THE ILLEGALITY OF FISHING VESSELS ‘GOING DARK’ AND METHODS OF DETERRENCE

IF 1.6 2区社会学 Q1 LAW

International & Comparative Law Quarterly Pub Date : 2023-01-01 DOI:10.1017/s0020589322000525

Priyal Bunwaree

引用次数: 1

Abstract

Abstract Given recent data regarding fishing vessels switching off their Automatic Identification Systems (AIS) in the Western Indian Ocean, this article assesses the potential illegality of the practice by analysing national and international legislation. It shows that the enforcement of AIS laws is generally poor, and although these are becoming increasingly robust in some jurisdictions, the sanctions are not severe enough to act as deterrents. Furthermore, this article suggests that the insurance industry enables the practice of switching off AIS through weak due diligence practices. Insurers have a role to play in curbing such illegal behaviour, and it is not discretionary.

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渔船“变黑”的违法行为及震慑方法

鉴于最近有关西印度洋渔船关闭自动识别系统(AIS)的数据，本文通过分析国家和国际立法来评估这种做法的潜在非法性。它表明，AIS法律的执行总体上很差，尽管这些法律在一些司法管辖区变得越来越有力，但制裁还不够严厉，不足以起到威慑作用。此外，本文认为保险业通过薄弱的尽职调查实践使关闭AIS的做法成为可能。保险公司在遏制此类非法行为方面有责任发挥作用，而且这不是随意的。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

International & Comparative Law Quarterly LAW-

CiteScore

3.20

自引率

10.00%

发文量

期刊介绍： The International & Comparative Law Quarterly (ICLQ) publishes papers on public and private international law, comparative law, human rights and European law, and is one of the world''s leading journals covering all these areas. Since it was founded in 1952 the ICLQ has built a reputation for publishing innovative and original articles within the various fields, and also spanning them, exploring the connections between the subject areas. It offers both academics and practitioners wide topical coverage, without compromising rigorous editorial standards. The ICLQ attracts scholarship of the highest standard from around the world, which contributes to the maintenance of its truly international frame of reference. The ''Shorter Articles and Notes'' section enables the discussion of contemporary legal issues and ''Book Reviews'' highlight the most important new publications in these various fields. The ICLQ is the journal of the British Institute of International and Comparative Law, and is published by Cambridge University Press.