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10 results

  • Countermeasures and High Seas Fisheries Enforcement

  • Rosemary Rayfuse
  • Journal:
    Netherlands International Law Review / Volume 51 / Issue 1 / April 2004
    Published online by Cambridge University Press:
    26 April 2004, pp. 41-76
    Print publication:
    April 2004

  • Despite adoption by Regional Fisheries Organisations of numerous measures aimed at deterring, preventing and eliminating illegal, unreported and unregulated fishing, IUU fishing by vessels flagged in both member and non-member states continues. None of the reciprocal boarding and inspection schemes adopted by RFOs provides for a positive right of arrest, detention or prosecution by a non-flag state in the event the flag states fails or refuses to take such action itself. The law of countermeasures may, however, provide legal justification for at-sea measures including boarding, inspection and possibly arrest and prosecution by members of RFOs against non-flag vessels of both member and non-member states. Although by nature an exceptional remedy, where the criteria discussed in this article are fulfilled, countermeasures in the form of at-sea enforcement may be an effective, and legal, tool in the fight against IUU fishing.

ICSID Reports
  • Reports of Cases Decided under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, 1965
  • Volume 1
  • Edited by Rosemary Rayfuse
  • Published online:
    15 May 2015
    Print publication:
    01 January 1993
  • The World Bank Convention on the Settlement of Investment Dispute entered into force in 1965. An international dispute settlement system which is of great and growing importance, its reports have been published haphazardly in various periodicals, but are presented in these volumes in consolidated form for the first time, together with materials related to the ICSID cases from national courts around the world. All the decisions are presented in English with summaries, and are translated from other languages where necessary. This first volume contains materials relating to proceedings from 1975 to 1990, and is fully indexed.