Emerging threats and contemporary issues under maritime security law

Abstract

This thesis examines the newly emerging threats to maritime security: illegal, unreported and unregulated fishing and intentional and unlawful damage to the marine environment. The threat of illegal, unreported and unregulated fishing is a matter of global concern which effects not only marine species and marine biodiversity but also legitimate fishermen and the global economy. Despite its negative repercussions, there is still no legal definition for such term. In fact, the most comprehensive definition attributed to this term is that found in the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. Although multiple legal instruments are in force to combat illegal, unreported and unregulated fishing, this illicit activity is still on the rise. Out of the several instruments examined, only the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing and the Illegal, Unreported and Unregulated Fishing Regulation make an explicit reference to the term illegal, unreported and unregulated fishing. Other instruments such as the 1982 United Nations Convention on the Law of the Sea and the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas provide measures which are aimed to preserve the marine environment in general. These instruments may therefore not be adequately addressing this maritime security threat. The maritime security threat of intentional and unlawful damage to the marine environment, most notably dumping is also considered as a grave interference to the marine environment and like the maritime security threat of illegal, unreported and unregulated fishing, its negative effects extend not only to the marine environment but also to the health and livelihoods of people. Although international and regional instruments are in place, none of these instruments make an explicit reference to the term intentional and unlawful damage to the marine environment.