Illegal, Unreported, and Unregulated Fishing Governance in Disputed Maritime Areas: Reflections on the International Legal Obligations of States

Abstract

Illegal, unreported, and unregulated (IUU) fishing in the disputed maritime areas causes significant damage to the marine ecology and authorized fisheries, increases the risk of conflicts among disputed states, and violates human rights at sea. Both unilateral measures and cooperative governance for IUU fishing are often inadequate in these areas. In light, this study aims to clarify the regulatory obligations of relevant states and explore feasible solutions based on international cooperation to promote IUU governance in disputed areas worldwide. The rapidly evolving international fisheries legal framework requires that states, such as coastal states, flag states, port states, or market states, fulfill their respective obligations to prevent and deter IUU and that the presence of disputes in a specific maritime area does not typically constitute grounds for derogation from these obligations or exemption from possible state responsibility. However, the implications of the conflicting claims in disputed maritime areas should be taken into consideration while interpreting and applying international legal rules. Therefore, this study suggests that regional and inter-regional cooperation is necessary for states to fulfill their obligations to regulate IUU fishing and prevent state responsibilities under international law. Parties to the dispute, as well as third parties, are encouraged to participate in the cooperative mechanism in order to coordinate legislative and enforcement measures and advance the institutionalization of IUU fishing regulation in the disputed maritime areas, which will not only advances the effective governance of IUU fishing but also reduces tensions among the disputing states and contributes to the peaceful settlement of the dispute.