Fisheries Regulations Under Extended Jurisdiction and International Law PDF Download
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Author: William T. Burke
Publisher: Food & Agriculture Org.
ISBN: 9789251012314
Category : Law
Languages : en
Pages : 34
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Book Description
This paper discusses two of the problems associated with the changes taking place in the international law of the sea. The first of these deals with the transit of fishing vessels through zones of national jurisdiction beyond the territorial sea. Transitting fishing vessels have an interest in expeditious transit and the coastal States have an interest in ensuring that the vessel is not fishing within its zone during transit passage. This conflict in interest is examined and various alternatives for resolving the conflict are appraised in terms of the international law of the sea. The second problem is that of the regulation of fishing for highly migratory species in high seas enclaves beyond national jurisdiction. The interests of fishing and coastal States are examined in the light of developments in customary and conventional international law. Although the problems discussed are of primary interest to the South Pacific States, they are also relevant to other regions of the world.
Author: William T. Burke
Publisher: Food & Agriculture Org.
ISBN: 9789251012314
Category : Law
Languages : en
Pages : 34
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Book Description
This paper discusses two of the problems associated with the changes taking place in the international law of the sea. The first of these deals with the transit of fishing vessels through zones of national jurisdiction beyond the territorial sea. Transitting fishing vessels have an interest in expeditious transit and the coastal States have an interest in ensuring that the vessel is not fishing within its zone during transit passage. This conflict in interest is examined and various alternatives for resolving the conflict are appraised in terms of the international law of the sea. The second problem is that of the regulation of fishing for highly migratory species in high seas enclaves beyond national jurisdiction. The interests of fishing and coastal States are examined in the light of developments in customary and conventional international law. Although the problems discussed are of primary interest to the South Pacific States, they are also relevant to other regions of the world.
Author: Tomas Heidar
Publisher: BRILL
ISBN: 9004437754
Category : Law
Languages : en
Pages : 498
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Book Description
New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.
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.
Author: Erika J. Techera
Publisher: BRILL
ISBN: 9004345515
Category : Law
Languages : en
Pages : 300
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Book Description
In International Law of Sharks, Erika J. Techera and Natalie Klein provide an in-depth analysis of the current legal frameworks that relate to these important species. The authors offer ways in which to overcome obstacles that prevent existing laws from working better and identify best practice global governance options while highlighting opportunities for legal reform. Scientific evidence indicates that sharks play a critical role in maintaining marine ecosystem health, yet current governance regimes have not been effective and many shark species continue to diminish. In this context, effective laws are critical to improve sharks’ conservation status. This volume also explores the broader relevance of oceans governance by identifying appropriate legal frameworks and regulatory mechanisms that balance conservation and utilisation of marine species in general.
Author: Stanford Environmental Law Society
Publisher: Stanford Environmental Law Soc
ISBN: 9780804738439
Category : Law
Languages : en
Pages : 296
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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.
Author: José Antonio de Yturriaga
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103659
Category : Law
Languages : en
Pages : 352
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Book Description
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: United States. Congress. Senate. Committee on Commerce. Subcommittee on Oceans and Atmosphere
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 188
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Book Description
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792310631
Category : Law
Languages : en
Pages : 894
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Book Description
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conferences Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
Author: René Jean Dupuy
Publisher: Martinus Nijhoff Publishers
ISBN: 9004639187
Category : Law
Languages : en
Pages : 881
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Book Description
The fact that the Montego Bay Convention has been only ratified by 37 States at present and that it will be some time before the 60 ratifications required by Article 308 are achieved has not prevented states from acting in accordance with the rules drawn up by the Conference. Close on one hundred states have established either exclusive economic zones broadly modelled on Part V or 200-nautical-mile fishery zones and drawn on the principles laid down for exploiting living resources. Although these laws have been formulated unilaterally by states, international custom, since the judgement by the International Court of Justice in the Fisheries Case of 18 December 1951, is derived from concordant national rules. This shift began even before the Conference ended, and has been consolidated since then. Moreover, the régime governing the sea-bed beyond the limits of national jurisdiction defined by Part XI, which was the stumbling block of the Conference, is subject to transitional arrangements on the basis of two resolutions adopted in the Conference's Final Act, one providing for the establishment of a Preparatory Commission and the other on the preliminary activities of pioneer investors. This two-volume work, an earlier edition of which appeared in French, has been written by a team of experts of international renown. It presents an analysis of the Convention with an additional Chapter on the legal régime governing underwater archaeological and historical objects.
Author: Netherlands Institute for the Law of the Sea
Publisher: Martinus Nijhoff Publishers
ISBN: 9781853334559
Category : Law
Languages : en
Pages : 682
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Book Description
This is the only independent collection of documents related to ocean affairs & the law of the sea, issued each year by international organizatios. It is arranged systematically & thereby gives the community of scholars & practitioners in ocean affairs & the law of the sea much improved access to essential documentation.
