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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 : Tomas Heidar
Publisher : BRILL
ISBN 13 : 9004437754
Total Pages : 498 pages
Book Rating : 4.0/5 (44 download)
Download or read book New Knowledge and Changing Circumstances in the Law of the Sea written by Tomas Heidar and published by BRILL. This book was released on 2020-09-07 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 : Camille Goodman
Publisher : Oxford University Press
ISBN 13 : 019265067X
Total Pages : 433 pages
Book Rating : 4.1/5 (926 download)
Download or read book Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2021-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
Author : Vito De Lucia
Publisher : BRILL
ISBN 13 : 9004506365
Total Pages : 469 pages
Book Rating : 4.0/5 (45 download)
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Maria Gavouneli
Publisher : BRILL
ISBN 13 : 9047423186
Total Pages : 304 pages
Book Rating : 4.0/5 (474 download)
Download or read book Functional Jurisdiction in the Law of the Sea written by Maria Gavouneli and published by BRILL. This book was released on 2007-12-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.
Author : Daniela Diz Pereira Pinto
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900424199X
Total Pages : 226 pages
Book Rating : 4.0/5 (42 download)
Download or read book Fisheries Management in Areas Beyond National Jurisdiction written by Daniela Diz Pereira Pinto and published by Martinus Nijhoff Publishers. This book was released on 2012-10-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the law-making of ecosystem-based fisheries management in marine areas beyond national jurisdiction as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS) so as to avoid stocks collapse and destruction of critical habitats, and increase the resilience of marine ecosystems.
Author : SIMONE VEZZANI
Publisher : CEDAM
ISBN 13 : 8813375581
Total Pages : 553 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 553 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 : Simone Vezzani
Publisher : CEDAM
ISBN 13 : 9788813375430
Total Pages : 0 pages
Book Rating : 4.3/5 (754 download)
Download or read book Jurisdiction in International Fisheries Law written by Simone Vezzani and published by CEDAM. This book was released on 2020 with total page 0 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 : Rosemary Gail Rayfuse
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004138897
Total Pages : 462 pages
Book Rating : 4.0/5 (41 download)
Download or read book Non-Flag State Enforcement in High Seas Fisheries written by Rosemary Gail Rayfuse and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.
Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
ISBN 13 : 9251318727
Total Pages : 62 pages
Book Rating : 4.2/5 (513 download)
Download or read book Step-wise guide for the implementation of international legal and policy instruments related to deep-sea fisheries and biodiversity conservation in the areas beyond national jurisdiction written by Food and Agriculture Organization of the United Nations and published by Food & Agriculture Org.. This book was released on 2019-10-14 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: This step-wise guide aims to assist with the implementation of relevant international instruments pertaining to deep-sea fisheries and biodiversity conservation in areas beyond national jurisdiction, especially the high seas, into national policy and law. This guide focuses on the incorporation and transposition of international rules, standards, and recommended practices and procedures into national policy and law. It addresses the key measures for making international obligations effective at the national level and suggests possible options for integrating those measures into the national legal framework. Legislative examples are also provided to illustrate how certain provisions have been incorporated into primary or secondary legislation. The guide first addresses the establishment of a national policy, followed by a description and analysis of essential legislative provisions regarding deep-sea fisheries and the conservation of marine biological diversity in areas beyond national jurisdiction. This guide is thus relevant to policy-makers, parliamentary draftpersons, and parliamentarians.
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)
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.
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 : Kriangsak Kittichaisaree
Publisher : Oxford University Press, USA
ISBN 13 : 0198865295
Total Pages : 241 pages
Book Rating : 4.1/5 (988 download)
Download or read book The International Tribunal for the Law of the Sea written by Kriangsak Kittichaisaree and published by Oxford University Press, USA. This book was released on 2021-01-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.
Author : Mitja Grbec
Publisher : Routledge
ISBN 13 : 1135115087
Total Pages : 318 pages
Book Rating : 4.1/5 (351 download)
Download or read book The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas written by Mitja Grbec and published by Routledge. This book was released on 2013-12-04 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.
Author : Donald Rothwell
Publisher : Oxford University Press, USA
ISBN 13 : 019871548X
Total Pages : 1073 pages
Book Rating : 4.1/5 (987 download)
Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford University Press, USA. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent maritime disputes, environmental disasters, and piracy have raised the profile of the law of the sea. This Oxford Handbook brings together high-level analysis of all of its key aspects, examining the role of particular regions in the development of the law of the sea, management of the oceans' resources, and critical contemporary debates.
Author : Patrícia Galvão Teles
Publisher : Brill Nijhoff
ISBN 13 : 9789004467651
Total Pages : 288 pages
Book Rating : 4.4/5 (676 download)
Download or read book Case-Law and the Development of International Law written by Patrícia Galvão Teles and published by Brill Nijhoff. This book was released on 2021 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores recent contributions of the case-law of international courts and tribunals to the development of international law. It begins by looking at how such case-law has contributed to the development of the methodology of international law and to the development of procedural rules. It further examines recent contributions from three major players in the international judicial arena: the International Court of Justice, the International Tribunal for the Law of the Sea and the mechanisms for Investor-State Dispute Settlement"--
