information from various RFMOs IUU vessels list and the United States’ report in
2011 which identified Belize as a “country of interest.”
114
4 Conclusive Remarks
Given the hardship in identifying beneficial owners of IUU vessels and the accumulative problems associated with non-complying flag States, curbing IUU fishing
requires a combination between the use of market-based measures and multilateral
cooperation. Regional or international actions are crucial to discourage IUU fishing
activities structurally. As Kofi Annan once said, “If crime crosses all borders, so
must law enforcement.”
115
Even though market-based measures are possible and legal, they must be
designed and carried out consistent with the applicable international law. Trade
restrictions on fish and fish products can have devastating effects on the identified
IUU fishing vessels, but they can also crush legitimate vessels when the restrictions
are extended to all vessels flying the flag of non-compliance. Therefore, trade
measures against entire fishing fleets of a State should be taken as a last resort
when such State completely and repeatedly disregards its duty to effectively ensure
its jurisdiction and control over ships flying its flag.
116
As a seafood exporting country which is also a victim of IUU fishing, Indonesia
can benefit from the EU market power by adopting comparable market-based
measures like the EU. Since many of the ASEAN countries are major seafood
producers who do seafood trade with the EU, ensuring that the market is free from
IUU products should be not only Indonesia’s interests but also other ASEAN
countries. Differing practices among neighbouring ASEAN countries could lead to
port shopping that would only work in favour of IUU offenders. Therefore, Indonesia must work together with at least its ASEAN counterparts to implement a
collective mechanism and standardised practices to curb IUU fishing.
114 See EC Decision of 15 November 2012 on Notifying the Third Countries that the Commission
Considers Possible of Being Identified as Non-Cooperating Third Countries Pursuant to Council
Regulation (EC) No 1005/2008 Establishing a Community System to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing, paras. 18 and 28; NOAA (2011).
115 Annan, Address at the Opening of the Signing Conference for the United Nations Convention
Against Transnational Organized Crime, Palermo, 12 December 2000.
116 UNCLOS, Art. 94(1).
138
D. Liliansa
2011 which identified Belize as a “country of interest.”
114
4 Conclusive Remarks
Given the hardship in identifying beneficial owners of IUU vessels and the accumulative problems associated with non-complying flag States, curbing IUU fishing
requires a combination between the use of market-based measures and multilateral
cooperation. Regional or international actions are crucial to discourage IUU fishing
activities structurally. As Kofi Annan once said, “If crime crosses all borders, so
must law enforcement.”
115
Even though market-based measures are possible and legal, they must be
designed and carried out consistent with the applicable international law. Trade
restrictions on fish and fish products can have devastating effects on the identified
IUU fishing vessels, but they can also crush legitimate vessels when the restrictions
are extended to all vessels flying the flag of non-compliance. Therefore, trade
measures against entire fishing fleets of a State should be taken as a last resort
when such State completely and repeatedly disregards its duty to effectively ensure
its jurisdiction and control over ships flying its flag.
116
As a seafood exporting country which is also a victim of IUU fishing, Indonesia
can benefit from the EU market power by adopting comparable market-based
measures like the EU. Since many of the ASEAN countries are major seafood
producers who do seafood trade with the EU, ensuring that the market is free from
IUU products should be not only Indonesia’s interests but also other ASEAN
countries. Differing practices among neighbouring ASEAN countries could lead to
port shopping that would only work in favour of IUU offenders. Therefore, Indonesia must work together with at least its ASEAN counterparts to implement a
collective mechanism and standardised practices to curb IUU fishing.
114 See EC Decision of 15 November 2012 on Notifying the Third Countries that the Commission
Considers Possible of Being Identified as Non-Cooperating Third Countries Pursuant to Council
Regulation (EC) No 1005/2008 Establishing a Community System to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing, paras. 18 and 28; NOAA (2011).
115 Annan, Address at the Opening of the Signing Conference for the United Nations Convention
Against Transnational Organized Crime, Palermo, 12 December 2000.
116 UNCLOS, Art. 94(1).
138
D. Liliansa