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Non-Flag State Enforcement And Protection Of The Marine Environment: Responding To Iuu Fishing

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Chapter Summary

Illegal, unregulated and unreported (IUU) fishing is seen as one of the main obstacles to the achievement of sustainable world fisheries and an ongoing threat to both the marine environment and human food security. This chapter examines the legal basis for and content of flag State responsibility and the actions that may be taken by non-flag states against IUU fishing vessels and 'irresponsible' flag States. It identifies the currently accepted content of flag State responsibilities, focusing on regulatory structures and behavior of states, and identifies criteria that need to be considered in conducting assessments of flag State performance. It is clear that, as an exception to the general principle of flag State jurisdiction, actions taken by non-flag states should be subject to a range of limitations and safeguards. In all cases, a flag State will need to be informed early on and have the right to respond to the allegations.

Keywords: flag State responsibility; human food security; illegal, unregulated and unreported (IUU) fishing; marine environment; non-flag states



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