Illegal, Unreported, And Unregulated Fıshıng Conducted By Foreıgn Vessels In Somalıa And Its Implıcatıons For The Natıonal And Internatıonal Legal Framework

Abstract

Somalia's vast waters, exacerbated by weak governance, political instability, and inadequate law enforcement, are a major source of IUU fishing, causing significant financial losses annually. Following the 1991 Somali civil war, illegal foreign fishing exploited the chaos, and its vessels have impacted Somali EEZ fisheries conservation, reducing fish populations and marine habitats and posing a threat to ecosystems, social life, and communities. IUU fishing is a serious problem that affects the economy, society, the environment, and marine ecosystems in Somalia. Its combating requires a multi-sided approach involving international instruments and mutually reinforcing measures tailored to different responsibilities of nations. This approach should include strengthening legal frameworks, enhancing surveillance and enforcement capabilities, and promoting sustainable fishing practices among local communities. Additionally, fostering regional collaboration and engaging stakeholders can help ensure the long-term viability of Somalia's marine resources. The thesis considers the broader implications of some sources linking the legal consequences of foreign IUU fishing in Somali territorial seas to Somalia's 200-nm claims as a justification. While UNCLOS rules, as part of customary international law, necessitate State practice and opinio juris, referring to a State's legal obligation to comply. The coastal State's sovereignty over natural resources is widely accepted, despite doubts about the precise rights and obligations of the EEZ regime. Somalia enforces global, regional, and domestic laws to combat IUU and related crimes within its territorial waters; implementing fisheries laws improves resource management, legal system effectiveness, and protection for fishing communities. Somalia complies with international maritime legal frameworks, including the UNCLOS and FAO Port-State Measures Agreement, which encourage collaboration between flag, coastal, market, and port States to stop IUU fishing and advance its own conservation measures. However, mistreatment might occasionally arise throughout the implementation of these procedures between the regional and international levels of law enforcement. With a focus on treaties, international and regional conventions, and their instruments—such as UNCLOS, UNFSA, FAO compliance agreements, PSMA, and IPOA-IUU—the study analyzes the legal implications of foreign IUU fishing in Somalia on a national and international level. It highlights Somali sea law, regional cooperation, and strengthening monitoring, control, and surveillance systems in maritime law enforcement to combat foreign IUU fishing in Somalia. 94 The findings highlight how urgently coordinated and efficient actions are needed to protect the Somali fishery sector's capacity to stop unlawful operations, which is hindered by insufficient law enforcement and governance