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Non Flag State Enforcement In High Seas Fisheries
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Book Synopsis Non-Flag State Enforcement in High Seas Fisheries by : Rosemary Gail Rayfuse
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.
Book Synopsis Fishing Entity Enforcement in High Seas Fisheries by : Ying-Ting Chen
Download or read book Fishing Entity Enforcement in High Seas Fisheries written by Ying-Ting Chen and published by Cambridge Scholars Publishing. This book was released on 2014-10-21 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a fishing entity is a new category of fishing actors, separate from that of states, in the international law of the sea. The emergence of this new category provides a significant development towards a more flexible application of regulations regarding usage of the sea. A fishing entity owns advanced technology and fishing skills, and, as such, has an important role to play in global and regional conservation and management of fishery resources. Despite this, it is defined as being distinct from a state in the relevant legal documents, resulting in unclear circumstances involving certain global and regional agreements which usually apply to the latter. This ambiguity is particularly prevalent in legal procedures on the high seas when the sovereignty of a state comes into question, such as boarding and inspection. This book provides a detailed definition of the role of the fishing entity in the international law of the sea, and its obligations and rights in high seas fishery enforcements.
Book Synopsis State Responsibility for Interferences with the Freedom of Navigation in Public International Law by : Philipp Wendel
Download or read book State Responsibility for Interferences with the Freedom of Navigation in Public International Law written by Philipp Wendel and published by Springer Science & Business Media. This book was released on 2007-10-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
Book Synopsis Flag State Implementation by : International Maritime Organization
Download or read book Flag State Implementation written by International Maritime Organization and published by IMO Publishing. This book was released on 2010 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Quest for Sustainable International Fisheries by : Evelyne Meltzer
Download or read book The Quest for Sustainable International Fisheries written by Evelyne Meltzer and published by NRC Research Press. This book was released on 2009 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A publication of the National Research Council of Canada Monograph Publishing Program."
Book Synopsis Flag State Responsibility by : John N. K. Mansell
Download or read book Flag State Responsibility written by John N. K. Mansell and published by Springer Science & Business Media. This book was released on 2009-06-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .
Book Synopsis Governing High Seas Fisheries by : Olav Schram Stokke
Download or read book Governing High Seas Fisheries written by Olav Schram Stokke and published by Oxford University Press, USA. This book was released on 2001 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas.
Book Synopsis A Dual Approach to Ocean Governance by : Yoshifumi Tanaka
Download or read book A Dual Approach to Ocean Governance written by Yoshifumi Tanaka and published by Routledge. This book was released on 2016-03-23 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Filling Regulatory Gaps in High Seas Fisheries by : Yoshinobu Takei
Download or read book Filling Regulatory Gaps in High Seas Fisheries written by Yoshinobu Takei and published by Martinus Nijhoff Publishers. This book was released on 2013-03-27 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems. In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.
Book Synopsis Convention on Regulating Fishing Vessels on the High Seas (Treaty Doc. 130-24) by : United States. Congress. Senate. Committee on Foreign Relations
Download or read book Convention on Regulating Fishing Vessels on the High Seas (Treaty Doc. 130-24) written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1994 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Aspects of Illegal, Unreported and Unregulated Fishing in the Southern Ocean by : Rachel Baird
Download or read book Aspects of Illegal, Unreported and Unregulated Fishing in the Southern Ocean written by Rachel Baird and published by Springer Science & Business Media. This book was released on 2007-06-01 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegal, Unreported and Unregulated (IUU) fishing threatens the viability of high seas living resources. This book details the efforts of the Convention for the Conservation of Antarctic Marine Living Resources Commission and the Australian government to adopt complementary measures to deter IUU fishing in the Southern Ocean. It describes how these various measures have proven effective in deterring IUU operators.
Book Synopsis The Oxford Handbook of the Law of the Sea by : Donald Rothwell
Download or read book The Oxford Handbook of the Law of the Sea written by Donald Rothwell and published by Oxford Handbooks in Law. This book was released on 2015 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
Book Synopsis Conservation on the High Seas by : Simone Borg
Download or read book Conservation on the High Seas written by Simone Borg and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: ïThis book from Simone Borg is a much needed and highly recommended study on conservation on the high seas and harmonizing international regimes for the sustainable use of living resources. This publication is very topical considering the continuous over-exploitation of the living resources. It is a very exhaustive study of many international instruments, the most importantly the 1982 The United Nations Law of the Sea Convention. The author in an admirable manner linked the issue of the conservation of living resources on the high seas to the fundamental principles underlying modern environmental law such as the precautionary principle. The unique feature which sets this book apart from the other similar publications is that it is firmly entrenched in general international law, i.e. deals in a very erudite manner with the issues of fragmentation and harmonisation of international law in the context of conservation. This book will appeal not only to the experts on the law of the sea, but also to general international lawyers.Í _ Malgosia Fitzmaurice, Queen Mary, University of London, UK ïThis is an excellent book, which has taken apart a very complicated part of international law, and reassembled it in a manner which is up-to-date, accessible, insightful and coherent. In doing so, this work plugs a gap in the scholarship in this area, for which the author is to be truly commended. It is an essential addition for all practitioners, scholars and students who work or study, in one of the foremost environmental challenges of the 21st century: conservation on the high seas.Í _ Alexander Gillepsie, University of Waikato, New Zealand ïThe conservation of living marine resources with diverse characteristics and life styles has become an international concern. BorgÍs book provides an examination of the regulatory and legal implications of marine conservation. The analysis takes account of UNCLOS Treaties and the UNCED (1992) that aid a more holistic response by States towards conservation, the marine environment and socio-economic needs. Despite shortcomings and failures there have been success stories that highlight the potential of effective interaction between fisheries law and environmental law. The book addresses the legal aspects of international regimes aimed at setting conservation obligations, compliance and enforcement. This is a path breaking work that shows how international law can diversify itself into different legal streams to ensure flexibility and a degree of adaptation to the different interests of the States involved.Í _ John McEldowney, University of Warwick, UK This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species. An intricate body of norms has accumulated over the last few decades, consisting of prior and subsequent rules addressing the same issues, as well as a number of specialized rules that supplement more general ones. However, this process has also exposed the fragmentation of the relevant international regimes, with evolving and diverse interpretations of the same legal terms fine-tuning or qualifying earlier treaties. Uncertainty prevails as to how these norms interrelate with each other. The book assesses to what extent the harmonization of these international regimes is possible. It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply ïinterpreted awayÍ but require the further development of international law in order to be resolved properly. This unique book will appeal to academics and students in international law, especially those researching marine conservation and the applicable legal framework. It will be equally useful to organizations both public and private with an interest in marine conservation beyond national jurisdiction. Environmental groups and policy-makers in maritime affairs, environmental issues and fisheries management will also find much to interest them in this insightful book.
Book Synopsis Achieving Sustainable Fisheries by : A. Charlotte De Fontaubert
Download or read book Achieving Sustainable Fisheries written by A. Charlotte De Fontaubert and published by IUCN. This book was released on 2003 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Law of the Sea by : Yoshifumi Tanaka
Download or read book The International Law of the Sea written by Yoshifumi Tanaka and published by Cambridge University Press. This book was released on 2012-04-05 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.
Book Synopsis Routledge Handbook of Maritime Regulation and Enforcement by : Robin Warner
Download or read book Routledge Handbook of Maritime Regulation and Enforcement written by Robin Warner and published by Routledge. This book was released on 2015-08-27 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: With advances in technology and maritime transport, human use of the ocean now extends beyond the traditional activities of navigation and fishing. Emerging activities such as bioprospecting, deep seabed mineral and hydrocarbon exploration and exploitation, offshore renewable energy developments and marine scientific probes of deep sea areas challenge the applicability of maritime law and policy in new ways. This handbook examines current regulatory and enforcement instruments and mechanisms for different sectors of maritime activity. Covering various jurisdictions, its specially commissioned chapters are authored by some of the world’s foremost authorities on maritime law, and offer unique perspectives on maritime law, policy and practice. This highly relevant collection is organised into four parts: • International Law Considerations in Maritime Regulation and Enforcement • Role of States and other International Actors in Maritime Regulation and Enforcement • Regulation and Enforcement in Different Maritime Sectors • Current Issues and Future Challenges This comprehensive reference work will be of interest to scholars and students of maritime law, practitioners and non-lawyers interested in the regulation of offshore areas, as well as policy-makers.
Book Synopsis The Changing International Law of High Seas Fisheries by : Francisco Orrego Vicuña
Download or read book The Changing International Law of High Seas Fisheries written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 1999-03-04 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal, economic and environmental developments including recent state and international practice.
