs), and the role of voluntary international guidelines.
What is the ultimate research objective?
The objective is to critically assess whether existing binding and non-binding mechanisms provide an effective contribution to curbing IUU fishing and to identify why some of these initiatives fail to achieve intended results.
Which scientific method is applied?
The essay utilizes a critical and legal analytical approach, framed within a postcolonial viewpoint, to evaluate the efficacy of international instruments and the realities of their implementation by states.
What does the main body cover?
The main body covers a detailed analysis of UNCLOS, the UN Fish Stock Agreement, RFMO activities, and supplementary voluntary tools like the PSMA, identifying discrepancies between law on paper and enforcement in practice.
Which keywords categorize this work?
Key terms include IUU fishing, UNCLOS, Sovereignty, Marine Biodiversity, Regional Fisheries Management Organisations, and International Enforcement.
How does the concept of "Maximum Sustainable Yield" play a role?
The concept is used to define optimal fishing levels for sustainability; however, the text highlights that overstepping this point remains a significant challenge for international maritime governance.
Why are smaller island states considered particularly vulnerable?
They are highlighted as vulnerable because they often possess vast Exclusive Economic Zones (EEZs) that they lack the financial and logistical capacity to monitor, supervise, or enforce against illegal activities.
- Arbeit zitieren
- Anonym (Autor:in), 2023, IUU Fishing – Illegal, Unreported and Unregulated. A critical reflection on different approaches to combating these acts and their effectiveness, München, GRIN Verlag, https://www.grin.com/document/1462408
