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Author : Ellen Hey
Publisher : BRILL
Page : 670 pages
File Size : 47,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478381
Author : Ellen Hey
Publisher : Springer
Page : 680 pages
File Size : 53,6 Mb
Release : 1999-11-24
Category : Law
ISBN : UVA:35007003672635
Author : SIMONE VEZZANI
Publisher : CEDAM
Page : 527 pages
File Size : 43,5 Mb
Release : 2020-07-24
Category : Law
ISBN : 9788813375584
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.
Author : Nienke Van Der Brugt
Publisher : Martinus Nijhoff Publishers
Page : 432 pages
File Size : 42,8 Mb
Release : 2012-11-01
Category : Law
ISBN : 9789004196025
The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development centred approach, The Contribution of International Fisheries Law to Human Development, is essential reading for all those involved in the fields of international environmental law and sustainable human development.
Author : Guifang Xue
Publisher : Martinus Nijhoff Publishers
Page : 346 pages
File Size : 44,5 Mb
Release : 2005
Category : History
ISBN : 9789004148147
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.
Author : Mary Ann E. Palma,Martin Tsamenyi,William R. Edeson
Publisher : BRILL
Page : 368 pages
File Size : 47,8 Mb
Release : 2010
Category : Law
ISBN : 9789004175754
Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.
Author : Richard Caddell,Erik J Molenaar
Publisher : Bloomsbury Publishing
Page : 512 pages
File Size : 48,6 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509923366
This collection addresses the central question of how the current international framework for the regulation of fisheries may be strengthened in order to meet the challenges posed by changing fisheries and ocean conditions, in particular climate change. International fisheries law has developed significantly since the 1990s, through the adoption and establishment of international instruments and bodies at the global and regional levels. Global fish stocks nevertheless remain in a troubling state, and fisheries management authorities face a wide array of internal and external challenges, including operational constraints, providing effective management advice in the face of scientific uncertainty and non-compliance by States with their international obligations. This book examines these challenges and identifies options and pathways to strengthen international fisheries law. While it has a primarily legal focus, it also features significant contributions from specialists drawn from other disciplines, notably fisheries science, economics, policy and international relations, in order to provide a fuller context to the legal, policy and management issues raised. Rigorous and comprehensive in scope, this will be essential reading for lawyers and non-lawyers interested in international fisheries regulation in the context of profoundly changing ocean conditions.
Author : José A. Yturriaga
Publisher : BRILL
Page : 344 pages
File Size : 54,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479371
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.
Author : Francisco Orrego Vicuña
Publisher : Cambridge University Press
Page : 372 pages
File Size : 51,9 Mb
Release : 1999-03-04
Category : Law
ISBN : 0521641934
This book examines legal, economic and environmental developments including recent state and international practice.
Author : Alan E. Boyle,David Freestone
Publisher : Oxford University Press, USA
Page : 414 pages
File Size : 42,6 Mb
Release : 2001
Category : Business & Economics
ISBN : 0199248079
International Law and Sustainable Development: Past Achievements and Future Challenges is a collection of essays that cover some of the most important contemporary issues in contemporary law relating to sustainable development, the utilization of natural resources, and the protection of theenvironment. Written by well-known experts on these topics who include judges of the International Court of Justice and the International Tribunal for the Law of the Sea; legal advisers from international organizations such as the World Bank, the International Maritime Organization, and the Food andAgriculture Organization; and practitioners of international law, as well as some of the leading scholars writing on international environmental law and related subjects this book covers many of the major legal developments that have taken place since the United Nations Conference on EnvironmentalDevelopment held in Rio de Janeiro in 1992.The contributors bring new perspectives on sustainable development as a legal principle, the role of the International Law Commission in codifying international environmental law, the protection of the marine environment following the entry into force of the 1982 UN Convention of the Law of the Sea,and the revolution in international fisheries law. The editors have ensured that the book covers a wide range of topics from Antarctica to small whales and the book will be of particular interest to those teaching or practising law of the sea and international environmental law.
Author : Dawn A. Russell,David L. VanderZwaag
Publisher : Martinus Nijhoff Publishers
Page : 574 pages
File Size : 46,8 Mb
Release : 2010-10-25
Category : Business & Economics
ISBN : 9789004174405
This volume reviews and critiques efforts to recast governance of marine fisheries on the basis of sustainability principles (e.g., precautionary and ecosystem approaches), with a focus on Canada’s transboundary fisheries management arrangements, and surveys international laws and policy developments governing transboundary fisheries.
Author : Nienke van der Burgt
Publisher : Martinus Nijhoff Publishers
Page : 431 pages
File Size : 54,6 Mb
Release : 2012-11-01
Category : Law
ISBN : 9789004196032
The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development–centred approach, The Contribution of International Fisheries Law to Human Development is essential reading for all those involved in the fields of international environmental law and sustainable human development.
Author : Chen-Ju Chen
Publisher : Springer Science & Business Media
Page : 254 pages
File Size : 43,7 Mb
Release : 2010-09-17
Category : Law
ISBN : 9783642156939
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.
Author : Till Markus
Publisher : Europa Law Publishing
Page : 190 pages
File Size : 51,6 Mb
Release : 2009
Category : Fishery law and legislation
ISBN : 9089520031
The EC's Common Fisheries Policy (CFP) was established to ensure that the exploitation of living aquatic resources in EC waters and by EC fisheries is carried out at sustainable levels. However, since its inception in 1970, the CFP has pursued conflicting objectives. On one hand, it has tried to manage fisheries by establishing and implementing a complex system of conservation, control, and enforcement measures. On the other hand, it has heavily subsidized its fisheries sector to secure food supplies, increase employment and the sector's competitiveness, as well as to further economic development in coastal regions. Given that many fish stocks exploited by EC fisheries are overfished and catches continue to decline, it could be argued that EC management and promotion measures have generally failed. Conservation measures - such as total allowable catches, effort restrictions, and technical measures - often encourage fishing at unsustainable levels. Control and enforcement measures have lacked effectiveness. On the other hand, in many cases, subsidies have increased fishing and processing capacities of the EC's fisheries industry. High capacity in the sector, however, demands high catch rates, thus putting pressure on marine capture resources. It has only been recently that the CFP has really begun to adjust its support practices to correspond to the situational and legal management requirements. Nevertheless, such subsidization continues even under the new European Fisheries Fund. This book: (a) explains and make accessible the CFP's complex management and promotional regimes, (b) identifies problems and failures in both systems, (c) assesses whether CFP measures are coherent as well as consistent with higher ranking law, and (d) finds out how consistency between promotion and management can be increased.
Author : Darren S. Calley
Publisher : Martinus Nijhoff Publishers
Page : 301 pages
File Size : 41,7 Mb
Release : 2011-10-14
Category : Law
ISBN : 9789004202788
Resting on the simple logic of market economics, this book considers the ways in which groups of States can lawfully and effectively deny market access to the flag of convenience fishing industry.