Forget gunboat diplomacy, here comes fishboat protest
In: (2023). Research Day Law and Criminology, Ghent, Belgium, 21 September 2023 . Faculty of Law and Criminology, Ghent University: Gent. , more
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Document type: Conference paper
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| Abstract |
As one of the oldest branches of international law, the law of the sea has a long history of reconciling the different uses of the oceans. Since ancient times, two of those uses have been fishing and military activities. While the freedom to fish is explicitly mentioned in the Law of the Sea Convention (LOSC), any mention of military rights was blocked by the maritime powers. These ambiguous formulations mean that the relationship between the right to fish on the one hand and the right to perform military activities on the other, is still subject to debate, especially in the Exclusive Economic Zone (EEZ). Since the start of the war in Ukraine and the increase of China’s threats to Taiwan, the international arena has seen a proliferation of military activities and exercises at sea. More and more, this has led to protests and angry responses from fishermen who see these activities as interfering with their legitimate right to fish at sea. The clash of rights comes down to the ambiguous regime of the EEZ and has led to different response among States, from simply ignoring complaints to adopting guidelines for activities at sea. In the end, the reciprocal duty of due regard for each other’s rights, duties and interests will prove vital to determine the outcome of this debate, leading to the most important question of all: What does this “due regard” concept entail? |
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