Australia's response to illegal foreign fishing: a case of winning the battle but losing the law

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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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.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author's version deposited in accordance with the copyright policy of the publisher (Brill).
Depositing User: Dr Rachel Baird
Faculty / Department / School: Historic - Faculty of Business - School of Law
Date Deposited: 04 Mar 2010 12:15
Last Modified: 02 Jul 2013 23:41
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
Socio-Economic Objective (SEO2008): D Environment > 96 Environment > 9699 Other Environment > 969999 Environment not elsewhere classified
Identification Number or DOI: doi: 10.1163/092735208X272292
URI: http://eprints.usq.edu.au/id/eprint/6991

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