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Author: Olav Schram Stokke
Publisher: Oxford University Press, USA
ISBN: 9780198299493
Category : Law
Languages : en
Pages : 394
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Book Description
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: Elise Verdonck
Publisher: GRIN Verlag
ISBN: 3656845735
Category : Science
Languages : en
Pages : 62
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Book Description
Essay from the year 2014 in the subject Politics - Environmental Policy, grade: A-, University of Auckland, course: International Environmental Law, language: English, abstract: The crucial role of the oceans in the climate and functioning of the planet is an undeniable fact. Oceans cover over 70 percent of the earth’s surface and house a major part of global biodiversity. Ocean ecosystems support all life on earth: they regulate the global temperature, provide rain, food and oxygen, and they manage a certain amount of human pollutants. Nearly 64 percent of the oceans lie far beyond the coast of individual states. The high seas and the deep seabed, which form the parts of the oceans that are beyond the national jurisdiction of coastal countries, are some of the least protected areas on earth. Because of its very low temperature, lack of light and energy-deprived character, the high seas were long considered hostile to life. For centuries those areas beyond national jurisdiction (ABNJ) were being treated as a virtual desert without any sign of life or resources. Until the later decades of the twentieth century, the deep sea with its rare organisms and unique ecosystems was largely unexplored by humans. This resulted in a collective lack of knowledge about the rich biodiversity and abundant resources of the high seas and the deep seabed. In recent decades, human interest and activities outside the limits of coastal state jurisdiction have increased. Reasons of the sudden interest in those unknown parts of the oceans were inter alia the depletion of fishery stocks within national jurisdiction, the expansion of global maritime trade, the search for new resources and scientific interest in the deep sea. New advances in technology and maritime transport made it possible for scientists to explore the mysterious uncharted parts of the oceans. This essay will focus on one particular part of the global biodiversity, namely the high seas fish stocks. There is a worldwide increasing demand for seafood. Consequently, a global industry is developed with more and bigger ships. The increased pressure on high seas fish stocks has caused a crisis in the current high seas fisheries management. Over 32 percent of the fish stocks are overexploited, depleted or still recovering from depletion. Global fishing activities will have to become subject to sustainable management measures if we want to secure the fisheries' benefits for the long term. Sustainable management of wild fish stocks causes beneficial effects for the economic output, livelihoods and food security.
Author: Olav Schram Stokke
Publisher: Oxford University Press, USA
ISBN: 9780198299493
Category : Law
Languages : en
Pages : 394
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Book Description
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: Yoshinobu Takei
Publisher: Martinus Nijhoff Publishers
ISBN: 9004248609
Category : Law
Languages : en
Pages : 308
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Book Description
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.
Author: Robert C. Beckman
Publisher: BRILL
ISBN: 9004373306
Category : Law
Languages : en
Pages : 336
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Book Description
High Seas Governance: Gaps and Challenges discusses and presents solutions to identified gaps in the legal regime governing the high seas, including the protection of sensitive marine areas, marine pollution, conservation of marine living resources, and activities by non-state actors.
Author: Francisco Orrego Vicuña
Publisher: Cambridge University Press
ISBN: 9780521641937
Category : Law
Languages : en
Pages : 372
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Book Description
This book examines legal, economic and environmental developments including recent state and international practice.
Author: Jason Roberts (Ph.D.)
Publisher:
ISBN:
Category : Common heritage of mankind (International law)
Languages : en
Pages : 222
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Book Description
This thesis argues that the international regime for the governance of high seas fishing lacks a key institutional principle necessary to promote sustainable behaviours among state actors. The multilateral regional fisheries management organisations of the current regime have developed no system, or only a very weak system, to establish and enforce requisite norms of behaviour among member states. The thesis thus distinguishes fisheries management from fisheries governance. With management defined by its control mechanisms and governance by its mechanisms of control. The mechanisms of fisheries management include controls on authorisation to fish, limits on fishing effort and on fish catch. Yet, high seas fisheries remain seriously degraded. This is because many multilateral fishing treaties have struggled to reverse the historical and unsustainable rates of catch that were already in place before they entered into force. Sustainable high seas fisheries require a new approach to governance mechanisms of control. The thesis thus explores the relevant definitions and details of property structures. Particularly, the concept of usufruct as a specific and limited use privilege over a thing. The holder of such an individual withdrawal right may take away some of the natural thing of value provided it does not alter the substance of the thing. The individual benefits of fish catch must be harnessed to deliver the collective future benefits from a productive fish stock. In this context, the thesis studies the potential and limits of property rights mechanisms in international fisheries institutions. It examines the statements of international treaties using Ostrom's institutional grammar technique. The coding techniques of the institutional grammar are used to extract statements of strategy, norm, and rule from the written conventions and measures of fishery treaties. These institutional statements are used to support the thesis argument that the studied treaties are purposive institutions but do not reproduce expected behavioural norms. The thesis research finds that requisite institutional rules to promote member state compliance are weak or non-existent. Governance must shift the emphasis from an individual benefit from fish-caught to the collective benefit from a fully productive fish-stock. All group members expect violators of collective agreements to be punished. Effective international governance must cause compliant behaviour to be reproduced by state members. The thesis proposes institutional policy statements that will shift state member behaviour towards sustainable fishing practice.
Author: Rosemary Gail Rayfuse
Publisher: Martinus Nijhoff Publishers
ISBN: 9004138897
Category : Law
Languages : en
Pages : 462
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Book Description
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: Kristina M. Gjerde
Publisher:
ISBN:
Category :
Languages : en
Pages : 307
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Book Description
Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 9004323449
Category : Law
Languages : en
Pages : 457
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Book Description
International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Salt-Water Fish and Shellfish Problems
Publisher:
ISBN:
Category : Fisheries
Languages : en
Pages : 38
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Book Description
