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The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?

This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to en...

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Main Author: Ogega, Peris B
Other Authors: Bradfield, Graham
Format: Thesis
Language:English
Published: University of Cape Town 2021
Subjects:
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access_status_str Open Access
author Ogega, Peris B
author2 Bradfield, Graham
author_browse Bradfield, Graham
Ogega, Peris B
author_facet Bradfield, Graham
Ogega, Peris B
author_sort Ogega, Peris B
collection Thesis
description This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to enforce these measures against foreign vessels. The aim of this dissertation is to recommend an expansion of port state enforcement jurisdiction over foreign vessels when fishing in the high seas. The expansion of port state jurisdiction supplements the role of flag states in enforcing the provisions of international conventions and agreements applicable in the high seas and also fills in where flag of convenience fishing vessels have failed to do so. To support this view, the dissertation will compare the issue of illegal unreported unregulated fishing with the issue of marine pollution. The significance of this comparison is to show how provisions in regard to marine pollution, have legitimized the expansion of port state jurisdiction to the extent that port states have enforcement jurisdiction over foreign flagged vessels which violate the provisions of LOSC relating to marine pollution in the high seas.
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institution University of Cape Town (South Africa)
language eng
last_indexed 2026-06-10T12:32:39.476Z
license_str Not specified — see source repository
provenance_str_mv Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository
publishDate 2021
publishDateRange 2021
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publisher University of Cape Town
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spelling oai:open.uct.ac.za:11427/32544 The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction? Ogega, Peris B Bradfield, Graham Shipping Law Maritime Law This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to enforce these measures against foreign vessels. The aim of this dissertation is to recommend an expansion of port state enforcement jurisdiction over foreign vessels when fishing in the high seas. The expansion of port state jurisdiction supplements the role of flag states in enforcing the provisions of international conventions and agreements applicable in the high seas and also fills in where flag of convenience fishing vessels have failed to do so. To support this view, the dissertation will compare the issue of illegal unreported unregulated fishing with the issue of marine pollution. The significance of this comparison is to show how provisions in regard to marine pollution, have legitimized the expansion of port state jurisdiction to the extent that port states have enforcement jurisdiction over foreign flagged vessels which violate the provisions of LOSC relating to marine pollution in the high seas. 2021-01-15T09:53:15Z 2021-01-15T09:53:15Z 2020 Master Thesis Masters LLM http://hdl.handle.net/11427/32544 eng application/pdf University of Cape Town School For Advanced Legal Studies Faculty of Law
spellingShingle Shipping Law
Maritime Law
Ogega, Peris B
The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
thesis_degree_str Master's
title The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
title_full The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
title_fullStr The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
title_full_unstemmed The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
title_short The use of port state measures as a tool of combating illegal unreported unregulated fishing: Is there a need for expansion of coastal state jurisdiction?
title_sort use of port state measures as a tool of combating illegal unreported unregulated fishing is there a need for expansion of coastal state jurisdiction
topic Shipping Law
Maritime Law
url http://hdl.handle.net/11427/32544
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