La eficacia de las Regulaciones para la Protección de los Derechos Humanos en Buques Pesqueros que Operan en Aguas Internacionales desde la Creación del Convenio del Trabajo en la Pesca (2007)

Abstract

This thesis examines the functional efficacy of the international framework regarding the protection of human rights on the high-seas fishing industry. By studying four emblematic cases involving vessels flagged under different States —the Lorongyu 2682 (China), the Ping Shin 101 (Taiwan), the Da Wang (Vanuatu), and the Philomena (United Kingdom)— we were able to illustrate that, despite the existence of a robust legal framework composed of treaties such as the Maritime Labour Convention (2006), the Work in Fishing Convention (2007), and the United Nations Convention of the Law of the Sea (1982), effective implementation remains insufficient. Based on the findings and, as a result of the applied methodology in the case study, the research reveals that the main factors contributing to this inefficacy include the States’ lack of political will, the absence of binding international enforcement mechanisms, and authorities’ institutional weakness. We were able to conclude that human rights in the high-seas continue to be neglected by States, and in that regard, we propose alternative solutions such as shared responsibility, self-regulation, and the strengthening of international organizations as viable solutions in the face of persistent State inaction and the inefficacy of the legal framework.