Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges PDF Author: SIMONE VEZZANI
Publisher: CEDAM
ISBN: 8813375581
Category : Law
Languages : it
Pages : 527

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Book Description
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.

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges PDF Author: SIMONE VEZZANI
Publisher: CEDAM
ISBN: 8813375581
Category : Law
Languages : it
Pages : 527

Get Book Here

Book Description
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.

Jurisdiction in International Fisheries Law

Jurisdiction in International Fisheries Law PDF Author: Simone Vezzani
Publisher: CEDAM
ISBN: 9788813375430
Category : Law
Languages : en
Pages : 0

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Book Description
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. --

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea PDF 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.

The Changing International Law of High Seas Fisheries

The Changing International Law of High Seas Fisheries PDF 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.

A Dual Approach to Ocean Governance

A Dual Approach to Ocean Governance PDF Author: Yoshifumi Tanaka
Publisher: Routledge
ISBN: 1317188314
Category : Law
Languages : en
Pages : 315

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Book Description
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

A Legislative History of the Fishery Conservation and Management Act of 1976

A Legislative History of the Fishery Conservation and Management Act of 1976 PDF Author:
Publisher:
ISBN:
Category : Fishery law and legislation
Languages : en
Pages : 1184

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Book Description


Strengthening International Fisheries Law in an Era of Changing Oceans

Strengthening International Fisheries Law in an Era of Changing Oceans PDF Author: Richard Caddell
Publisher: Bloomsbury Publishing
ISBN: 1509923357
Category : Law
Languages : en
Pages : 534

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Book Description
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.

Hearings, Reports and Prints of the Senate Committee on Commerce

Hearings, Reports and Prints of the Senate Committee on Commerce PDF Author: United States. Congress. Senate. Committee on Commerce
Publisher:
ISBN:
Category : Legislative hearings
Languages : en
Pages : 1222

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Book Description


Trends and Future Challenges for U.S. National Ocean and Coastal Policy August 1999

Trends and Future Challenges for U.S. National Ocean and Coastal Policy August 1999 PDF Author:
Publisher: DIANE Publishing
ISBN: 142896505X
Category :
Languages : en
Pages : 130

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Book Description


Science, Technology, and New Challenges to Ocean Law

Science, Technology, and New Challenges to Ocean Law PDF Author: Harry N. Scheiber
Publisher: BRILL
ISBN: 9004299610
Category : Law
Languages : en
Pages : 491

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Book Description
Science, Technology, and New Challenges to Ocean Law offers fresh perspectives on a set of vital issues in the field of ocean law and policy. Since the early period of the industrial revolution, successive waves of revolutionary scientific discoveries and technological innovations have intensified the global population’s exploitation of ocean and coastal resources. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for sustainability and equitability. Among the topics that are analysed in these readable, accessible papers are ecosystem approaches to resource management, the historic interplay of science and military concerns, the place of science in dispute-settlement processes, the varied human uses of the seabed, the roles in ocean governance of indigenous peoples, legal issues in fisheries management and conservation, and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean. The urgent importance of the subjects addressed here, together with the variety of disciplinary approaches deployed by the authors, enhance the value of this book’s unique contribution to the literature of ocean studies.