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.
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.
Download or read book Strengthening International Fisheries Law in an Era of Changing Oceans written by and published by . This book was released on 2019 with total page 478 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"--Bloomsbury Publishing.
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.
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:
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 2023-02-28 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
Download or read book Global Challenges and the Law of the Sea written by Marta Chantal Ribeiro and published by Springer Nature. This book was released on 2020-05-23 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
Download or read book History Politics Law written by Annabel Brett and published by Cambridge University Press. This book was released on 2021-10-07 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.
Download or read book Ocean Governance written by Stefan Partelow and published by Springer Nature. This book was released on 2023-03-01 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book on Ocean Governance examines sustainability challenges facing our oceans today. The book is organized into three sections: knowledge systems, policy foundations and thematic analyses. The knowledge produced in the book was catalyzed by the scientific outcomes within the European-funded Cooperation in Science and Technology (COST) network “Ocean Governance for Sustainability – Challenges, Options and the Role of Science”. This network brings together scientists, policy-makers and civil society representatives from 28 nation states to cooperate on ocean governance research. This book offers a compilation of new research material including focused case studies, broad policy syntheses and reflective chapters on the history and current status of knowledge production systems on ocean governance. New research material is presented, although some chapters draw on secondary sources. The book starts with synthetic review chapters from the editors, outlining past and present knowledge systems, addressing how and why ocean governance for sustainability is where it currently stands with critical reflections on existing narratives, path dependencies and colonialist histories. This is followed by chapters addressing, synthesizing and analyzing different legal and policy frameworks for ocean governance both regionally and internationally. At the core of the book are the thematic analyses, which provide focused case studies with detailed contextual information in support of different ocean governance challenges and sustainability pathways around the world. The book concludes with a chapter explicitly targeting students, researchers and policy-makers with key take-away messages compiled by the editors.
Download or read book IUU Fishing as a Flag State Accountability Paradigm written by Mercedes Rosello and published by BRILL. This book was released on 2021-07-19 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sheds light into the uneasy relationship between the ‘IUU fishing’ designation as a governance mechanism, and international law. Building on previous literature, this original study will be of interest to international fisheries governance academics and policymakers alike.
Download or read book Smart Mixes for Transboundary Environmental Harm written by Judith van Erp and published by Cambridge University Press. This book was released on 2019-03-28 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes how combinations of instruments at different levels of government, or smart mixes, can effectively regulate transboundary environmental harm.
Download or read book International Fisheries Law written by Bjørn Kunoy and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offer a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many States, coastal communities, and economies globally. The book's chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management, and sustainable use of living resources globally"--
Download or read book Emerging Legal Orders in the Arctic written by Akiho Shibata and published by Routledge. This book was released on 2019-04-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.
Download or read book Trade and Environmental Law written by Panos Delimatsis and Leonie Reins and published by Edward Elgar Publishing. This book was released on 2021-12-14 with total page 875 pages. Available in PDF, EPUB and Kindle. Book excerpt: This extensive volume of the Elgar Encyclopedia of Environmental Law probes the essential concepts, contemporary research, and key elements of law at the intersection of international trade and international environmental law. Its succinct, structured entries provide a definitive and comprehensive assessment of the interactions between these fields, written by internationally renowned and recognized experts.
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:
Download or read book Fisheries and the Law in Europe written by Jonatan Echebarria Fernández and published by Routledge. This book was released on 2022-02-27 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit. Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world. Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.
