The International Law of Fisheries

The International Law of Fisheries : A Post - Classical Review and Assessment I. INTRODUCTION 1. The Relevance of Policy Science Almost a quarter - century has passed since the research for this study was completed .

The International Law of Fisheries

Antarctica is the last, most inhospitable frontier on earth, yet it presents a great number of unresolved conflicts between nations, individuals, environmentalists, scientists & business groups. The International Law of Antarctica addresses the crucial question of how international law can respond to claims that will certainly shape tomorrow's Antarctica. The author adopts a policy-oriented approach & focuses on the primary issue of determining the effective norms by which the process of value shaping & sharing develops in Antarctica, & to what extent such norms satisfy the prevailing aspirations of the world community. Where discrepancies are significant policies are proposed that may better meet such aspirations, as well as methods for their implementation. Part I of this study describes the social, power, & legal processes relating to Antarctica; reviews the geographic, technological, economic, & historical context in which these processes evolve, & how their special features affect such processes; & finally postulates the basic community policies with reference to which the process of claims & decisions in Antarctica are analyzed. Part II focuses on national claims to Antarctica by reviewing claims relating to the modes to establish exclusive appropriation of the area. Part III is a detailed examination of specific claims to Antarctica resources: claims to mineral & living resources, & claims relating to space-extension resources, namely, Antarctica sea & air space. It is concluded by an appraisal of the congruence of the existing order of Antarctica with the postulated basic policies, critically reviewing proposals for a new order, & advancing long-term & more immediate alternatives.

Jurisdiction in International Fisheries Law Evolving Trends and New Challenges

This book investigates the extent and nature of State jurisdiction (prescriptive, adjudicative and enforcement) in fisheries matters, and related problems of coordination.

Jurisdiction in International Fisheries Law  Evolving Trends and New Challenges

Through the ages, international fisheries law has been characterized by a dialectic between flag States and coastal States. The institution of the Exclusive Economic Zone marked a milestone in the seaward extension of coastal States’ powers. However, it has not brought the expected results, and coastal States have to a great extent failed to act as “trustees” of global fisheries. An emerging role in the fight against Illegal, Unreported and Unregulated fishing has been played by States in their quality as States of active nationality, port States, and market States. Multiple jurisdictional claims raise a number of complexities relating, inter alia, to double criminality, or respect for legality and ne bis in idem principles in the case of prosecution of fisheries crimes. This book investigates the extent and nature of State jurisdiction (prescriptive, adjudicative and enforcement) in fisheries matters, and related problems of coordination. It also discusses the role of Regional Fisheries Management Organizations in regulating fishing activities in different marine areas and in delimiting the States’ respective spheres of power. The entire investigation is functional to critically assessing to what extent the emergence of a new jurisdictional balance pursues the interests of States acting uti singuli, or the general interests of the international community as a whole.

Report on the International Law of Pacific Coastal Fisheries

... 5ENDAI COPYRIGHT I938 BY THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY PRINTED AND BOUND IN THE UNITED STATES OF AMERICA BY STANFORD UNIVERSITY PRESS Preface This report on the international law of fishery problems.

Report on the International Law of Pacific Coastal Fisheries

Report founded on Dr. Stefan Riesenfeld's scientific research on the international law of fishery problems--Cf. Pref.

The Changing International Law of High Seas Fisheries

29 , 1995 , 79 ; Julie R. Mack , “ International fisheries management : how the UN Conference on Straddling and Highly Migratory Fish Stocks changes the law of fishing on the high seas , ” California Western International Law Journal ...

The Changing International Law of High Seas Fisheries

This book examines the international law of high seas fisheries in the light of the negotiations of the Third United Nations Conference on the Law of the Sea, the State and international practice that followed and its influence on the 1995 Straddling Stocks Agreement. This Agreement and related developments are discussed in detail, particularly in terms of the interactions with the Exclusive Economic Zone and the introduction of environmental perspectives that have led to major conceptual changes in the legal approach to fisheries and practical solutions in the field.

The International Regime of Fisheries

This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.

The International Regime of Fisheries

Until recently, the international community failed to adopt either an agreed limit for the breadth of the territorial sea or a satisfactory regime of fisheries in the waters adjacent to the territorial sea. This provoked an eruption of unilateral acts by which coastal states extended their jurisdiction towards the high seas. The Third U.N. Conference on the Law of the Sea accepted the establishment of a 12-mile territorial sea and a 200-mile exclusive economic zone. While taking into account the non-existent rights and interests of the so-called geographically disadvantaged states and of states with broad continental shelves, the 1982 Convention on the Law of the Sea practically ignored existing rights and interests of habitual fishing states. It maintained the well-established principle of freedom of fishing on the high seas but with specific conditions. Dissatisfied with the Convention's regulation of fishing on the high seas, a few states elected to hold a U.N. Conference on Straddling and Highly Migratory Fish Stocks which adopted the 1995 Agreement for the implementation of the provisions of the Convention relating to the conservation and management of such stocks. Similarly, some of these states, like Chile, Argentina, and Canada, adopted legislation extending their jurisdiction beyond their respective 200-mile fishing or exclusive economic zones. This book explores these events in the historical development of the international regulations of fisheries and concludes with a look into recent developments in the area.

Towards Sustainable Fisheries Law

Notably, the same applies where fishing activities themselves seriously threaten the sustainability of such stocks.152 2.3 General international law As the UN Fish Stocks Agreement binds merely the contracting parties and applies to ...

Towards Sustainable Fisheries Law

With the growing scarcity of fish resources, instruments of fisheries management become crucial. This publication suggests a legal approach to this isssue, and focuses on six case studies: Indonesia, Kenya, Namibia, Brazil, Mexico and the EU. The case studies are preceded by an analysis of the international law requirements concerning fisheries management, with a focus on fisheries in Exclusive Economic Zones. The final part of the book summarises the case studies and develops a proposal for a 'legal clinic' for fisheries management.

The New International Law of Fisheries

Examining past and current experience, The New International Law of Fisheries considers the revolutionary changes in the international law of the sea that reached their final stages in the 1970s and discusses their impact on state ...

The New International Law of Fisheries

The call by the United Nations Conference on Environment and Development for New Negotiation to improve conservation of high seas fishing stocks again challenges the capacity of international law to cope with emerging problems. Examining past and current experience, The New International Law of Fisheries considers the revolutionary changes in the international law of the sea that reached their final stages in the 1970s and discusses their impact on state protection and customary law. It focuses upon the 1982 Convention on the Law of the Sea, particularly the provisions on the exclusive economic zone where the bulk of world fishing occurs, as well as the major international decisions on high seas fishing, including driftnets, the harvesting of particular species, including salmon, tuna, and marine mammals, and the states that occupy coastal areas of national jurisdiction and high seas. This new study should be of particular interest to international lawyers interested in environmental law and the law of the sea and to states where fishing plays a vital economic role.

Sustainable Fisheries Management and International Law

57 A detailed analysis of the MSY concept including its origin, evolution and status in international fisheries law is presented in Chapter 2, and how the concept has been adopted in the fisheries regime of Bangladesh is discussed in ...

Sustainable Fisheries Management and International Law

This book presents a comprehensive analysis of the legal and policy frameworks for marine fisheries management and examines the efficiency of the institutions responsible for the formulation, implementation and enforcement of marine fisheries laws and policies in Bangladesh. Sustainable management of marine fisheries is a complex, multi-dimensional and multi-stakeholder process that entails sustainable use of marine living resources and conservation of marine biodiversity. Offering a critical analysis to these frameworks that play a crucial role in the conservation and management of fish stocks in areas within and beyond national jurisdiction, this book examines inadequacies and implementation gaps in the legislative, policy and institutional frameworks that contribute to the unsustainable exploitation of marine fish stocks in Bangladesh. It recommends law and policy reform for conservation and sustainable management of marine fisheries in Bangladesh and the Bay of Bengal.

Fisheries Subsidies under International Law

nals to the industries by providing financial transfers that encourage increased fishing and at the same time offering ... Given the nature of fisheries subsidies and different international legal regimes,63 regulating fisheries ...

Fisheries Subsidies under International Law

Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.

International Law on Tuna Fisheries Management

Fisheries in 1995.437 Some experts concluded that, due to the prominence of the issue of IUU fishing, the IPOA-IUU ... 437 W. R. Edeson, International Plan of Action on Illegal Unreported and Unregulated Fishing: The Legal Context of a ...

International Law on Tuna Fisheries Management

Tuna and tuna-like species are migrating over long distances and cross national and international boundaries. Therefore, international cooperation is required in order to ensure sustainable management of the fisheries targeting these species. The book deals with the international legal framework for the management. It focuses on the Regional Fisheries Management Organizations (RFMOs), concentrating particularly on fisheries management in the Western and Central Pacific Ocean regions. It aims at providing a broader understanding of the international legal framework and to examine whether or not this framework enables tuna RFMOs and, in particular, the Western Central Pacific Fisheries Commission to manage their fisheries sustainably.

Fisheries Regulations Under Extended Jurisdiction and International Law

navigation ; nor do they deprive the flag state of its jurisdiction over that vessel , for example in the event of a collision , or even its right to punish the master and crew for violating coastal state fishing laws independent of any ...

Fisheries Regulations Under Extended Jurisdiction and International Law

This paper discusses two of the problems associated with the changes taking place in the international law of the sea. The first of these deals with the transit of fishing vessels through zones of national jurisdiction beyond the territorial sea. Transitting fishing vessels have an interest in expeditious transit and the coastal States have an interest in ensuring that the vessel is not fishing within its zone during transit passage. This conflict in interest is examined and various alternatives for resolving the conflict are appraised in terms of the international law of the sea. The second problem is that of the regulation of fishing for highly migratory species in high seas enclaves beyond national jurisdiction. The interests of fishing and coastal States are examined in the light of developments in customary and conventional international law. Although the problems discussed are of primary interest to the South Pacific States, they are also relevant to other regions of the world.

China and International Fisheries Law and Policy

Elferink observes that the LOSC regime for such waters is to be determined in accordance with customary international law.37Article 14 of the 1998 EEZ/CS Law provides that the provisions of “this law shall not affect the historic rights ...

China and International Fisheries Law and Policy

This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.

International Law

Straddling stocks380 The freedom to fish on the high seas is one of the fundamental freedoms of the high seas, ... 305; F. Orrego Vicuña, The Changing International Law of High Seas Fisheries, Cambridge, 1999; W. T. Burke, ...

International Law

The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

The International Law of EEZ Fisheries

The second part of the book evaluates the implementation of the international legal standards in five selected coastal states (Kenya, Namibia, Indonesia, Brazil, and Mexico) and the EC. It focuses on the determination of total allowable ...

The International Law of EEZ Fisheries

As fish stocks continue to decline worldwide, coastal States seem to have largely failed in effectively managing fisheries in their Exclusive Economic Zones (EEZs). This study examines the international legal principles for effective EEZ fisheries management and assesses their domestic implementation in a comparative perspective. The 1982 United Nations Convention on the Law of the Sea, as well as general international law, provides a useful range of norms for sustainable EEZ fisheries management, if carefully interpreted. These include the coastal State's obligation to ensure that the maintenance of the living resources in its EEZ is not endangered by over-exploitation. Additional obligations include the duty to maintain or restore populations of target species at sustainable levels, the determination of catch limits for stocks affected by exploitation, and the duty to apply the precautionary approach. In addition to such environmental requirements, issues of distributive justice and procedural fairness are also included in the analysis. The second part of the book evaluates the implementation of the international legal standards in five selected coastal states (Kenya, Namibia, Indonesia, Brazil, and Mexico) and the EC. It focuses on the determination of total allowable catch, the allocation of individual fishing authorizations, and the regulation of foreign access to EEZ fisheries as exemplary management measures.

The New Entrants Problem in International Fisheries Law

activity prompting the listing in question falls within the second limb of illegal fishing, it is possible that the vessel ... but because the incompleteness of the international legal system renders such relief not easily achievable or ...

The New Entrants Problem in International Fisheries Law

International agreements on allocation of fish stocks do not apply to other States - can they be prevented from upsetting hard-fought bargains?

China and International Fisheries Law and Policy

This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments.

China and International Fisheries Law and Policy