Involving Local Fishing Communities in Policy Making: Addressing Illegal Fishing in Indonesia

Illegal, Unreported and Unregulated (IUU) fishing has been identified by the UN as one of the seven major threats to global maritime security; it causes loss of economic revenue, severe environmental damage, and far-reaching livelihood implications for coastal communities. Indonesia, by far the biggest archipelagic state, faces enormous challenges in all aspects of IUU fishing and addressing those is one of the current Indonesian Government’s top priorities. This article addresses the under-researched dimension of how IUU fishing affects fishing communities. With the use of collage making focus groups with fishermen from different Indonesian fishing communities, the research highlights the interrelated environmental (depletion of resources), socio-economic (unbridled illegal activities at sea), cultural (favouritism) and political (weak marine governance) dimensions of IUU fishing as experienced at the local level. However, the research also indicates a strong will by fishermen to be seen as knowledge agents who can help solve the problem by better dissemination of information and cooperation between the local government(s) and the fishing communities. The article concludes by arguing for the involvement of local fishing communities in national and international policy making that addresses IUU fishing

Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method

Adopting the view that a more active participation of indigenous peoples in the trade of their knowledge assets would promote their socioeconomic development raises difficult questions of legitimacy and method. Questions of legitimacy are posed by the potentially modernising effects of development endangering traditional ways of indigenous peoples’ social organisation. Questions of method arise when studying how international law, including international economic law, could better contribute to furthering the development interests of indigenous peoples in the trade of indigenous cultural heritage (ICH). There will be many areas where modern law and indigenous custom collide. These questions are the focus of the first part of the paper. The second part studies international law’s potential to stimulate ICH trade for the sake of indigenous socioeconomic development. To this end, it first assesses how interests of indigenous peoples in trade and development of ICH are currently institutionalised in international economic law. The paper then examines whether preferential trade rules for indigenous cultural goods and services would be an adequate tool to advance the interests of indigenous peoples in ICH trade and development