Illegal Southern Ocean Fishing and Prompt Release: Balancing Coastal and Flag State Rights and Interests

摘要: A feature of the new law sea introduced by 1982 United Nations Convention on Law Sea (LOS Convention),1 was capacity for coastal states to assert vast maritime claims over waters adjacent their coastlines. continental shelf could be claimed out a minimum 200 nautical miles,2 while newly recognized Exclusive Economic Zone (EEZ) also extended miles.3 The had previously been under 1958 Geneva Continental Shelf4 and so extension state sovereign rights seabed subsoil consistent with already existing principles. However EEZ, which gave living non-living resources sea-bed waters,5 initiative LOS represents one most significant contemporary expansions sovereignty. By contrast shelf, did not affect any pre-existing activities sea-bed, EEZ major impact upon fishing activities. As around world eagerly proclaimed EEZs, considered high seas areas available fishing6 were now within reach fisheries’ jurisdiction control. result has that international those exercise ‘freedom’ fishing,7 have gradually reduced. This regime, in combination parallel initiatives regulate some aspects activities, meant ‘legal’ is subject extensive regulation.