Engaging Asian States on Combating IUU Fishing: The Curious Case of the State of Nationality in EU Regulation and Practice

Abstract Global common concerns – including combating illegal, unreported and unregulated (IUU) fishing necessitate effective global action to avoid displacing illegal practices under-regulated jurisdictions. The response in international law has therefore included the obligation upon all states exercise jurisdiction, albeit with varying clarity regarding existence scope of duties for each jurisdictional basis. This article argues that, through its non-cooperating third country identification procedure, European Union (EU) sought unilaterally crystalize promote implementation an extraterritorial active personality-based jurisdiction over their own nationals engaged IUU fishing. is demonstrated analysis EU practice relating Asian remains true despite EU's procedure only formally targeting flag, port, coastal, market states. have improved laws governing fishing, but legal certainty arise.