Caught between flags and borders : Structural injustice in the transnational governance of migrant fishers

Nur, M. (2026) Caught between flags and borders : Structural injustice in the transnational governance of migrant fishers. Water Wheel.

Abstract

This paper interrogates the systemic enforcement failures in monitoring migrant fishers by critically examining the legal responsibilities of labour-sending and flag states within the framework of international human rights law, the law of the sea, and transnational labour regulation. Labour-sending states, while normatively empowered to regulate recruitment and working conditions through extraterritorial measures, frequently fail to meet their due diligence obligations due to institutional fragmentation and remittance-driven policy choices. Flag states, though vested with exclusive jurisdiction under Article 92 of UNCLOS, exploit open registries and fragmented oversight to evade enforcement, resulting in a profound accountability vacuum. Anchored in the principles of effective control, positive obligations, and structural injustice, this study shows how jurisdictional fragmentation enables states and private actors to circumvent liability, leaving migrant fishers in a persistent legal lacuna. The paper calls for a reconfiguration of the monitoring paradigm, shifting from fragmented, territorially bound enforcement to a polycentric model grounded in transnational legal accountability and binding obligations. Without structural change, the prevailing regime not only fails to prevent harm but structurally enables a transnational economy of exploitation at sea.