Author
Asst Prof Dr. Nutcha Sukhawattanakun
Organisation/Institution
Prince of Songkla University, Faculty of Law
Country
THAILAND
Panel
International Law
Title
The Discourses of Legal Action toward the Violent Activities of Illegal Fishing Vessel as Peril of the Sea: Narrative of Thailand and Korea
Abstract
Abstract Across the world from ancient to modern time, the utilities of the ocean in each country is differentiated by its purpose and popularity timely, FISHING ACTIVITIES, is one of the most important activities that significantly affect the income, economic and trading of each seaside states among the time of “Blue Economy Policy” by The World Bank. In the other hand, ILLEGAL FISHING ACTIVITIES can turn into not only the factor that destroys the marine environment and ecology, but also causes significant risk, loss and damage of life and property to the related "Maritime Law Enforcement Agency" like the Royal Thai Navy and Korean Coast Guard. In this paper we seek to arouse the interest in preventing loss of life and property of the related agency as well as marine life resources by discussing the hazardous fishing behavior of Illegal Fishing Fleets and the efforts of the government of Thailand and/or Korea to respond to it over two different areas and circumstances. Further, we focus on the legal trends that will be governed the Activities of Illegal Fishing Vessel not only the existing legal application like the Law of the Sea and the Use of Force but also look back in to the historical background of Illegal Fishing Activities in the past also the future challenge toward this issue. At present, Thailand is one of the oceanic areas being invaded by the Illegal Fishing Vessel domestically and regionally most likely over both side of the sea included “Gulf of Thailand” represent East Sea and “Andaman Sea” represent West Sea. Korea is also one of the dream destinations for Illegal Fishing Vessel especially the East seas as Korea Peninsular especially Yellow sea which is facing China Mainland Area currently encounter the same situation. We considered this situation as one of most risk and dangerous “Maritime Predator”. As a result of that, under Illegal Fishing Situation have interfered the officer who have a duty to patrol and combat against the Illegal Fishing Vessel. This article would compare over the distinctive legal and customary regulations toward this activity over the perception of predation at sea between two countries together with the expression of the serious problems such as the fighting back with the unidentified vessel, use of force and casualties of life also the effect to the marine environment. Keywords: Illegal Fishing, Plunder at Sea, Safety Life at Sea, Law of the Sea, Use of Force
Biography
Asst. Prof. Dr. Nutcha Sukhawattanakun (Doctor of Law in International Legal Studies) (SJ.D., School of Law, Golden Gate University, San Francisco) is the Full Time Law Lecturer, Faculty of Law, Prince of Songkla University (Songkhla, Thailand) teaching on the Law of the Sea, Maritime Law, Thai Legal History and International Anti- terrorism Law for bachelor degree curriculum there. Also Dr. Sukhawattanakun has been invited as the guest/visiting professor to teach the Maritime Law Course for the whole semester every Spring semester 4 years consecutively at Faculty of Law, Chulalongkorn University. Prior to joining the Faculty of Law, Dr. Sukhawattanakun was the Legal consultant specialize in Family Law Cases, U.S.A, San Francisco Legal Office. Prior to her senior Law Lecturer Status after almost 7 years of teaching, she participated in numerous international conferences and international forum presenting and expressing her idea through papers also the research projects, including issues related Law of the Sea, Private Maritime Law, Marine Environmental Law, Maritime Security and Legal History. She also served as the researcher of her law campus at Legal Research Department in the Law of the Sea and Environmental Law. Dr. Sukhawattanakun has also lectured extensively for Master of Law Degree Program in Research Methdology, Advanced English for Lawyer and Marine Logistic Law. Dr. Sukhawattanakun has also written extensively on maritime security and marine environment issues of many academic articles, published in Law Journal internationally. Throughout this 6 years, Dr. Sukhawattanakun had joined many of the international academic courses and seminars for instance the 2018 International Foundation of the Law of the Sea Summer Academy, Hamburg, Germany held by International Tribunal of the Law of the Sea (ITLOS) also the 9 th (2022) Yeosu Academy of the Law of the Sea Program, Yeosu, Republic of Korea held by Korean Maritime Institute (KMI). Lately in this September 2024, Dr. Sukhawattanakun was the only delegate from Thailand who was selected to join the Summer Academy of International Law Study or “SAILs” program held by the Korean National Diplomatic Academy, Seoul, Korea.
