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Fisheries Subsidies Under International Law
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Book Synopsis Fisheries Subsidies under International Law by : Chen-Ju Chen
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.
Book Synopsis Subsidies in World Fisheries by : Matteo Milazzo
Download or read book Subsidies in World Fisheries written by Matteo Milazzo and published by World Bank Publications. This book was released on 1998-01-01 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past six years, the world's fishery sector has reached a turning point with global fish production reaching a plateau of approximately 100 million tons annually. While aquaculture output continued to grow, yields from capture fisheries were uneven and showed increasing signs of stagnation because of widespread overfishing and overcapitalization, ineffective management, deteriorating resource health, declining or flat global harvests, and inefficient economic and trade policies. This paper examines the role of subsidies in fisheries.
Book Synopsis The WTO Law of Subsidies by : Marc Benitah
Download or read book The WTO Law of Subsidies written by Marc Benitah and published by Kluwer Law International B.V.. This book was released on 2019-05-23 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.
Book Synopsis Promoting Sustainable Fisheries by : Mary Ann E. Palma
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.
Book Synopsis Clash of Powers by : Kristen Hopewell
Download or read book Clash of Powers written by Kristen Hopewell and published by Cambridge University Press. This book was released on 2020-10-22 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the first analyses of the impact of US-China rivalry on the governance of global trade.
Book Synopsis Fisheries Subsidies, Sustainable Development and the WTO by : Anja von Moltke
Download or read book Fisheries Subsidies, Sustainable Development and the WTO written by Anja von Moltke and published by Routledge. This book was released on 2014-10-14 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fisheries sector is in crisis. Inappropriate subsidies to the fishing industry are a key factor responsible for worldwide fisheries depletion, overcapitalization and ecosystem degradation. There is an urgent need for an international mechanism to promote the appropriate restructuring of fisheries subsidies in order to create a more sustainable industry. In recent years the leading international forum charged with providing such a mechanism has been the World Trade Organization (WTO).This book explains why and how the reform of fisheries subsidies has become one of the most concrete and potentially successful international efforts to achieve global environmental, economic and developmental policy coherence. It describes the history and current status of the discussions at the WTO, drawing on UNEP's key documents and reflecting on the major issues. Accompanying the book are downloadable resources containing full-text versions of the most important source material used in the publication. The book is aimed at a broad stakeholder audience, including policymakers in the fields of trade, fisheries, environmental economics and international environmental governance, as well as academics and others looking for an overview of the fisheries subsidies issue and an introduction to its technical components.Published with the United Nations Environment Programme (UNEP)
Book Synopsis Trading Fish, Saving Fish by : Margaret A. Young
Download or read book Trading Fish, Saving Fish written by Margaret A. Young and published by Cambridge University Press. This book was released on 2011-04-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.
Book Synopsis Guide for Identifying, Assessing and Reporting on Subsidies in the Fisheries Sector by : Lena Westlund
Download or read book Guide for Identifying, Assessing and Reporting on Subsidies in the Fisheries Sector written by Lena Westlund and published by Food & Agriculture Org.. This book was released on 2004 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains detailed and practical guidance for fisheries professionals on identification, assessment and reporting of subsidies in the fisheries sector, covering the following topics: planning and preparation for a fishery subsidies study; definitions and categories of subsidies; assessment methods and measurement factors; comparative analysis; costs and earnings analyses, taking into account the impact on industry profits; and reporting issues.
Book Synopsis The International Law of EEZ Fisheries by : Marion Markowski
Download or read book The International Law of EEZ Fisheries written by Marion Markowski and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fossil Fuel Subsidy Reform by : Vernon JC Rive
Download or read book Fossil Fuel Subsidy Reform written by Vernon JC Rive and published by Edward Elgar Publishing. This book was released on 2019 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This much-needed book provides an empirically-grounded, and theoretically informed account of international law sources, mechanisms, initiatives and institutions which address and affect the practice of subsidising fossil fuel consumption and production. Drawing on recent scholarship on emerging international governance mechanisms, ‘informal’ international law-making and regime interaction, it offers suggestions, and critiques suggestions of others, for how the international law framework could be employed more effectively and appropriately to respond to environmentally and fiscally harmful fossil fuel subsidies.
Book Synopsis Fishing Power Europe by : Mihail Vatsov
Download or read book Fishing Power Europe written by Mihail Vatsov and published by Springer Nature. This book was released on 2023-01-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
Book Synopsis Financial Support to Fisheries Implications for Sustainable Development by : OECD
Download or read book Financial Support to Fisheries Implications for Sustainable Development written by OECD and published by OECD Publishing. This book was released on 2006-08-16 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report analyses the impacts of financial support to fisheries from a sustainable development perspective by addressing the economic, environmental and social dimensions of these transfers.
Book Synopsis Saving Global Fisheries by : J. Samuel Barkin
Download or read book Saving Global Fisheries written by J. Samuel Barkin and published by MIT Press. This book was released on 2013-01-18 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proposal for a new global approach for fisheries focused on reducing fishing capacity and providing incentives for long-term sustainability. The Earth's oceans are overfished, despite more than fifty years of cooperation among the world's fishing nations. There are too many boats chasing too few fish. In Saving Global Fisheries, J. Samuel Barkin and Elizabeth DeSombre analyze the problem of overfishing and offer a provocative proposal for a global regulatory and policy approach. Existing patterns of international fisheries management try to limit the number of fish that can be caught while governments simultaneously subsidize increased fishing capacity, focusing on fisheries as an industry to be developed rather than on fish as a resource to be conserved. Regionally based international management means that protection in one area simply shifts fishing efforts to other species or regions. Barkin and DeSombre argue that global rather than regional regulation is necessary for successful fisheries management and emphasize the need to reduce subsidies. They propose an international system of individual transferable quotas that would give holders of permits an interest in the long-term health of fish stocks and help create a sustainable level of fishing capacity globally.
Book Synopsis From Exception to Promotion by : Elena Cima
Download or read book From Exception to Promotion written by Elena Cima and published by BRILL. This book was released on 2021-10-18 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Exception to Promotion: Re-Thinking the Relationship between International Trade and Environmental Law tells a new, unconventional story of the nexus between international trade and environmental law - a story in which the keyword is synergy rather than conflict, and where the trade regime was always meant for something greater than simply trade liberalization. This ‘something greater’ was peace in the first half of the 20th century. Today, it is sustainable development, environmental protection, and social inclusion. Environmental protection is therefore neither antithetical to the overarching purpose of the trading system nor simply a ‘non-trade’ issue to be incorporated within the trade regime, but rather part of its very nature and purpose. By telling this ‘untold’ story of the nexus, this book intends to raise historical awareness and open a constructive discussion on the future of the trade regime and of international economic law governance at large.
Author :Food and Agriculture Organization of the United Nations. Committee on Fisheries Publisher : ISBN 13 : Total Pages :38 pages Book Rating :4.3/5 (91 download)
Book Synopsis International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations. Committee on Fisheries
Download or read book International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations. Committee on Fisheries and published by . This book was released on 2001 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IOPA-IUU is a voluntary instrument that applies to all States and entities and to all fishers. Following the IPOA's introduction, the nature and scope of IUU fishing is addressed. This is followed by the IPOA's objective and principles and the implementation of measures to prevent, deter and eliminate IUU fishing. These measures focus on all State responsibilities, flag State responsibilities, coastal State measures, port State measures, internationally agreed market-related measures, research and regional fisheries management organizations. Special requirements of developing countries are then considered, followed by reporting requirements and the role of FAO.
Book Synopsis Environment and Development Economics by : Scott Barrett
Download or read book Environment and Development Economics written by Scott Barrett and published by OUP Oxford. This book was released on 2014-04-10 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book honours Partha Dasgupta, and the field he helped establish; environment and development economics. It concerns the relationship between social systems (to include families, local communities, national economies, and the world as a whole) and natural systems (critical ecosystems, forests, water resources, mineral deposits, pollution, fisheries, and the Earth's climate). Above all, it concerns the poverty-environment nexus: the complex pathways by which people become or remain poor, and resources become or remain overexploited. With contributions by some of the world's leading economists, including five recipients of the Nobel Prize in Economics, in addition to scholars based in developing countries, this volume offers a unique perspective on the environmental issues that matter most to developing countries.
Book Synopsis All the Boats on the Ocean by : Carmel Finley
Download or read book All the Boats on the Ocean written by Carmel Finley and published by University of Chicago Press. This book was released on 2017-02-15 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction: political roles for fish populations -- The fishing empires of the Pacific: the Americans, the Japanese, and the Soviets -- Islands and war -- Manifest destiny and fishing -- Tariffs -- Industrialization -- Treaties -- Imperialism -- Enclosure -- Conclusions: updating the best available science
