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  • THE ILLEGALITY OF FISHING VESSELS ‘GOING DARK’ AND METHODS OF DETERRENCE

  • Priyal Bunwaree
  • Journal:
    International & Comparative Law Quarterly / Volume 72 / Issue 1 / January 2023
    Published online by Cambridge University Press:
    11 January 2023, pp. 179-211
    Print publication:
    January 2023
    • Article
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  • Given recent data regarding fishing vessels switching off their Automatic Identification Systems (AIS) in the Western Indian Ocean, this article assesses the potential illegality of the practice by analysing national and international legislation. It shows that the enforcement of AIS laws is generally poor, and although these are becoming increasingly robust in some jurisdictions, the sanctions are not severe enough to act as deterrents. Furthermore, this article suggests that the insurance industry enables the practice of switching off AIS through weak due diligence practices. Insurers have a role to play in curbing such illegal behaviour, and it is not discretionary.