Abstract
The proposed project intends to look at the various mechanisms that can be employed to enforce fisheries management measures at sea. Traditionally, enforcement on the high seas has been the prerogative of the flag state of the vessel concerned. However, flag states have been negligent in fulfilling their duties in this respect. Inadequate flag state control not only has endangered the viability of many fisheries on the high seas, but also in the exclusive economic zones (EEZs) of certain coastal states. Overfishing on the high seas in many cases also impacts adversely on fisheries resources inside the EEZ. Moreover, fishing vessels may engage in illegal fishing in the EEZ. Especially developing countries lack the capabilities to effectively control fishing activities within their EEZs. Particularly since the 1990s states have been looking at the enhancement of flag state and coastal state enforcement mechanisms and the possibilities of using additional mechanisms, such as port state control. The project will not look in detail at enforcement measures not directed directly at vessels, such as trade-related measures. In view of these issues, the objectives of the project proposal are: · to determine the content and status of the current customary international legal regime relating to enforcement of fisheries conservation and management measures by flag and non-flag states; · to critically evaluate existing enforcement mechanisms both in respect of the high seas and EEZs; · to develop proposals for new, more effective mechanisms which are consistent with current customary international law; and to identify shortcomings in the current customary legal regime and to develop proposals for the further development of the law in order that it may ultimately provide for a truly effective global system of enforcement of fisheries conservation and management measures.
Netherlands