Tackling IUU Fishing: Developing a Holistic Legal Response

Abstract Illegal, unreported and unregulated (IUU) fishing is a global problem, which threatens marine ecosystems in addition to putting food security and regional stability at risk. It is often linked to major human rights violations and even organized crime. Legal measures, such as introducing monitoring and surveillance systems or denying services to vessels engaged in IUU fishing, are often implemented at national and international levels to combat such practices. Academics and economists have suggested that IUU fishing might be discouraged equally well by taking the profit out of it. Building on this premise, this article analyzes the extent to which the availability of liability insurance contributes to the problem of IUU fishing. To this end, an empirical study has been carried out, which supports the contention that vessels suspected of involvement in IUU fishing have no serious difficulty in obtaining liability insurance from the market and insurance sector, thereby inadvertently facilitating IUU fishing. The authors conclude that to deter IUU fishing, access to insurance for those involved in it should be restricted. Some success can be achieved if certain steps are taken to improve the risk assessment procedures of underwriters. However, it is advocated that the most effective approach would be the reform of European Union or domestic legislation and putting providers of liability insurance under a clear positive obligation to refuse cover to those involved in IUU fishing.