Inducing state compliance with international fisheries law: lessons from two case studies concerning the Republic of Korea’s IUU fishing

Hyun Jung Kim ()
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Hyun Jung Kim: Yonsei University

International Environmental Agreements: Politics, Law and Economics, 2019, vol. 19, issue 6, No 7, 645 pages

Abstract: Abstract Despite the expansion of international fisheries law, fish stocks are still threatened by illegal, unreported and unregulated (IUU) fishing. An inevitable question arises: What can be done to better induce state compliance with international fisheries law? This article reveals a factor affecting compliance with international fisheries law that had not yet been explored in the compliance studies literature: the processes for implementing that law. It notes that one actor’s implementation processes may enhance other actors’ compliance with international fisheries law if the processes aim to affect others’ behaviour and others conform to them. Accordingly, the purpose of this article is to identify conditions under which the implementation processes have such a socialisation effect. These conditions are explored in two case studies concerning IUU fishing: that existing between the Republic of Korea and the European Union (2013–2015) and that between the Republic of Korea and the Commission for the Conservation of Antarctic Marine Living Resources (2011). The case studies show that, from an institutional perspective, the design of transparent implementation processes with dialogue between the actors involved is crucial and, in terms of social context, the international leverage and reputations of the implementing actor and the targeted actor, as well as collaboration with media and civil society, are also significant factors in the processes’ socialisation effect.

Keywords: IUU fishing; Fishery; Compliance; Implementation; Republic of Korea; International fisheries law (search for similar items in EconPapers)
Date: 2019
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DOI: 10.1007/s10784-019-09457-4

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