Baird, Rachel (2008) Australia's response to illegal foreign fishing: a case of winning the battle but losing the law. International Journal of Marine and Coastal Law, 23 (1). pp. 95-124. ISSN 0927-3522
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Official URL: http://dx.doi.org/10.1163/092735208X272292
Identification Number or DOI: doi: 10.1163/092735208X272292
Abstract
The right of prompt release has been interpreted by ITLOS as a safeguard balancing the right of the coastal state to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag state to secure the release of detained fishing vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal states such as Australia have implemented increasingly harsh penalties aimed at deterring the fishers. This ppaer examines the automatic forfeiture regime under Australian legislation.
| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Additional Information: | Author's version deposited in accordance with the copyright policy of the publisher (Brill). |
| Uncontrolled Keywords: | illegal fishing, automatic forfeiture, law of the sea, coastal state rights |
| Fields of Research (FOR2008): | 18 Law and Legal Studies > 1801 Law > 180111 Environmental and Natural Resources Law |
| Subjects: | UNSPECIFIED |
| Socio-Economic Objective (SEO2008): | D Environment > 96 Environment > 9699 Other Environment > 969999 Environment not elsewhere classified |
| ID Code: | 6991 |
| Deposited By: | |
| Deposited On: | 04 Mar 2010 22:15 |
| Last Modified: | 17 Nov 2011 16:31 |
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