State jurisdiction to investigate and try fisheries crime at sea
This article examines the various requirements for the exercise by a State of its enforcement jurisdiction to investigate instances of fisheries crime and its adjudicative jurisdiction to try fisheries crime cases. In the process, the jurisdictional bases available are identified, the extent of the powers available are determined and concrete examples provided. It concludes that the international law rules governing State jurisdiction over fisheries crime at sea do not place any insurmountable obstacle to the criminalisation, investigation and adjudication of acts of transnational organised fisheries crime. What is needed is a more positive attitude towards the complexities of State ocean jurisdiction and the existing scope of the States’ duties towards the marine environment, and the marine living resources more specifically.
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