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Author : Douglas M. Johnston
Publisher : Unknown
Page : 650 pages
File Size : 51,6 Mb
Release : 1987
Category : Fishery law and legislation
ISBN : STANFORD:36105043986061
Author : Mary Ann E. Palma,Martin Tsamenyi,William R. Edeson
Publisher : BRILL
Page : 368 pages
File Size : 49,7 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 : Francisco Orrego Vicuña
Publisher : Cambridge University Press
Page : 372 pages
File Size : 47,8 Mb
Release : 1999-03-04
Category : Law
ISBN : 0521641934
This book examines legal, economic and environmental developments including recent state and international practice.
Author : Marion Markowski
Publisher : Unknown
Page : 0 pages
File Size : 54,7 Mb
Release : 2010
Category : Economic zones (Law of the sea)
ISBN : 908952004X
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 : Ellen Hey
Publisher : BRILL
Page : 670 pages
File Size : 42,7 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478381
Author : William T. Burke
Publisher : Oxford University Press, USA
Page : 442 pages
File Size : 53,5 Mb
Release : 1994
Category : Business & Economics
ISBN : UVA:35007000070593
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 : SIMONE VEZZANI
Publisher : CEDAM
Page : 527 pages
File Size : 48,9 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 : Abdullah Al Arif
Publisher : Unknown
Page : 128 pages
File Size : 50,5 Mb
Release : 2022
Category : Fishery law and legislation
ISBN : 1032190183
"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"--
Author : Gerd Winter
Publisher : IUCN
Page : 357 pages
File Size : 50,9 Mb
Release : 2009
Category : Conservation of natural resources
ISBN : 9782831711423
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 : Andrew Serdy
Publisher : Cambridge University Press
Page : 515 pages
File Size : 46,6 Mb
Release : 2016-02-19
Category : Business & Economics
ISBN : 9781107001565
International agreements on allocation of fish stocks do not apply to other States - can they be prevented from upsetting hard-fought bargains?
Author : Richard Caddell,Erik J Molenaar
Publisher : Bloomsbury Publishing
Page : 512 pages
File Size : 52,9 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 : Guifang Xue
Publisher : Martinus Nijhoff Publishers
Page : 346 pages
File Size : 41,7 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 : Ellen Hey
Publisher : Springer
Page : 680 pages
File Size : 54,6 Mb
Release : 1999-11-24
Category : Law
ISBN : UVA:35007003672635
Author : Chen-Ju Chen
Publisher : Springer Science & Business Media
Page : 254 pages
File Size : 48,6 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 : Douglas M. Johnston
Publisher : University of Toronto Press
Page : 148 pages
File Size : 41,7 Mb
Release : 1985-12-15
Category : Law
ISBN : 9781487590581
This is the last of three volumes dealing with the International Legal Environment (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. The Third United Nations Conference on the Law of the Sea (UNCLOS 3) culminated in the adopted of the United Nations convention on the law of the sea in 1982. Since then 150 countries, including Canada, have signed this historic treaty. It affects Canada's four major ocean industries: fishing, offshore petroleum, shipping and ocean mining. As Canada contemplates ratification of this agreement, it must consider these as well as several other maritime matters, including transit management, offshore development, marine-technology development and ocean-science policy. This volume delineates the issues and their implications for Canada's future at sea, and recommends the establishment of an independent advisory body to ensure serious and comprehensive treatment of maritime concerns.