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Compliance enforcement in regional fisheries management organisations to which Australia is a party

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Clark, EA (2011) Compliance enforcement in regional fisheries management organisations to which Australia is a party. Research Master thesis, University of Tasmania.

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Abstract

One of the key problems facing regional fisheries management organisations (RFMOs) in the
twenty-first century is a lack of compliance by flag States. Non-compliance by both contracting
and non-contracting parties to RFMOs threatens the effectiveness of a regime which relies
almost entirely upon cooperation and the interests of individual States to function. The political
will of States to effectively address problems caused by non-compliance including, inter alia,
illegal, unreported and unregulated (IUU) fishing, has recently been deemed wanting.
This thesis is concerned with the need for better implementation of compliance enforcement
mechanisms by RFMOs to which Australia is a party (AusRFMOs). It examines the range of
compliance enforcement mechanisms available to RFMOs and evaluates how AusRFMOs are
currently tackling the problem of non-compliance. It recognises the difficulties faced by RFMOs
in implementing their mandate and demonstrates that policy and diplomatic avenues along with a
range of countermeasures may be, and have been, evoked by RFMOs to tackle flag State noncompliance.
This thesis concludes that AusRFMOs could improve their compliance enforcement across the
board. It demonstrates that despite the widespread adoption of mechanisms such as IUU vessel
lists, there remains a gap between the theoretical mandate of these organisations and their
adoption of measures to enable more effective enforcement. The thesis submits that AusRFMOs
must better utilise their enforcement capabilities if they are to fulfil the role envisaged for them
under the United Nations Convention on the Law of the Sea and other associated international
agreements. It concludes that AusRFMOs should take steps to move beyond their role as
cooperative entities towards an enforcement capacity if they are to make a real contribution to
achieving sustainable global fisheries.

Item Type: Thesis (Research Master)
Keywords: international, fisheries, compliance, enforcement, RFMOS
Copyright Information:

Copyright 2011 the Author - The University is continuing to endeavour to trace the copyright
owner(s) and in the meantime this item has been reproduced here in good faith. We
would be pleased to hear from the copyright owner(s).

Date Deposited: 05 Dec 2011 04:29
Last Modified: 15 Sep 2017 01:06
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