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Forget Gunboat Diplomacy, here comes Fishboat Protest

Authors: Rogiers, Frederik;

Forget Gunboat Diplomacy, here comes Fishboat Protest

Abstract

As one of the oldest branches of international law, the law of the sea has a long history of reconciling the different uses of the oceans. Since ancient times, two of those uses have been fishing and military activities. While the freedom to fish is explicitly mentioned in the Law of the Sea Convention (LOSC), any mention of military rights was blocked by the maritime powers. These ambiguous formulations mean that the relationship between the right to fish on the one hand and the right to perform military activities on the other, is still subject to debate, especially in the Exclusive Economic Zone (EEZ). Since the start of the war in Ukraine and the increase of China’s threats to Taiwan, the international arena has seen a proliferation of military activities and exercises at sea. More and more, this has led to protests and angry responses from fishermen who see these activities as interfering with their legitimate right to fish at sea. The clash of rights comes down to the ambiguous regime of the EEZ and has led to different response among States, from simply ignoring complaints to adopting guidelines for activities at sea. In the end, the reciprocal duty of due regard for each other’s rights, duties and interests will prove vital to determine the outcome of this debate, leading to the most important question of all: What does this “due regard” concept entail?

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Belgium
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Keywords

international law, fishing, military activities, due regard, law of the sea, Law and Political Science

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selected citations
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This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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