Australia's response to illegal foreign fishing: a case of winning the battle but losing the law

Article

Baird, Rachel. 2008. "Australia's response to illegal foreign fishing: a case of winning the battle but losing the law." International Journal of Marine and Coastal Law. 23 (1), pp. 95-124. https://doi.org/10.1163/092735208X272292
Article Title

Australia's response to illegal foreign fishing: a case of winning the battle but losing the law

ERA Journal ID33896
Article CategoryArticle
Authors
AuthorBaird, Rachel
Journal TitleInternational Journal of Marine and Coastal Law
Journal Citation23 (1), pp. 95-124
Number of Pages30
Year2008
Place of PublicationLeiden
ISSN0735-5912
0927-3522
1571-8085
Digital Object Identifier (DOI)https://doi.org/10.1163/092735208X272292
Abstract

The right of prompt release has been interpreted by ITLOS as a safeguard balancing the right of the coastal state to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag state to secure the release of detained fishing vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal states such as Australia have implemented increasingly harsh penalties aimed at deterring the fishers. This ppaer examines the automatic forfeiture regime under Australian legislation.

Keywordsillegal fishing, automatic forfeiture, law of the sea, coastal state rights
ANZSRC Field of Research 2020480299. Environmental and resources law not elsewhere classified
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsSchool of Law
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