Contents

Acknowledgements

Acronyms and Abbreviations

Chapter One Introduction

1.1 The Present Study: the Problem, the Solution and the Methodology

1.2 The Structure of the Study

1.3 Necessary Omissions

Chapter Two The Flag of Convenience Industry: Its Historical and Economic Pedigree, Contemporary Context and Relationship to High Seas Fishing

2.1 Introduction

2.2 A Brief History of Flags of Convenience

2.3 The Economic Drivers of flags of Convenience

2.4 The Economic Incentives for States to Act as Flags of Convenience

2.5 Flags of Convenience and their Relationship with IUU Fishing

2.6 A Rogue State Come Good? How Belize is Cleaning Up its Act, but Vessel Owners Are Not

2.7 The On-going Links in the FOC Chain: Bolivia, Cambodia and Georgia

2.8 Conclusion

Chapter Three The Consequences of Flags of Convenience on the Marine Environment and Fisheries Sector

3.1 Introduction

3.2 How Great is the Problem of Flags of Convenience Fishing?

3.3 What Type of Environmental Damage is Caused by Flags of Convenience Vessels?

3.3.1 Longlines and Seabird Mortality

3.3.2 Purse Seine Fisheries and Dolphin Mortality

3.3.3 High Seas Bottom Trawling

3.4 The Impact on Individuals Employed in the Flag of Convenience Sector

3.5 Conclusion

Chapter Four The Laws of the Sea: The Legal Vacuum that has Created the Flag of Convenience Industry

4.1 Introduction

4.2 Exclusive Flag State Jurisdiction over Vessels: its Pedigree and Consequences

4.3 Vessel Registration: Can Vessels Chose Which Flag to Fly?

4.4 The Origins of the Genuine Link between Vessel and State

4.5 What is a Genuine Link?

4.6 A Dearth or the Death of the Genuine Link?

4.7 The Resurgence of the Genuine Link?

4.8 Conclusion

Chapter Five The Growing Use of Market Denial Strategies by Regional Fisheries Management Organisations

5.1 Introduction

5.2 The Basis for Regional Co-operation

5.2.1 The UN Convention on the Law of the Sea

5.2.2 The UNFAO Compliance Agreement

5.2.3 The UN Fish Stocks Agreement

5.3 Regional Attempts to Tackle IUU Activities

5.4 The ‘General Principles’ of Ocean Governance: The Code of Conduct for Responsible Fishing

5.5 Regional Implementation of the Code and the International Plans of Action

5.5.1 RFMO Mandates – Which Regional Bodies Have Taken on the Competence to Regulate the Wider Marine Environment?

5.5.2 Linking Environmental Measures with Market Denial

5.5.3 How Certain Regional Measures can be Undermined by Ports of Convenience

5.6 Market Related Deterrents to IUU/FOC Activities

5.7 Case Study: CCAMLR’s Catch Documentation Scheme

5.7.1 Practical Considerations of the CDS

5.7.2 The CDS and Environmental Harms

5.8 Conclusion

Chapter Six Multilateral Trade Measures: How CITES Could be Used in the Fight Against IUU Fishing

6.1 Introduction

6.2 The Workings of CITES

6.2.1 CITES as a Convention

6.2.2 CITES as an Institution

6.3 CITES and Fish Stocks

6.3.1 Case Study on Patagonian Toothfish

6.3.2 Case Study on Atlantic Bluefin Tuna

6.4 A Residual Role for CITES in Relation to Other Important Fish Stocks

6.4.1 The Technical Burden To Listing Commercially Exploited Aquatic Species

6.4.2 Implementation and Legal Issues Surrounding CITES and Fish Stocks

The “Look Alike” Clause

Split-Listing

6.4.3 Administrative, Economic and Social Implications

6.5 On-going Legal Aspects – “Introduction From the Sea”

6.6 The Inherent and Practical Limits to CITES

6.7 Conclusion

Chapter Seven International Trade Law: The WTO, GATT and Regional Free Trade

7.1 Introduction

7.2 The World Trade Organisation

7.3 The General Agreement on Tariffs and Trade

7.3.1 Article I: Most-favoured-nations

7.3.2 Article III: National Treatment

7.3.3 “Like” Products and the Product/Process Distinction

7.3.4 Article XI: Quantitative Restrictions

7.3.5 Article XX: General Exceptions

7.4 Shrimp-Turtle: Clarity in the Face of Defeat

7.5 The Agreement on Technical Barriers to Trade

7.6 The Applicability of WTO Rules to Multilateral Environmental Agreements

7.7 EC Council Regulation 1005/2008

7.7.1 Regulation 1005/2008 and Environmental Harms

7.8 Conclusion

Chapter Eight Conclusions

Appendix One Vessels Registration Movements to and from Belize between 2001–2005

Primary Source Referencing Materials

Global Treaties

International Organisations and their Proprietary Legislation

Regional Conventions and Legislation

Domestic Legislation

Table of Cases

Bibliography

Index