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Author : Ellen Hey
Publisher : BRILL
ISBN 13 : 9004478388
Total Pages : 670 pages
Book Rating : 4.0/5 (44 download)
Download or read book Developments in International Fisheries Law written by Ellen Hey and published by BRILL. This book was released on 2021-10-05 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ellen Hey
Publisher : Springer
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.3/5 (5 download)
Download or read book Developments in International Fisheries Law written by Ellen Hey and published by Springer. This book was released on 1999-11-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : SIMONE VEZZANI
Publisher : CEDAM
ISBN 13 : 8813375581
Total Pages : 527 pages
Book Rating : 4.8/5 (133 download)
Download or read book Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges written by SIMONE VEZZANI and published by CEDAM. This book was released on 2020-07-24 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Guifang Xue
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004148140
Total Pages : 346 pages
Book Rating : 4.0/5 (41 download)
Download or read book China and International Fisheries Law and Policy written by Guifang Xue and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Richard Caddell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923357
Total Pages : 510 pages
Book Rating : 4.5/5 (99 download)
Download or read book Strengthening International Fisheries Law in an Era of Changing Oceans written by Richard Caddell and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Richard Caddell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923365
Total Pages : 512 pages
Book Rating : 4.5/5 (99 download)
Download or read book Strengthening International Fisheries Law in an Era of Changing Oceans written by Richard Caddell and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Mary Ann E. Palma
Publisher : BRILL
ISBN 13 : 900417575X
Total Pages : 368 pages
Book Rating : 4.0/5 (41 download)
Download or read book Promoting Sustainable Fisheries written by Mary Ann E. Palma and published by BRILL. This book was released on 2010 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Nienke Van Der Brugt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004196021
Total Pages : 432 pages
Book Rating : 4.0/5 (41 download)
Download or read book The Contribution of International Fisheries Law to Human Development written by Nienke Van Der Brugt and published by Martinus Nijhoff Publishers. This book was released on 2012-11-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : José A. Yturriaga
Publisher : BRILL
ISBN 13 : 9004479376
Total Pages : 344 pages
Book Rating : 4.0/5 (44 download)
Download or read book The International Regime of Fisheries written by José A. Yturriaga and published by BRILL. This book was released on 2021-09-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Darren S. Calley
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004202781
Total Pages : 301 pages
Book Rating : 4.0/5 (42 download)
Download or read book Market Denial and International Fisheries Regulation written by Darren S. Calley and published by Martinus Nijhoff Publishers. This book was released on 2011-10-14 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Alan E. Boyle
Publisher : Oxford University Press, USA
ISBN 13 : 9780199248070
Total Pages : 414 pages
Book Rating : 4.2/5 (48 download)
Download or read book International Law and Sustainable Development written by Alan E. Boyle and published by Oxford University Press, USA. This book was released on 2001 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Andrew Serdy
Publisher : Cambridge University Press
ISBN 13 : 1316194159
Total Pages : 515 pages
Book Rating : 4.3/5 (161 download)
Download or read book The New Entrants Problem in International Fisheries Law written by Andrew Serdy and published by Cambridge University Press. This book was released on 2016-02-19 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
Author : Øystein Jensen
Publisher : Edward Elgar Publishing
ISBN 13 : 1839104260
Total Pages : 296 pages
Book Rating : 4.8/5 (391 download)
Download or read book The Development of the Law of the Sea Convention written by Øystein Jensen and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.
Author : Till Markus
Publisher : Europa Law Publishing
ISBN 13 : 9789089520036
Total Pages : 190 pages
Book Rating : 4.5/5 (2 download)
Download or read book European Fisheries Law written by Till Markus and published by Europa Law Publishing. This book was released on 2009 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Chen-Ju Chen
Publisher : Springer Science & Business Media
ISBN 13 : 3642156932
Total Pages : 254 pages
Book Rating : 4.6/5 (421 download)
Download or read book Fisheries Subsidies under International Law written by Chen-Ju Chen and published by Springer Science & Business Media. This book was released on 2010-09-17 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Nienke van der Burgt
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900419603X
Total Pages : 431 pages
Book Rating : 4.0/5 (41 download)
Download or read book The Contribution of International Fisheries Law to Human Development written by Nienke van der Burgt and published by Martinus Nijhoff Publishers. This book was released on 2012-11-01 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Abdullah-Al Arif
Publisher : Routledge
ISBN 13 : 1000528596
Total Pages : 201 pages
Book Rating : 4.0/5 (5 download)
Download or read book Sustainable Fisheries Management and International Law written by Abdullah-Al Arif and published by Routledge. This book was released on 2021-12-30 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
