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

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.