Processing state’s regulatory responsibility for seafood legality: An age-long vacuum in international law?

Abstract Despite the significant strides made in international law to empower non-flag and non-coastal state jurisdiction, the main catalysts of fisheries regulation remain primarily connected to the location or nature of marine fishing. When seafood processing chains tainted by fraud and labour abuses become front and centre in public discussions, legal questions are raised about whether the international regime of fisheries jurisdiction is sufficient and whether a more explicit assurance of the processing state’s regulatory duty is warranted. To answer these questions, this article analyses the processing state’s regulatory responsibility for fisheries based on existing threshold concepts, jurisdictional foundations, and normative restraints established by international fisheries law. The study further draws on empirical evidence from the European Commission’s evaluation of the regulatory performance of processing states as a condition for border access approval for processed fish products. In conclusion, the article calls for better clarity and responsiveness in the development of international fisheries law with respect to the processing state’s specific regulatory duty for global fisheries.