Australia's Response to Illegal Foreign Fishing: A Case of Winning the Battle but Losing the Law?

Baird, Rachel J. (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, 23 154: 95-124. doi:10.1163/092735208X272292


Author Baird, Rachel J.
Title Australia's Response to Illegal Foreign Fishing: A Case of Winning the Battle but Losing the Law?
Journal name International Journal of Marine and Coastal Law   Check publisher's open access policy
ISSN 0927-3522
Publication date 2008-01-01
Sub-type Article (original research)
DOI 10.1163/092735208X272292
Open Access Status Not yet assessed
Volume 23
Issue 154
Start page 95
End page 124
Total pages 30
Editor Freestone, D.
Mangone, G.J
Place of publication Netherlands
Publisher Martinus Nijhoff
Language eng
Subject 180111 Environmental and Natural Resources Law
949999 Law, Politics and Community Services not elsewhere classified
C1
Abstract The right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.
Keyword Australian fisheries management
Illegal fishing
IUU fishing
Prompt release
Vessel forfeiture
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: 2009 Higher Education Research Data Collection
TC Beirne School of Law Publications
 
Versions
Version Filter Type
Citation counts: Scopus Citation Count Cited 6 times in Scopus Article | Citations
Google Scholar Search Google Scholar
Created: Wed, 15 Apr 2009, 03:01:38 EST