Author : Francisco Orrego Vicuña
Publisher : Cambridge University Press
Page : 372 pages
File Size : 19,6 MB
Release : 1999-03-04
Category : Law
ISBN : 9780521641937
This book examines legal, economic and environmental developments including recent state and international practice.
Author : Rosemary Gail Rayfuse
Publisher : Martinus Nijhoff Publishers
Page : 462 pages
File Size : 41,17 MB
Release : 2004-01-01
Category : Law
ISBN : 9004138897
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 : Olav Schram Stokke
Publisher : Oxford University Press, USA
Page : 394 pages
File Size : 15,56 MB
Release : 2001
Category : Law
ISBN : 9780198299493
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.
Author : Andrew Serdy
Publisher : Cambridge University Press
Page : 515 pages
File Size : 16,76 MB
Release : 2016-02-19
Category : Law
ISBN : 1316194159
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 : José Antonio de Yturriaga
Publisher : Martinus Nijhoff Publishers
Page : 352 pages
File Size : 26,34 MB
Release : 1997
Category : Law
ISBN : 9789041103659
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 : N.P. Gleditsch
Publisher : Springer Science & Business Media
Page : 626 pages
File Size : 20,17 MB
Release : 2013-04-17
Category : Nature
ISBN : 940158947X
Nils Petter Gleditsch International Peace Research Institute, Oslo (PRIO) & Department of Sociology and Political Science, Norwegian University of Science and Technology, Trond heim This book could hardly have happened but for the end of the Cold War. The decline of the East-West conflict has opened up the arena for increased attention to other lines of conflict, in Europe and at the global level. Environmental disruption, not a new phenomenon by any means, is a chief beneficiary of the shift in priorities in the public debate. The Scientific and Environmental Affairs Divi sion of NATO has moved with the times and has defined environmental security as one of its priority areas for cooperation with Central and Eastern Europe and countries of the former Soviet Union. This book is the main output of an Advanced Research Workshop (ARW), held in Bolkesjl/l, Norway, 12-16 June 1996. I would like to acknowledge the personal support of L. Veiga da Cunha, Director of the Priority Area on Environmental Security. Research on these issues is now very much a collaborative effort across former lines of division in Europe. NATO encourages, indeed requires, that this be reflected in the composition of the participants, as well as the organizing committee. This meeting was organized by a group of five people from five different countries: Lothar Brock (Germany), Nils Petter Gleditsch (Norway), Thomas Homer-Dixon (Canada), Renat Perelet (Co-Director, Russia), and Evan Vlachos (USA).
Author : Syma A. Ebbin
Publisher : Springer Science & Business Media
Page : 233 pages
File Size : 37,16 MB
Release : 2005-06-07
Category : Business & Economics
ISBN : 1402031335
This is the first systematic assessment of the international 200-mile exclusive economic zone. To date, 145 states have ratified the Law of the Sea Convention, and most have established EEZs. This volume focuses on the specific nature of the EEZ and the construction and evolution of institutions stemming from its introduction, specifically examining developments at local, national and international levels.
Author : Robin Warner
Publisher : BRILL
Page : 304 pages
File Size : 19,92 MB
Release : 2009-02-23
Category : Law
ISBN : 9047426096
Knowledge of the marine environment beyond national jurisdiction and its unique biodiversity is still developing. Simultaneously, traditional uses of these areas including fishing and shipping, are intensifying and new uses are emerging such as bio-prospecting for marine genetic resources and climate change mitigation activities. This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment. An analysis of key provisions in the 1982 United Nations Law of the Sea Convention and complementary principles of international environmental law reveals significant tensions between the concept of high seas freedoms and the international law obligation to protect and preserve the marine environment beyond national jurisdiction. The book compares the lack of comprehensive environmental regulation for marine resource exploitation and shipping activities beyond national jurisdiction with the best practice standards for environmental protection being developed by the International Seabed Authority for deep seabed mining exploration. Recent initiatives by the international community to study issues relating to conservation of high seas biodiversity are discussed and a range of soft and hard law options to strengthen the international law framework for protection of the marine environment beyond national jurisdiction are considered.
Author : Food and Agriculture Organization of the United Nations
Publisher : Food & Agriculture Org.
Page : 740 pages
File Size : 45,67 MB
Release : 2005
Category : Business & Economics
ISBN : 9789251054024
Includes the keynote addresses and papers presented on the conference themes that covered: environment, ecosystem biology, habitat, diversity and oceanography; population biology and resource assessment; harvesting and conservation strategies for resource management; technology requirements; monitoring, compliance and controls; a review of existing policies and instruments; and governance and management. It also provides the perspectives of participating experts and the conference Steering Committee. The general conclusions of the conference contain the elements that must be addressed and undertaken if deep-sea fish resources are to be sustained and their habitat protected to ensure productivity and safeguard deep-sea biodiversity. The second volume of the proceedings includes posters and corresponding papers presented at the conference as well as papers from workshops held prior to the main conference.
Author : Keyuan Zou
Publisher : BRILL
Page : 373 pages
File Size : 28,9 MB
Release : 2018-08-13
Category : Law
ISBN : 9004373330
'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
