Author: Philippe Cacaud
Publisher: Food & Agriculture Org.
ISBN: 9789251050347
Category : Law
Languages : en
Pages : 72
Book Description
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
Administrative Sanctions in Fisheries Law
Author: Philippe Cacaud
Publisher: Food & Agriculture Org.
ISBN: 9789251050347
Category : Law
Languages : en
Pages : 72
Book Description
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
Publisher: Food & Agriculture Org.
ISBN: 9789251050347
Category : Law
Languages : en
Pages : 72
Book Description
Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.
Agricultural Law
Author: Sukhbir Bhatnagar
Publisher: Mittal Publications
ISBN: 9788183242356
Category : Agricultural laws and legislation
Languages : en
Pages : 296
Book Description
Publisher: Mittal Publications
ISBN: 9788183242356
Category : Agricultural laws and legislation
Languages : en
Pages : 296
Book Description
Implementing and Enforcing European Fisheries Law
Author: Berg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638504
Category : Law
Languages : en
Pages : 349
Book Description
Within the European Union, overfishing, overcapacity and non-compliance with the system of catch quotas are threatening the very existence of some fisheries resources. In dealing with these problems, the Common Fisheries Policy (CFP) has developed into one of the most regulated areas of the European Union. Yet, in order to provide for the necessary implementation and enforcement frameworks, the European Union strongly relies on the Member States: a reliance on fifteen different legal systems with different regulatory capacities, different legal traditions and different enforcement systems of criminal law, administrative law, private law or disciplinary law. Implementing and Enforcing European Fisheries Laws focuses on the legal and practical problems of the implementation and enforcement of the EU's catch quotas in a shared legal order. It examines in detail how effective enforcement can be achieved in a process of European integration. A distinctive feature of this book is the attention given to the trend towards sectoralization whereby management and enforcement responsibilities are shared between the central government and organisations representing fishermen. To what extent does sectoralization affect traditional systems of public law enforcement? What does resort to the fishing sector itself mean for the degree of legal control Member States exercise over these systems? The book is divided into three sections: Part One examines the Community law context; Part Two investigates implementation and enforcement in the Netherlands and the United Kingdom and analyzes the effectiveness of the existing regulatory frameworks and the systems of criminal, administrative and disciplinary law used to enforce the fisheries laws and regulations. Part Three compares the national systems in the light of European law requirements and the protection of individual rights. The book concludes with the future of fisheries enforcement and considers the potential changes in enforcement. The study is of importance for the future role of the CFP and its possible effects on national implementation and enforcement. More generally, the book reveals the shifting distribution of responsibilities between the Community and the national institutions and actors involved and shows many of the possibilities for and the limits of regulatory enforcement in a setting of European integration.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638504
Category : Law
Languages : en
Pages : 349
Book Description
Within the European Union, overfishing, overcapacity and non-compliance with the system of catch quotas are threatening the very existence of some fisheries resources. In dealing with these problems, the Common Fisheries Policy (CFP) has developed into one of the most regulated areas of the European Union. Yet, in order to provide for the necessary implementation and enforcement frameworks, the European Union strongly relies on the Member States: a reliance on fifteen different legal systems with different regulatory capacities, different legal traditions and different enforcement systems of criminal law, administrative law, private law or disciplinary law. Implementing and Enforcing European Fisheries Laws focuses on the legal and practical problems of the implementation and enforcement of the EU's catch quotas in a shared legal order. It examines in detail how effective enforcement can be achieved in a process of European integration. A distinctive feature of this book is the attention given to the trend towards sectoralization whereby management and enforcement responsibilities are shared between the central government and organisations representing fishermen. To what extent does sectoralization affect traditional systems of public law enforcement? What does resort to the fishing sector itself mean for the degree of legal control Member States exercise over these systems? The book is divided into three sections: Part One examines the Community law context; Part Two investigates implementation and enforcement in the Netherlands and the United Kingdom and analyzes the effectiveness of the existing regulatory frameworks and the systems of criminal, administrative and disciplinary law used to enforce the fisheries laws and regulations. Part Three compares the national systems in the light of European law requirements and the protection of individual rights. The book concludes with the future of fisheries enforcement and considers the potential changes in enforcement. The study is of importance for the future role of the CFP and its possible effects on national implementation and enforcement. More generally, the book reveals the shifting distribution of responsibilities between the Community and the national institutions and actors involved and shows many of the possibilities for and the limits of regulatory enforcement in a setting of European integration.
Towards Sustainable Fisheries Law
Author: Gerd Winter
Publisher: IUCN
ISBN: 2831711428
Category : Conservation of natural resources
Languages : en
Pages : 357
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.
Publisher: IUCN
ISBN: 2831711428
Category : Conservation of natural resources
Languages : en
Pages : 357
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.
Coastal State Jurisdiction Over Living Resources in the Exclusive Economic Zone
Author: Camille Goodman
Publisher: Oxford University Press
ISBN: 0192896849
Category : Law
Languages : en
Pages : 433
Book Description
Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
Publisher: Oxford University Press
ISBN: 0192896849
Category : Law
Languages : en
Pages : 433
Book Description
Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.
Legislating for sustainable small-scale fisheries
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
ISBN: 9251332819
Category : Technology & Engineering
Languages : en
Pages : 112
Book Description
The Voluntary Guidelines for Securing Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) are the first international instrument dedicated entirely to the small-scale fisheries sector. While the implementation of the SSF Guidelines will require legal and regulatory adjustments beyond national fisheries legislation to ensure political and legislative coherence and fully reflect the breadth of their provisions, the fundamental function of fisheries law in a sustainable use, management, and the development of small-scale fisheries is indisputable. Appropriate fisheries legislation provides the strongest possible framework for inclusive, participatory fisheries governance and resource management by providing a coherent basis for implementing and enforcing the SSF Guidelines and other related international and regional agreements and commitments. Legislation can therefore be a tangible way to support small-scale fishers, fish workers, and their communities and contribute to broader development goals, including the progressive realization of the right to food, poverty eradication, equitable development, and sustainable resource utilization. This document, Legislating for Sustainable Small-Scale Fisheries – A guide and considerations for implementing aspects of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication in National Legislation, is a tool for States to strengthen their fisheries legislation in order to establish conditions for inclusive and sustainable small-scale fisheries development, taking into account the interrelatedness of social, economic and environmental sustainability, while focusing on marginalized groups.
Publisher: Food & Agriculture Org.
ISBN: 9251332819
Category : Technology & Engineering
Languages : en
Pages : 112
Book Description
The Voluntary Guidelines for Securing Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines) are the first international instrument dedicated entirely to the small-scale fisheries sector. While the implementation of the SSF Guidelines will require legal and regulatory adjustments beyond national fisheries legislation to ensure political and legislative coherence and fully reflect the breadth of their provisions, the fundamental function of fisheries law in a sustainable use, management, and the development of small-scale fisheries is indisputable. Appropriate fisheries legislation provides the strongest possible framework for inclusive, participatory fisheries governance and resource management by providing a coherent basis for implementing and enforcing the SSF Guidelines and other related international and regional agreements and commitments. Legislation can therefore be a tangible way to support small-scale fishers, fish workers, and their communities and contribute to broader development goals, including the progressive realization of the right to food, poverty eradication, equitable development, and sustainable resource utilization. This document, Legislating for Sustainable Small-Scale Fisheries – A guide and considerations for implementing aspects of the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication in National Legislation, is a tool for States to strengthen their fisheries legislation in order to establish conditions for inclusive and sustainable small-scale fisheries development, taking into account the interrelatedness of social, economic and environmental sustainability, while focusing on marginalized groups.
Promoting Sustainable Fisheries
Author: Mary Ann E. Palma
Publisher: BRILL
ISBN: 900417575X
Category : Law
Languages : en
Pages : 368
Book Description
Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.
Publisher: BRILL
ISBN: 900417575X
Category : Law
Languages : en
Pages : 368
Book Description
Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.
Fisheries Enforcement
Author: Erik Franckx
Publisher: Food & Agriculture Org.
ISBN: 9789251046852
Category : Fishery law and legislation
Languages : en
Pages : 196
Book Description
This study examines fisheries control issues at the national, regional and subregional level. It consists of two major international agreements: the FAO Compliance Agreement and the UN Fish Stocks Agreement. The study analyses and compares national legal systems and their governance of fisheries control. Existing and proposed regional and subregional agreements are identified, analysed and compared.
Publisher: Food & Agriculture Org.
ISBN: 9789251046852
Category : Fishery law and legislation
Languages : en
Pages : 196
Book Description
This study examines fisheries control issues at the national, regional and subregional level. It consists of two major international agreements: the FAO Compliance Agreement and the UN Fish Stocks Agreement. The study analyses and compares national legal systems and their governance of fisheries control. Existing and proposed regional and subregional agreements are identified, analysed and compared.
China and International Fisheries Law and Policy
Author: Guifang Xue
Publisher: Martinus Nijhoff Publishers
ISBN: 9004148140
Category : History
Languages : en
Pages : 346
Book Description
This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004148140
Category : History
Languages : en
Pages : 346
Book Description
This book deals with China's response to international fisheries law and policy as envisaged in the LOSC framework and post-LOSC fisheries instruments. As the first monograph of its kind dealing with the complex issue of the global fisheries crisis and China's fisheries management practice over a significant period of time, the book builds a bridge between China and the world for a better understanding of Chinese fisheries management. It will be of great value to academics, professionals, and policy-makers alike.
The Endangered Species Act
Author: Stanford Environmental Law Society
Publisher: Stanford Environmental Law Soc
ISBN: 9780804738439
Category : Law
Languages : en
Pages : 296
Book Description
This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act--its history, provisions, accomplishments, and failures.
Publisher: Stanford Environmental Law Soc
ISBN: 9780804738439
Category : Law
Languages : en
Pages : 296
Book Description
This handbook is a guide to the federal Endangered Species Act, the primary U.S. law aimed at protecting species of animals and plants from human threats to their survival. It is intended for lawyers, government agency employees, students, community activists, businesspeople, and any citizen who wants to understand the Act--its history, provisions, accomplishments, and failures.