Rethinking international fisheries law through the lens of IUU fishing: pathways to sustainable fisheries

Tien, Chin-Chia (2021) Rethinking international fisheries law through the lens of IUU fishing: pathways to sustainable fisheries. PhD thesis, University of Glasgow.

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Abstract

This thesis is a reflection on the global phenomenon that is illegal, unregulated, and unreported fishing (IUU fishing). IUU fishing is an unsustainable form of fishing that evades fisheries regulations, undermines conservation and management measures, creates unfair competition for fisheries that obey the laws, damages marine biodiversity, degrades the marine environment in general, and also has further criminal implications which can escalate into humanitarian crisis and national security issues. From these reasons, the international community has attempted to curb the wave of crime through a growing body of international law instruments and regimes. However, it is evident that most of these attempts are adopted reactively, in a crime fighting mindset that fails to tackle the problem at its roots.

This thesis aims at looking precisely at those roots, analyzing the business models of the fishing industry, our perceptions towards the ocean and fish, and the production of scientific knowledge. These elements created a socially constructed environment where IUU fishing is possible. Under the scope of international law, this can be seen in the fragmented, piecemeal regulations for fisheries that are spread across multiple regimes, and the weak efforts of implementation or enforcement of such regimes.

This thesis will also argue that in order to reverse this undesirable situation and prevent the continuation of IUU fishing, we must rethink how international law approaches the oceans, affirm the fact that fish is a part of the larger concept of marine biodiversity and marine environment, and that we humans need the fish to survive, not just in a nutritional sense, but simply as living beings that have intrinsic value just by existing.

Item Type: Thesis (PhD)
Qualification Level: Doctoral
Subjects: K Law > K Law (General)
S Agriculture > SH Aquaculture. Fisheries. Angling
Colleges/Schools: College of Social Sciences > School of Law
Supervisor's Name: Tams, Professor Christian and Devaney, Dr. James
Date of Award: 2021
Depositing User: Theses Team
Unique ID: glathesis:2021-82559
Copyright: Copyright of this thesis is held by the author.
Date Deposited: 09 Nov 2021 11:19
Last Modified: 09 Nov 2021 11:23
Thesis DOI: 10.5525/gla.thesis.82559
URI: http://theses.gla.ac.uk/id/eprint/82559

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