Illegal Fishing: Analysis of MV Nika Case in International Criminal Law Perspective
Year: 2024
Type: article
Abstract: Illegal, Unreported, and Unregulated (IUU) fishing poses a significant threat to global marine ecosystems, economic sustainability, and maritime security. The case of the MV Nika, a vessel implicated in transnational illegal fishing activities, highlights the complex legal and jurisdictional challenges faced in addressing maritime crimes under international law. This paper analyzes the MV Nika case from the perspective of international criminal law, exploring the extent to which such activities can be framed within existing legal instruments and accountability mechanisms. While traditionally treated as a regulatory or administrative offense, illegal fishing increasingly overlaps with organized transnational crime, involving document fraud, labor exploitation, and environmental harm. The analysis considers whether IUU fishing, in cases like MV Nika, meets the threshold of crimes under international law or can be prosecuted under frameworks addressing transnational organized crime, such as the United Nations Convention against Transnational Organized Crime (UNTOC). It also explores the applicability of maritime conventions including the United Nations Convention on the Law of the Sea (UNCLOS) and the role of flag states and port states in enforcing legal norms. This study argues for a broader interpretation of international criminal law to incorporate serious environmental crimes, particularly when they are systemic and transnational in nature. The MV Nika case serves as a critical example of the legal and enforcement gaps that persist. Strengthening international cooperation, closing jurisdictional loopholes, and integrating environmental crimes into the international criminal law agenda are essential steps toward ensuring accountability and protecting global marine resources.
Language: English
Subfield: Transportation
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415149125
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