The International Law Of Eez Fisheries

Author : Marion Markowski
Publisher : Unknown
Page : 0 pages
File Size : 53,5 Mb
Release : 2010
Category : Economic zones (Law of the sea)
ISBN : 908952004X

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The International Law of EEZ Fisheries by Marion Markowski Pdf

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.

Author : M. Dahmani
Publisher : BRILL
Page : 200 pages
File Size : 46,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478299

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The Fisheries Regime of the Exclusive Economic Zone by M. Dahmani Pdf

Author : José A. Yturriaga
Publisher : BRILL
Page : 344 pages
File Size : 51,6 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479371

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The International Regime of Fisheries by José A. Yturriaga Pdf

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 : 48,6 Mb
Release : 1999-03-04
Category : Law
ISBN : 0521641934

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The Changing International Law of High Seas Fisheries by Francisco Orrego Vicuña Pdf

This book examines legal, economic and environmental developments including recent state and international practice.

Author : SIMONE VEZZANI
Publisher : CEDAM
Page : 527 pages
File Size : 40,6 Mb
Release : 2020-07-24
Category : Law
ISBN : 9788813375584

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Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges by SIMONE VEZZANI Pdf

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 : Mary Ann E. Palma,Martin Tsamenyi,William R. Edeson
Publisher : BRILL
Page : 368 pages
File Size : 49,9 Mb
Release : 2010
Category : Law
ISBN : 9789004175754

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Promoting Sustainable Fisheries by Mary Ann E. Palma,Martin Tsamenyi,William R. Edeson Pdf

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 : Guifang Xue
Publisher : Martinus Nijhoff Publishers
Page : 346 pages
File Size : 48,8 Mb
Release : 2005
Category : History
ISBN : 9789004148147

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China and International Fisheries Law and Policy by Guifang Xue Pdf

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 : Douglas M Johnston
Publisher : Martinus Nijhoff Publishers
Page : 634 pages
File Size : 53,8 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004639263

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The International Law of Fisheries by Douglas M Johnston Pdf

Author : William T. Burke
Publisher : Oxford University Press, USA
Page : 442 pages
File Size : 51,7 Mb
Release : 1994
Category : Business & Economics
ISBN : UVA:35007000070593

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The New International Law of Fisheries by William T. Burke Pdf

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.

Author : Thomas Dux
Publisher : LIT Verlag Münster
Page : 551 pages
File Size : 46,9 Mb
Release : 2011
Category : Conflict of laws
ISBN : 9783643111272

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Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ) by Thomas Dux Pdf

This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)

Author : David D. Caron,Harry N. Scheiber
Publisher : BRILL
Page : 513 pages
File Size : 44,7 Mb
Release : 2004-09-01
Category : Law
ISBN : 9789047406297

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Bringing New Law to Ocean Waters by David D. Caron,Harry N. Scheiber Pdf

In this volume, leading scholars and jurists in ocean law provide perspectives on the past record of legal change together with analyses of a wide range of institutional and legal innovation that are needed to meet current challenges.

Author : Ellen Hey
Publisher : BRILL
Page : 670 pages
File Size : 40,6 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478381

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Developments in International Fisheries Law by Ellen Hey Pdf

Author : A. Charlotte De Fontaubert,Indrani Lutchman
Publisher : IUCN
Page : 194 pages
File Size : 50,5 Mb
Release : 2003
Category : Sustainable fisheries
ISBN : 2831706971

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Achieving Sustainable Fisheries by A. Charlotte De Fontaubert,Indrani Lutchman Pdf

Author : Gerd Winter
Publisher : IUCN
Page : 357 pages
File Size : 53,5 Mb
Release : 2009
Category : Conservation of natural resources
ISBN : 9782831711423

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Towards Sustainable Fisheries Law by Gerd Winter Pdf

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.

Author : Richard Caddell,Erik J Molenaar
Publisher : Bloomsbury Publishing
Page : 512 pages
File Size : 55,7 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509923366

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Strengthening International Fisheries Law in an Era of Changing Oceans by Richard Caddell,Erik J Molenaar Pdf

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.