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Combating Illegal Fishing in the Exclusive Economic Zone – Flag State Obligations in the Context of the Primary Responsibility of the Coastal State
No full textIllegal fishing in the Exclusive Economic Zones [EEZs] of developing coastal States is an urgent problem for the marine environment, global food security, and local economies. While past academic debate has predominantly focused on obligations of flag States to tackle so called IUU-fishing in the High Seas, the recent request for an advisory opinion submitted by the Sub-Regional Fisheries Commission to the International Tribunal for the Law of the Sea (ITLOS, Case No. 21) has drawn attention to the fisheries regime of the EEZ. This article argues that the primary responsibility for fisheries management in the EEZ rests on the coastal State and that, so far, flag States have no obligation under customary international law to exercise their jurisdiction and control over vessels flying their flag which fish in the EEZ of other States. The article first gives an account of coastal State regulatory and enforcement jurisdiction. It outlines recent developments of the law by drawing on the jurisprudence of the ITLOS, particularly the recent M/V “Virginia G” Case. Further, the article undertakes to identify potential flag State obligations to combat illegal fishing in the EEZ. To that end, it provides an in-depth analysis of relevant binding and non-binding legal instruments such as the 1982 UN Convention on the Law of the Sea, other multilateral treaties, bilateral fisheries treaties, and relevant soft-law instruments of the Food and Agriculture Organization of the United Nations. The article also discusses the relevance of principles of international environmental law. Next, the article analyzes the nature and scope of potential flag State obligations, qualifying them as obligations of due diligence. Finally, the article concludes that, de lege lata, no persuasive evidence of established flag State obligations exists. The author suggests that the situation should be remedied by a new, fully binding legal instrument
Preface: Sound Futures
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356146
Report: The Rise and Implementation of Intangible Cultural Heritage Protection for Music in China
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356146
Ian Russel & Catherine Ingram (eds.), Taking Part in Music: Case Studies in Ethnomusicology (2013)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356147
David A. McDonald, My Voice is my Weapon: Music, Nationalism, and the Poetics of Palestinian Resistance (2013)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356147
Julia Byl, Antiphonal Histories: Resonant Pasts in the Toba Batak Musical Present (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4377459
The Contributions of Reconfigured Audiovisual Archives to Sustaining Traditions
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4356146
Ester Rada: Ester Rada. Produced and distributed by Eight Note Productions, Israel (2014)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4377460
Lila Ellen Gray, Fado Resounding: Affective Politics and Urban Life (2013)
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4377460
Walking Between the Lines: Cape Verdean Musical Communities in North America
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JSTOR link to article (restricted access) https://www.jstor.org/stable/4377459