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Author: José A. Yturriaga
Publisher: BRILL
ISBN: 9004479376
Category : Law
Languages : en
Pages : 344
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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: José A. Yturriaga
Publisher: BRILL
ISBN: 9004479376
Category : Law
Languages : en
Pages : 344
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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: Ellen Hey
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 680
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Book Description
Author: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139500457
Category : Law
Languages : en
Pages : 407
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Book Description
Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.
Author: Gianluca Ferraro
Publisher: Routledge
ISBN: 1136168923
Category : Business & Economics
Languages : en
Pages : 184
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Book Description
According to the Food and Agriculture Organization (FAO) of the United Nations, more than 80% of world’s fish stocks are fully exploited, over-exploited, depleted, or recovering from depletion. Although several international agreements have promoted more responsible fisheries, coastal states have usually maintained national policies that enable higher harvest levels rather than greater conservation of fish stocks, and international agreements for more responsible fisheries have generally experienced a weak domestic implementation. Among the major coastal fishing states, China constitutes the largest fish producer and main exporter in the world, and therefore presents a fascinating case-study for the domestic implementation of international fisheries agreements. This book investigates the degree to which China has complied with the international agreements it has signed, and asks why it is failing to meet expectations. Crucially, it calls for greater emphasis on the political, rather than technical, issues involved in the implementation of international regimes. In turn, it examines how understanding the case of China can help us to develop solutions for improved international compliance in the future. Providing an improved understanding of the implementation of international regimes, alongside an in-depth study of China’s political system, policy-making and compliance, this book will be of great interest to students and scholars of Chinese studies, international relations, public policy, and international law and environmental studies. It will also be useful for policy makers working in the fields of environmental regulation and fisheries management.
Author: Olav Schram Stokke
Publisher: MIT Press
ISBN: 0262517841
Category : Business & Economics
Languages : en
Pages : 363
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Book Description
"Evaluating the effectiveness of international regimes presents challenges that are both general and specific. What are the best methodologies for assessment within a governance area and do they enable comparison across areas? In this book, Olav Schram Stokke connects the general to the specific, developing new tools for assessing international regime effectiveness and then applying them to a particular case, governance of the Barents Sea fisheries. Stokke's innovative disaggregate methodology makes cross-comparison possible by breaking down the problem and the relevant empirical evidence"--Provided by publisher.
Author: Oran R. Young
Publisher: MIT Press
ISBN: 9780262740234
Category : Architecture
Languages : en
Pages : 348
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Book Description
This book examines how regimes influence the behavior of their members and those associated with them.
Author: D. G. Webster
Publisher: MIT Press
ISBN: 0262232707
Category : Fishery management
Languages : en
Pages : 415
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Book Description
Develops and applies an innovative theoretical framework that links domestic economic vulnerabilities to national policy positions and international management in the context of Atlantic fisheries. The rapid expansion of the fishing industry in the last century has raised major concerns over the long-term viability of many fish species. International fisheries organizations have failed to prevent the overfishing of many stocks, but succeeded in curtailing harvests for some key fisheries. In Adaptive Governance, D. G. Webster proposes a new perspective to improve our understanding of both success and failure in international resource regimes. She develops a theoretical approach, the vulnerability response framework, which can increase understanding of countries' positions on the management of international fisheries based on linkages between domestic vulnerabilities and national policy positions. Vulnerability, mainly economic in this context, acts as an indicator for domestic susceptibility to the increasing competition associated with open access and related stock declines. Because of this relationship, vulnerability can also be used to trace the trajectory of nations' positions on fisheries management as they seek political alternatives to economic problems. Webster tests this framework by using it to predict national positions for eight cases drawn from the International Commission for the Conservation of Atlantic Tunas (ICCAT). These studies reveal that there is considerable variance in the management measures ICCAT has adopted--both between different species and in dealing with the same species over time--and that much of this variance can be traced to vulnerability response behavior. Little attention has been paid to the ways in which international regimes change over time. Webster's innovative approach illuminates the pressures for change that are generated by economic competition and overexploitation in Atlantic fisheries. Her work also identifies patterns of adaptive governance, as national responses to such pressures culminate in patterns of change in international management.
Author: Margaret A. Young
Publisher: Cambridge University Press
ISBN: 1139504932
Category : Law
Languages : en
Pages :
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Book Description
This major extension of existing scholarship on the fragmentation of international law utilises the concept of 'regimes' from international law and international relations literature to define functional areas such as human rights or trade law. Responding to existing approaches, which focus on the resolution of conflicting norms between regimes, it contains a variety of critical, sociological and doctrinal perspectives on regime interaction. Leading international law scholars and practitioners reflect on how, in situations of diversity and concurrent activity, such interaction shapes and controls knowledge and norms in often hegemonic ways. The contributors draw on topical examples of interacting regimes, including climate, trade and investment regimes, to argue for new methods of regime interaction. Together, the essays combine approaches from international, transnational and comparative constitutional law to provide important insights into an issue that continues to challenge international legal theory and practice.
Author: Helmut Breitmeier
Publisher: Routledge
ISBN: 1351886843
Category : Political Science
Languages : en
Pages : 219
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Book Description
How legitimate are outcomes, outputs and impacts of global environmental regimes? Can non-state actors contribute to improve the output- and input-oriented legitimacy of global environmental governance? Helmut Breitmeier responds to these questions, balancing the volume with both theoretical and empirical chapters. The theoretical and conceptual chapters illustrate the relevance and meaning of legitimacy as well as the impact of non-state actors on environmental governance. They also describe various methodological issues involved with the coding of 23 environmental regimes. The empirical chapters are based on the findings of the International Regimes Database (IRD). They explore whether problem-solving in international regimes is effective and equitable and the influence of a regime's contribution to how states comply with international norms. These chapters also analyze whether non-state actors can improve the output- and input-oriented legitimacy of global governance systems.
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.
