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.

International Fisheries Law

International Fisheries Law PDF

Author: Bjørn Kunoy

Publisher:

Published: 2024

Total Pages: 0

ISBN-13: 9781032794457

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"Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offer a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many States, coastal communities, and economies globally. The book's chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management, and sustainable use of living resources globally"--

The New International Law of Fisheries

The New International Law of Fisheries PDF

Author: William T. Burke

Publisher: Oxford University Press, USA

Published: 1994

Total Pages: 442

ISBN-13:

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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.

Jurisdiction in International Fisheries Law

Jurisdiction in International Fisheries Law PDF

Author: Simone Vezzani

Publisher: CEDAM

Published: 2020

Total Pages: 0

ISBN-13: 9788813375430

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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. --

A Dual Approach to Ocean Governance

A Dual Approach to Ocean Governance PDF

Author: Yoshifumi Tanaka

Publisher: Routledge

Published: 2016-03-23

Total Pages: 315

ISBN-13: 1317188314

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Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

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.

Science, Technology, and New Challenges to Ocean Law

Science, Technology, and New Challenges to Ocean Law PDF

Author: Harry N. Scheiber

Publisher: BRILL

Published: 2015-07-24

Total Pages: 491

ISBN-13: 9004299610

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Sixteen authoritative yet eminently readable chapters offer analyses of major issues in the interfaces of science, technology, and law for the oceans. This volume fills an important gap both in the existing literature on law of the sea and in the more comprehensive field of ocean resource-use studies.

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