Modern Slavery and the Law of the Sea Proposal for a Functional Approach

Practices of modern slavery across maritime borders, such as human trafficking and forced labour in the maritime and fishing industries, are often unregulated and uncontrolled due to legal uncertainties and the lack of political will. This article discusses possibilities to re-interpret the United Nations Convention on the Law of the Sea to give a complementary role to non-flag States in controlling modern slavery practices at sea. In particular, it analyses the question as to whether a non-flag State may take prescriptive and enforcement measures against a foreign vessel suspected of modern slavery on the high seas.