Chapter 7
Market-Based Measures Against Illegal,
Unreported and Unregulated Fishing
in Indonesian Waters
Dita Liliansa
Abstract While coastal States are responsible to protect, conserve and manage
living resources under their jurisdiction, flag States are responsible to ensure compliance by their nationals and vessels flying their flag to the coastal States’ conservation measures. However, flag States, who are supposedly having more access to
the identity of their vessels, are often left turning blind eyes to the Illegal, Unreported
and Unregulated fishing activities conducted by their vessels. Failure to reach a
common consensus on the meaning of a genuine link of a vessel has also contributed
to the lack of flag States’ control which has been identified as the root cause of IUU
fishing. Even though the odds seem to be in favour of the IUU fishing offenders,
recent developments have seen some improvements in the flag States’ commitment
after the European Union threatened them with a possible seafood ban for failing to
adopt more responsible steps to prevent, deter and eliminate IUU fishing by their
fleets. This chapter explores relevant market-based measures as possible tools to
deter IUU fishing in Indonesia as a representation of the global south that does not
have a market power comparable to the EU but is running out of options to put an
end to IUU fishing.
Most of the research were carried out during her prior appointment as a Junior Lecturer at the
Faculty of Law, Universitas Indonesia, and during a research stay at the Vrije Universiteit
Amsterdam.
D. Liliansa (*)
National University of Singapore, Centre for International Law, Singapore, Singapore
e-mail: cildl@nus.edu.sg
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_7
121
Market-Based Measures Against Illegal,
Unreported and Unregulated Fishing
in Indonesian Waters
Dita Liliansa
Abstract While coastal States are responsible to protect, conserve and manage
living resources under their jurisdiction, flag States are responsible to ensure compliance by their nationals and vessels flying their flag to the coastal States’ conservation measures. However, flag States, who are supposedly having more access to
the identity of their vessels, are often left turning blind eyes to the Illegal, Unreported
and Unregulated fishing activities conducted by their vessels. Failure to reach a
common consensus on the meaning of a genuine link of a vessel has also contributed
to the lack of flag States’ control which has been identified as the root cause of IUU
fishing. Even though the odds seem to be in favour of the IUU fishing offenders,
recent developments have seen some improvements in the flag States’ commitment
after the European Union threatened them with a possible seafood ban for failing to
adopt more responsible steps to prevent, deter and eliminate IUU fishing by their
fleets. This chapter explores relevant market-based measures as possible tools to
deter IUU fishing in Indonesia as a representation of the global south that does not
have a market power comparable to the EU but is running out of options to put an
end to IUU fishing.
Most of the research were carried out during her prior appointment as a Junior Lecturer at the
Faculty of Law, Universitas Indonesia, and during a research stay at the Vrije Universiteit
Amsterdam.
D. Liliansa (*)
National University of Singapore, Centre for International Law, Singapore, Singapore
e-mail: cildl@nus.edu.sg
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_7
121