THE ILLEGALITY OF FISHING VESSELS 'GOING DARK' AND METHODS OF DETERRENCE. Issue 1 (January 2023)

• Record Type: Journal Article
• Authors: Bunwaree, Priyal
• Is Part Of: International and comparative law quarterly. Volume 72:Issue 1(2023)
• Page Start: 179
• Page End: 211
• Publication Date: 2023-01
• Subjects: public international law -- comparative law -- maritime law -- Automatic Identification System -- illegal fishing -- maritime insurance; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589322000525
• Languages: English
• ISSNs: 0020-5893

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.