Australia's response to illegal foreign fishing: a case of winning the battle but losing the law
Article
Article Title | Australia's response to illegal foreign fishing: a case of winning the battle but losing the law |
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ERA Journal ID | 33896 |
Article Category | Article |
Authors | |
Author | Baird, Rachel |
Journal Title | International Journal of Marine and Coastal Law |
Journal Citation | 23 (1), pp. 95-124 |
Number of Pages | 30 |
Year | 2008 |
Place of Publication | Leiden |
ISSN | 0735-5912 |
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. |
Keywords | illegal fishing, automatic forfeiture, law of the sea, coastal state rights |
ANZSRC Field of Research 2020 | 480299. Environmental and resources law not elsewhere classified |
Public Notes | File reproduced in accordance with the copyright policy of the publisher/author. |
Byline Affiliations | School of Law |
https://research.usq.edu.au/item/9z8x9/australia-s-response-to-illegal-foreign-fishing-a-case-of-winning-the-battle-but-losing-the-law
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