Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges PDF

Author: SIMONE VEZZANI

Publisher: CEDAM

Published: 2020-07-24

Total Pages: 527

ISBN-13: 8813375581

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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.

Strengthening International Fisheries Law in an Era of Changing Oceans

Strengthening International Fisheries Law in an Era of Changing Oceans PDF

Author: Richard Caddell

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 510

ISBN-13: 1509923357

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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.

China and International Fisheries Law and Policy

China and International Fisheries Law and Policy PDF

Author: Guifang Xue

Publisher: Martinus Nijhoff Publishers

Published: 2005

Total Pages: 346

ISBN-13: 9004148140

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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.

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea PDF

Author: Tomas Heidar

Publisher: BRILL

Published: 2020-09-07

Total Pages: 498

ISBN-13: 9004437754

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New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Promoting Sustainable Fisheries

Promoting Sustainable Fisheries PDF

Author: Mary Ann E. Palma

Publisher: BRILL

Published: 2010

Total Pages: 368

ISBN-13: 900417575X

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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.

Fisheries Regulations Under Extended Jurisdiction and International Law

Fisheries Regulations Under Extended Jurisdiction and International Law PDF

Author: William T. Burke

Publisher: Food & Agriculture Org.

Published: 1982

Total Pages: 34

ISBN-13: 9789251012314

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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.

International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction PDF

Author: Vito De Lucia

Publisher: BRILL

Published: 2022-01-31

Total Pages: 469

ISBN-13: 9004506365

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This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

IUU Fishing as a Flag State Accountability Paradigm

IUU Fishing as a Flag State Accountability Paradigm PDF

Author: Mercedes Rosello

Publisher: BRILL

Published: 2021-07-19

Total Pages: 249

ISBN-13: 9004463216

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This book sheds light into the uneasy relationship between the ‘IUU fishing’ designation as a governance mechanism, and international law. Building on previous literature, this original study will be of interest to international fisheries governance academics and policymakers alike.

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