Abstract

Many African coastal States suffer the adverse impacts of illegal fishing in their exclusive economic zones. The situation is aggravated by the failure of States to act against violations of fisheries regulations by vessels flying their flag. In its advisory opinion of 2015, the International Tribunal for the Law of the Sea determined that a vessel’s flag State has a due diligence obligation to take necessary measures to ensure that vessels flying its flag comply with such regulations. However, due to the limitations imposed by international law on enforcement jurisdiction, a flag State may not be able to enforce its measures against persons located abroad. It is suggested that coastal States should also hold beneficial owners of vessels responsible for violations of their fisheries regulations. There are strong arguments under international law that the States in which the beneficial owners of fishing vessels are located have an obligation to take measures against such owners if their vessels engage in illegal fishing. Including vessel owner States in combating illegal fishing could make it more difficult for the persons benefiting from them to engage in such activities.