Illegal, unreported and unregulated fishing: an analysis of the legal, economic and historical factors relevant to its development and persistence

Article


Baird, Rachel. 2004. "Illegal, unreported and unregulated fishing: an analysis of the legal, economic and historical factors relevant to its development and persistence." Melbourne Journal of International Law. 5 (2), pp. 299-334.
Article Title

Illegal, unreported and unregulated fishing: an analysis of the legal, economic and historical factors relevant to its development and persistence

ERA Journal ID33615
Article CategoryArticle
Authors
AuthorBaird, Rachel
Journal TitleMelbourne Journal of International Law
Journal Citation5 (2), pp. 299-334
Number of Pages36
Year2004
PublisherUniversity of Melbourne
Place of PublicationMelbourne, Australia
ISSN1444-8602
1444-8610
Web Address (URL)http://www.mjil.law.unimelb.edu.au/issues/archive/2004%282%29/01Baird.pdf
Abstract

The state of global marine fisheries is of common concern to humankind. The emergence and persistence of noncompliant fisheries practices conveniently (though sometimes confusingly) labelled 'Illegal, Unreported and Unregulated fishing' ('IUU fishing'), is of particular concern for the international community, regional fisheries management organisations and coastal states. A number of factors have contributed to the emergence of IUU fishing. Historical and economic developments have shaped the evolution of modern fisheries and whilst not always desirable, they are influences that must be accepted and understood. Factors facilitating the persistence of IUU fishing tend to be primarily legal in nature. Hence there is scope to address these matters with the aim of creating a legal environment where IUU fishing becomes less attractive. It has been acknowledged that there is no one single solution to the problem of IUU fishing. It is argued that this is because there is no one single contributing factor. Rather, noncompliant fishing is a product of the development of the law of the sea, in particular over the past two centuries. The law of the sea is itself a product of the political, economic and sometimes legal, interests of states.

Keywordsfishing; marine fisheries; illegal fishing
ANZSRC Field of Research 2020480299. Environmental and resources law not elsewhere classified
300505. Fisheries management
Public Notes

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

Byline AffiliationsDeakin University
Permalink -

https://research.usq.edu.au/item/9zqx3/illegal-unreported-and-unregulated-fishing-an-analysis-of-the-legal-economic-and-historical-factors-relevant-to-its-development-and-persistence

Download files


Published Version
Baird_2004_MJIL_PVpublic.pdf
File access level: Anyone

  • 1882
    total views
  • 712
    total downloads
  • 2
    views this month
  • 14
    downloads this month

Export as

Related outputs

A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in the International Law of the Sea by Yoshifumi Tanaka
Baird, Rachel. 2009. "A Dual Approach to Ocean Governance: The Cases of Zonal and Integrated Management in the International Law of the Sea by Yoshifumi Tanaka." Melbourne Journal of International Law. 10 (1).
Transnational security issues in the Asia Pacific: fisheries and piracy
Baird, Rachel. 2010. "Transnational security issues in the Asia Pacific: fisheries and piracy." 2nd Annual Dialogue Forum of the Sino-Australian Joint Research Program: Collaboration and Governance in the Asia Pacific. Brisbane, Australia 21 - 23 Jul 2010 Brisbane, Australia.
The development of a comprehensive global record for fishing vessels, refrigerated transport vessels and supply vessels: an analysis of the practice of regional fisheries bodies
Baird, Rachel. 2008. The development of a comprehensive global record for fishing vessels, refrigerated transport vessels and supply vessels: an analysis of the practice of regional fisheries bodies. Rome, Italy. United Nations, Food and Agriculture Organization.
International institutional arrangements influencing Australian integrated coastal management
Fearon, Rob, Wulf, Peter and Baird, Rachel. 2006. "International institutional arrangements influencing Australian integrated coastal management." Lazarow, Neil, Souter, Regina, Fearon, Rob and Dovers, Steve (ed.) Coastal management in Australia: key institutional and governance Issues for coastal natural resource management and planning . Indooroopilly, Australia. Cooperative Research Centre for Coastal Zone, Estuary and Waterway Management (Coastal CRC). pp. 19-29
One fish, two fish, IUU and no fish: unreported fishing worldwide
Metuzals, Kaija, Baird, Rachel, Pitcher, Tony, Sumaila, U. Rashid and Ganapathiraju, Pramod. 2010. "One fish, two fish, IUU and no fish: unreported fishing worldwide." Grafton, R. Quentin, Hilborn, Ray, Squires, Dale, Tait, Maree and Williams, Meryl J. (ed.) Handbook of marine fisheries conservation and management. Oxford, United Kingdom. Oxford University Press. pp. 165-181
Arrests in a cold climate - a tale of hot pursuit and other adventures on the Southern Ocean
Baird, Rachel. 2007. "Arrests in a cold climate - a tale of hot pursuit and other adventures on the Southern Ocean." Antarctic and Southern Ocean Law and Policy Occasional Papers. Paper 11 (Special edition), pp. 1-37.
CCAMLR initiatives to counter flag state non-enforcement in Southern Ocean fisheries
Baird, Rachel. 2005. "CCAMLR initiatives to counter flag state non-enforcement in Southern Ocean fisheries." Victoria University of Wellington Law Review. 36 (4), pp. 733-755.
Australian government imposes custodial sentence for illegal foreign fishers
Baird, Rachel. 2006. "Australian government imposes custodial sentence for illegal foreign fishers." Environmental and Planning Law Journal. 23 (4), pp. 253-259.
Aspects of illegal, unreported and regulated fishing in the Southern Ocean
Baird, Rachel. 2006. Aspects of illegal, unreported and regulated fishing in the Southern Ocean. Dordrecht . Springer.
World Heritage listing marine sites: a case study of the Australian Great Barrier Reef
Baird, Rachel. 2007. "World Heritage listing marine sites: a case study of the Australian Great Barrier Reef." Revue Juridique de l'Environnement.
Testing the waters: fine tuning the provisions of the Fisheries Management Act 1991 (Cth) applicable to foreign fishing boats
Baird, Rachel. 2004. "Testing the waters: fine tuning the provisions of the Fisheries Management Act 1991 (Cth) applicable to foreign fishing boats." University of Western Australia Law Review. 32 (1), pp. 63-82.
After 60 years - the United Nations and international legal order
Bantz, Vincent P., Baird, Rachel and Cassimatis, Anthony E.. 2006. "After 60 years - the United Nations and international legal order." University of Queensland Law Journal. 24 (2), pp. 259-278.
The trouble with foreign fishing vessels and their crew: is a vessel in the hand really worth two in the sea?
Baird, Rachel. 2006. "The trouble with foreign fishing vessels and their crew: is a vessel in the hand really worth two in the sea?" Public Law Review. 17 (4), pp. 253-256.
Corporate criminals and their involvement in IUU fishing: an Australian perspective
Baird, Rachel. 2005. "Corporate criminals and their involvement in IUU fishing: an Australian perspective." International Fisheries Law and Policy Review. 1 (3), pp. 170-187.
Coastal state fisheries management: a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone
Baird, Rachel. 2004. "Coastal state fisheries management: a review of Australian enforcement action in the Heard and McDonald Islands Australian Fishing Zone ." Deakin Law Review. 9 (1), pp. 91-118.
Arresting climate change through incremental steps: Massachusetts v Environmental Protection Agency
Baird, Rachel. 2007. "Arresting climate change through incremental steps: Massachusetts v Environmental Protection Agency." Environmental and Planning Law Journal. 24 (4), pp. 245-249.
Foreign fisheries enforcement: do not pass go, proceed slowly to jail - is Australia playing by the rules?
Baird, Rachel. 2007. "Foreign fisheries enforcement: do not pass go, proceed slowly to jail - is Australia playing by the rules?" University of New South Wales Law Journal. 30 (1), pp. 1-11.
Australia's response to illegal foreign fishing: a case of winning the battle but losing the law
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
Public interest litigation and the Environment Protection and Biodiversity Conservation Act
Baird, Rachel. 2008. "Public interest litigation and the Environment Protection and Biodiversity Conservation Act." Environmental and Planning Law Journal. 25 (6), pp. 410-424.
Ocean acidification: a litmus test for international law
Baird, Rachel, Stephens, Tim and Simons, Meredith. 2009. "Ocean acidification: a litmus test for international law." Climate and Carbon Law Review.
Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice
Baird, Rachel. 2009. "Arrests in a cold climate (Part 2) - shaping hot pursuit through state practice." Antarctic and Southern Ocean Law and Policy Occasional Papers. 13, pp. 1-21.
The Antarctic Treaty system and Japan's scientific whaling in the Southern Ocean - is there an obligation to protect the Antarctic marine ecosystem?
Baird, Rachel. 2008. "The Antarctic Treaty system and Japan's scientific whaling in the Southern Ocean - is there an obligation to protect the Antarctic marine ecosystem?" Asia Pacific Journal of Environmental Law. 11 (3-4), pp. 193-206.
They said they'd never win: Humane Society International Inc v Kyodo Senpaku Kaisha Ltd
Baird, Rachel and Le Feuvre, Chantal. 2008. "They said they'd never win: Humane Society International Inc v Kyodo Senpaku Kaisha Ltd ." Asia Pacific Journal of Environmental Law. 11 (3-4), pp. 147-158.