The Potential and Limits of a Common-property System for Sustainable High Seas Fishing PDF Download
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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: Jason Roberts (Ph.D.)
Publisher:
ISBN:
Category : Common heritage of mankind (International law)
Languages : en
Pages : 222
Get Book Here
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: Simone Borg
Publisher: Edward Elgar Publishing
ISBN: 085793564X
Category : Nature
Languages : en
Pages : 337
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Book Description
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.
Author: Elise Verdonck
Publisher:
ISBN: 9783656845744
Category :
Languages : en
Pages : 62
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Book Description
Essay from the year 2014 in the subject Politics - International 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
Author: David Symes
Publisher:
ISBN:
Category : Science
Languages : en
Pages : 288
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Book Description
Common property rights pose one of the most pervasive problems for fisheries management, legitimising exploitative behaviours among competing resource users and inhibiting the development of effective management regimes for sustainable fisheries. Issues of property rights and regulatory systems are examined at different levels in the hierarchy of management from local inshore fisheries through coastal state jurisdiction to international high seas regimes. Contributions include an assessment of the new international regime in the aftermath of the UN Agreement on high seas fishing, the legal interpretations of property rights, key issues for the reform of the European Union's Common Fisheries Policy, and the efficacy of local community management systems.
Author: Andrew Serdy
Publisher: Cambridge University Press
ISBN: 9781108735254
Category : Law
Languages : en
Pages : 0
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Book Description
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: Evelyne Meltzer
Publisher: NRC Research Press
ISBN: 0660197243
Category : Fishery management, International
Languages : en
Pages : 496
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Book Description
"A publication of the National Research Council of Canada Monograph Publishing Program."
Author: Gerd Winter
Publisher: IUCN
ISBN: 2831711428
Category : Conservation of natural resources
Languages : en
Pages : 357
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Book Description
With the growing scarcity of fish resources, instruments of fisheries management become crucial. This publication suggests a legal approach to this isssue, and focuses on six case studies: Indonesia, Kenya, Namibia, Brazil, Mexico and the EU. The case studies are preceded by an analysis of the international law requirements concerning fisheries management, with a focus on fisheries in Exclusive Economic Zones. The final part of the book summarises the case studies and develops a proposal for a 'legal clinic' for fisheries management.
Author: Ernest W. Carlson
Publisher:
ISBN:
Category : Commons
Languages : en
Pages : 34
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Book Description
Author: J. Samuel Barkin
Publisher: MIT Press
ISBN: 0262312778
Category : Political Science
Languages : en
Pages : 287
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Book Description
A proposal for a new global approach for fisheries focused on reducing fishing capacity and providing incentives for long-term sustainability. The Earth's oceans are overfished, despite more than fifty years of cooperation among the world's fishing nations. There are too many boats chasing too few fish. In Saving Global Fisheries, J. Samuel Barkin and Elizabeth DeSombre analyze the problem of overfishing and offer a provocative proposal for a global regulatory and policy approach. Existing patterns of international fisheries management try to limit the number of fish that can be caught while governments simultaneously subsidize increased fishing capacity, focusing on fisheries as an industry to be developed rather than on fish as a resource to be conserved. Regionally based international management means that protection in one area simply shifts fishing efforts to other species or regions. Barkin and DeSombre argue that global rather than regional regulation is necessary for successful fisheries management and emphasize the need to reduce subsidies. They propose an international system of individual transferable quotas that would give holders of permits an interest in the long-term health of fish stocks and help create a sustainable level of fishing capacity globally.
Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469
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Book Description
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.
