How Law Lacks Influence On The Seas
- IJLLR Journal
- May 1
- 2 min read
Mantasha, IFIM Law School
ABSTRACT
The Ocean, a vast and inadequately regulated domain, has long enabled crimes like slavery, human trafficking, and forced labour to flourish beyond the reach of the justice. Despite international frameworks such as the United Nations Convention on the Law of the Sea and the International Labour Organisation’s Work in the Fishing Convention (C-188), maritime slavery persists due to jurisdictional loopholes, weak enforcement mechanisms and economic desperation. This article delves into the historical evolution of forced labour at sea, tracing its development from colonial-era indentured servitude to contemporary human trafficking within the global fishing industry. A critical examination of legal ambiguities reveals how practices such as Flags of Convenience enable shipowners to evade accountability while perpetuating exploitative conditions. Key case studies include the 2015 Thai Fishing Industry Scandal and the recent abuses within China’s Distant water fishing fleet, highlighting systemic failures in addressing forced labour at sea. Additionally, the India – Sri Lanka maritime labour crisis underscores the need for more effective regulation. The article evaluates existing international legal instruments and enforcement mechanisms, exposing their limitations and proposing pathways for reform. Recommendations include strengthening universal jurisdiction over maritime slavery, adopting technological monitoring solutions like AI-driven vessel tracking, and implementing stricter trade restrictions on seafood products linked to forced labour. These measures aim to enhance transparency and accountability in the maritime industry. Ultimately, eradicating modern slavery at sea requires coordinated global action, robust regulatory frameworks, and corporate accountability to safeguard the rights of vulnerable maritime workers. By addressing these systematic issues, it is possible to create a more equitable and just environment for those working in the global fishing industry. This research underscores the urgency of maritime governance reforms to protect the world’s most vulnerable workers.
