Study On IUU Fishing Regulations In Antarctic

Beginning in the 1970 s,IUU fishing(illegal,unreported,unregulated fishing)activities for krill and dogtooth in Antarctic waters increased on a large scale,resulting in a rapid decrease in the number of krill and dogtooth,which indirectly threatened the survival of other species in Antarctica.IUU fishing has become one of the important reasons for destroying Antarctic biological resources.In 1980,in order to conserve(including rationally use)Antarctic marine living resources,the Convention on the Conservation of Antarctic Marine Living Resources was passed,and the Antarctic Marine Living Resources Committee(CCAMLR)was established.Based on the special conditions of Antarctic waters,CCAMLR takes the "Conservation Convention" and CCAMLR as the core,innovates conservation and management mechanisms,and adopts multiple measures to regulate IUU fishing activities in Antarctic waters,setting a model for the establishment of IUU fishing regulatory mechanisms in other high seas.At the same time,due to the prevalence of IUU fishing in the high seas,in order to combat IUU fishing activities on a global scale,countries have formulated a series of international instruments and tools to combat IUU fishing through the United Nations and the Food and Agriculture Organization(FAO)and other organizations and forums.There are legally binding international law treaties,such as the 1993 Agreement,Fish Stocks Agreement,PSMA,etc.,as well as appealing international declarations that are voluntarily followed by countries,such as the "Code of Conduct for Responsible Fisheries." The above-mentioned international legal documents establish an international mechanism for regulating IUU fishing activities with flag states,port states,market states,and regional fisheries management organizations(RFMOs)as the main body.Although the above mechanisms have effectively regulated IUU fishing activities in the Antarctic waters and globally,there are still many problems and challenges under the current international legal framework.First,the relative effectiveness of the treaty creates a vacuum in law enforcement against non-parties.According to the principle of“no gains or losses from treaties to third countries”,various measures to regulate IUU fishing only have effect on international treaty parties or member states of RFMOs,and cannot restrict non-party states,which weakens the effectiveness of the regulatory mechanism.Second,the limitation of the jurisdiction of the flag state has led to the prevalence of the "flag of convenience" phenomenon.In order to evade the supervision of the flag state,IUU ships choose to register and register in countries with poor supervision capabilities,which makes it difficult for the IUU regulatory mechanism to play a practical role.Third,the principle of freedom of the high seas restricts the effective implementation of conservation and management measures.On the one hand,the principle of freedom of the high seas hinders the transformation of ecological concepts to conservation management;on the other hand,the principle of freedom of the high seas embodies the inequality of rights and obligations,which severely hinders the responsibility of countries in the world.In order to deal with the above problems,the international community should strengthen international cooperation and fill the loopholes in the IUU fishing regulatory mechanism in Antarctic waters by establishing high seas protected areas,adding "soft law" treaties or clauses,and adopting measures to restrict market trade.In addition,according to my country’s national conditions,my country has perfected its domestic fishery legal system in accordance with international laws,actively participated in Antarctic maritime affairs,deeply participated in international cooperation in Antarctic affairs,built an Antarctic community with a shared future,improved my country’s right to speak in the Antarctic region,and balanced my country’s offshore fisheries Develop and take into account the long-term development of Antarctic fisheries.IUU fishing in Antarctic waters is not only a regional issue,but also a global issue.All countries have the responsibility to take effective measures to regulate IUU fishing in Antarctic waters and conserve Antarctic marine living resources.