Fishing for interpretation: The ITLOS advisory opinion on flag state responsibility for illegal fishing in the EEZ

Research output: Journal contributionsJournal articlesResearchpeer-review

Authors

On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered its first full-bench Advisory Opinion. In its reply to the request of the West African Sub-Regional Fisheries Commission the ITLOS found that Arts. 62(4), 58(3), 192 of the United Nations Convention on the Law of the Sea contain obligations for a flag state to ensure that vessels flying its flag do not engage in illegal fishing in the exclusive economic zones of coastal states. The Advisory Opinion has widely been praised for bringing clarity to the inadequate international fisheries law regime. This article undertakes to analyze the ITLOS’s interpretive approach, expose interpretive deficiencies, and offer possible explanations for some of the outcomes where the ITLOS itself did not do so.

Original languageEnglish
JournalOcean Development and International Law
Volume47
Issue number4
Pages (from-to)327-345
Number of pages19
ISSN0090-8320
DOIs
Publication statusPublished - 01.10.2016
Externally publishedYes

Bibliographical note

Publisher Copyright:
© 2016 Taylor & Francis Group, LLC.

    Research areas

  • Due diligence, Flag state responsibility, Illegal fishing, International tribunal for the law of the sea
  • Law

Recently viewed

Publications

  1. Art 159: Composition, procedure and voting
  2. V/2. Ethisch
  3. Alternating forms of lock-in: Publishing digital news in the path of a free content culture.
  4. Implikationen der Digitalisierung für die Organisation
  5. Introduction: Manufacturing as a challenge in Industry 4.0 process
  6. User experience and behavior concerning digital scaffolding during EFL speaking practice
  7. Pivoting the Player
  8. Effectiveness of One Videoconference-Based Exposure and Response Prevention Session at Home in Adjunction to Inpatient Treatment in Persons With Obsessive-Compulsive Disorder
  9. Spatial variation in human disturbances and their effects on forest structure and biodiversity across an Afromontane forest
  10. Flexible and Adaptable Restoration
  11. Notizen zum Interview
  12. Evaluation of a temporal causal model for predicting the mood of clients in an online therapy
  13. Consequence evaluations and moral concerns about climate change
  14. Three-dimensional microstructural analysis of Mg-Al-Zn alloys by synchrotron-radiation-based microtomography
  15. The European Commission’s Expert Groups
  16. Students' Time Allocation and School Performance
  17. THE “CONSULTING DETECTIVE" NITHAN THONG-IN BY KING VAJIRAVUDH
  18. Tourismusräume
  19. Bioconversion of agri-food residues into lactic acid
  20. The self-sabotage of conservation
  21. Including software aspects in green IT
  22. Measuring plant root traits under controlled and field conditions
  23. Space-focused stereotypes and their potential role in group-based disparities in social work services
  24. Starker Bär und schneller Hirsch
  25. Grauzonen der Feldforschung
  26. Wirtschaften in Netzen
  27. Recent developments in the manufacture of complex components by influencing the material flow during extrusion
  28. Mathematik 1
  29. The programme on ecosystem change and society (PECS) – a decade of deepening social-ecological research through a place-based focus
  30. Power centres
  31. Time in Feminist Phenomenology
  32. Local Use of Antibiotics and their Input and Fate in a Small Sewage Treatment Plant
  33. Work values as predictors of entrepreneurial career intentions:
  34. Climate and land use change impacts on plant distributions in Germany
  35. Political parties in the new Europe
  36. BAuA-Arbeitszeitbefragung
  37. Imagination and Organization Studies
  38. Personal Values and Political Activism
  39. Evaluation and sustaining factors of machidukuri groups organized in relation with the 'hope plan'
  40. Promotion of interdisciplinary competence as a challenge for Higher Education
  41. The exporter productivity premium along the productivity distribution
  42. Nutrient enrichment increases invertebrate herbivory and pathogen damage in grasslands
  43. LEGU-MED