This study focuses specifically on the laws and regulations relating to commercial fishing within the Exclusive Economic Zone of South Africa and the impact of illegal fishing (IUU). The goal is to determine how overfishing can be stopped or minimised and ultimately for South Africa to harvest the illegally caught fish in such a way that it becomes part of the South African economy and generates revenue. The study will analyse the international legal instruments applicable and their impact on the development of the South African maritime laws. An in depth look at the relevant South African maritime laws will be vital as to determine if these laws are adequate to protect the fish resources from illegal exploitation and official mismanagement. To see if South Africa’s maritime laws are lacking with other countries a comparison must be done, particularly with a country like Australia that has one of the highest success rates when it comes to combating IUU fishing. It will be found that the international legal instruments and agreements on the use of the sea have afforded rights and powers to coastal states to protect their sea zones, but it will remains the responsibility of each coastal state to determine how it will use these rights and powers to protect its own sea zones. Further it will be shown that South Africa has the necessary legislative measures in place to protect its fish resources, but the problem lies with the implementation of those measures Australia does not only rely on its legislation to stop IUU fishing, but it also uses external methods, that South Africa will have to consider. / LLM (Import and export Law), North-West University, Potchefstroom Campus, 2014

This study focuses specifically on the laws and regulations relating to commercial fishing within the Exclusive Economic Zone of South Africa and the impact of illegal fishing (IUU). The goal is to determine how overfishing can be stopped or minimised and ultimately for South Africa to harvest the illegally caught fish in such a way that it becomes part of the South African economy and generates revenue. The study will analyse the international legal instruments applicable and their impact on the development of the South African maritime laws. An in depth look at the relevant South African maritime laws will be vital as to determine if these laws are adequate to protect the fish resources from illegal exploitation and official mismanagement. To see if South Africa’s maritime laws are lacking with other countries a comparison must be done, particularly with a country like Australia that has one of the highest success rates when it comes to combating IUU fishing. It will be found that the international legal instruments and agreements on the use of the sea have afforded rights and powers to coastal states to protect their sea zones, but it will remains the responsibility of each coastal state to determine how it will use these rights and powers to protect its own sea zones. Further it will be shown that South Africa has the necessary legislative measures in place to protect its fish resources, but the problem lies with the implementation of those measures Australia does not only rely on its legislation to stop IUU fishing, but it also uses external methods, that South Africa will have to consider. / LLM (Import and export Law), North-West University, Potchefstroom Campus, 2014