The Next Bastion in Combating IUU Fishing: The Role of Nationality Jurisdiction in CCAMLR & Beyond

Dr Arron Honniball1, Mr Valentin Schatz2

1Centre For International Law (CIL), National University Of Singapore, Singapore, Singapore, 2Faculty of Law, Universität Hamburg, Hamburg, Germany

Illegal, Unreported and Unregulated (IUU) fishing represents a threat to global fisheries sustainability and maritime security, incorporating large-scale and highly mobile environmental, economic, and social concerns. In terms of fisheries governance, the threat from illegal fishing is often not a lack of rules and standards on the international, regional, and domestic level but rather vessels avoiding compliance with relevant conservation and management measures through their choice of jurisdictions. This in turn results from implementation failures and a general lack of enforcement by flag, coastal, port and market states, and states of nationality. This presentation will focus on the role of the state of nationality, whose jurisdiction was long held by global instruments as a complimentary means of eliminating IUU fishing but has been highlighted only to a limited extent in state practice. In this respect, the presentation will focus on the practice of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and its member states as a leader in combating IUU fishing. The authors suggest the last decade has been demonstrative of at least three key developments in the contemporary use of the active nationality principle of jurisdiction to address IUU fishing.


Biography:

Dr Arron N Honniball is a Research Fellow at the Centre for International Law, National University of Singapore. His educational background includes a Bachelor of Laws from University College London, a Master of Laws in public international law at Utrecht University, and in March 2019 Arron defended his PhD at Utrecht University, entitled, ‘Extraterritorial Port State Measures: The basis and limits of unilateral port state jurisdiction to combat illegal, unreported and unregulated fishing’. Current interests and publications primarily concern issues of jurisdiction, while future areas for exploration include, among others, autonomous vessels or the regulation of vessels’ greenhouse gas emissions.

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