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Is there any other way? Port State jurisdiction as an alternative to the mandatory reflagging of deep water fishing vessels in New Zealand's EEZ

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thesis
posted on 15.11.2021, 08:38 by Curtis, Henry

This paper examines the recent changes in New Zealand to require fishing vessels operating in New Zealand waters to be exclusively New Zealand flagged ships, rather than foreign charter vessels as has been practiced to date. Drawing on scholarship regarding the increase in States using measures of port State jurisdiction to regulate foreign vessels throughout zones both in and outside their jurisdiction, the paper asks the question; can a State regulate foreign fishing vessels in its EEZ in a manner consistent with its ability to regulate its own vessels? After establishing the scope of jurisdiction a State holds over vessels in its respective maritime zones (including its ports), this paper goes on to examine the cases of abuse, substandard vessel conditions, and underpayment of workers highlighted on foreign fishing vessels in New Zealand and their possible regulation. The paper ultimately concludes that the application of port State jurisdiction is limited in its ability to regulate foreign EEZ fishing vessels. While some aspects of foreign vessel operation in the EEZ can be regulated to the same extent as domestic vessels, the nature of some offences on board foreign fishing vessels leaves them beyond the jurisdiction of the coastal State.

History

Copyright Date

01/01/2014

Date of Award

01/01/2014

Publisher

Victoria University of Wellington - Te Herenga Waka

Rights License

Author Retains Copyright

Degree Grantor

Victoria University of Wellington - Te Herenga Waka

Degree Name

Master of International Relations

ANZSRC Type Of Activity code

970118 Expanding Knowledge in Law and Legal Studies

Victoria University of Wellington Item Type

Masters Research Paper or Project

Language

en_NZ

Victoria University of Wellington School

School of Law

Advisors

Mossop, Joanne