Law and Justice for the Oceans: Study on Illegal, Unreported and Unregulated Fishing and Related Crimes

Aryuni Yuliantiningsih,Emmy Latifah,Ade Maman Suherman,Hartiwiningsih Hartiwiningsih,N.A Prayogo,A Amron

doi:10.1051/e3sconf/20184706006

Abstract

This article examined the ethical and moral dimensions of Illegal, Unreported and Unregulated fishing and related crimes and explores the means to realize justice for the oceans. It needed a new paradigm for addressing the issues. The methods of discussion used statute approach and philosophical approach. Based on the research, it was known that IUU fishing related to other crimes and Transnational Organized Crime, so it was necessary to recognize the concept of transnational organized fisheries crime. The IPOA-IUU fishing and UNCLOS 1982 were not adequate to counter it. In the terms of ethics and morals, IUU fishing had violated the ecosystems ethics, the principles of sustainability, values of respect for human rights and justice for the oceans. Justice for the oceans can be realized with recognition of the ocean rights. It meant, the oceans was recognized had the equal position with humans. The oceans needed space to breathe and to breed for recovery itself. The legal consequences of the recognition of oceans rights, among others, extended the legal standing. It provided sanctions for perpetrators and provided obligations for States to protect the ocean rights.

Highlights

World consist of 70 % oceans and all human being depend on it for water supply, foods, weather and air
Almost 50% of population in the world straight depend on the ocean for livelihood, but the human activities drives it contaminated by the pollution, over exploitation, coastal degradation and the climate change, causes the ocean in crisis [1].The amount of human need and pressures toward ocean boost the extinction of such species and habitat such as fish, mangrove, seaweed and coral reef
It is estimated that 275 million metric tons (MT) of plastics waste exist in 192 coastal of states with the total 4.8 to 12.7 million MT entering the oceans [5].As well as the damage rate of mangrove is 3-5 times from the deforestation flow and the coral reefs damage in the world has 50% [6]

Summary

Introduction

World consist of 70 % oceans and all human being depend on it for water supply, foods, weather and air. This ethic creates the dominated relation of human on nature, which end up on large exploitation for human interest in short time [10] This anthropocentrism paradigm is necessary to be changed to realize the justice in ocean. The current paper has two purposes, first is reviewing the dimension of ethics and moral in IUU fishing practices and related crimes, and second is reviewing the ways to realize the justice for ocean as one of the ecosystems should be maintained. In overcoming the international demand which continually increase, the fishery entrepreneur sometime conducts the IUU fishing by waiving the moral and ethics as well as violates the human rights. These noble and great values that radiates and its function is to animate the norms of laws or other norms which real and factual applied and bound the international community [26]

Fishing communities

Findings

Conclusion