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This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.
Book Synopsis Non-Flag State Enforcement in High Seas Fisheries by : Rosemary Gail Rayfuse
Download or read book Non-Flag State Enforcement in High Seas Fisheries written by Rosemary Gail Rayfuse and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.
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.
Book Synopsis International Law and Marine Areas beyond National Jurisdiction by : Vito De Lucia
Download or read book International Law and Marine Areas beyond National Jurisdiction written by Vito De Lucia and published by BRILL. This book was released on 2022-01-31 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
The concept of a fishing entity is a new category of fishing actors, separate from that of states, in the international law of the sea. The emergence of this new category provides a significant development towards a more flexible application of regulations regarding usage of the sea. A fishing entity owns advanced technology and fishing skills, and, as such, has an important role to play in global and regional conservation and management of fishery resources. Despite this, it is defined as being distinct from a state in the relevant legal documents, resulting in unclear circumstances involving certain global and regional agreements which usually apply to the latter. This ambiguity is particularly prevalent in legal procedures on the high seas when the sovereignty of a state comes into question, such as boarding and inspection. This book provides a detailed definition of the role of the fishing entity in the international law of the sea, and its obligations and rights in high seas fishery enforcements.
Book Synopsis Fishing Entity Enforcement in High Seas Fisheries by : Ying-Ting Chen
Download or read book Fishing Entity Enforcement in High Seas Fisheries written by Ying-Ting Chen and published by Cambridge Scholars Publishing. This book was released on 2014-10-21 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of a fishing entity is a new category of fishing actors, separate from that of states, in the international law of the sea. The emergence of this new category provides a significant development towards a more flexible application of regulations regarding usage of the sea. A fishing entity owns advanced technology and fishing skills, and, as such, has an important role to play in global and regional conservation and management of fishery resources. Despite this, it is defined as being distinct from a state in the relevant legal documents, resulting in unclear circumstances involving certain global and regional agreements which usually apply to the latter. This ambiguity is particularly prevalent in legal procedures on the high seas when the sovereignty of a state comes into question, such as boarding and inspection. This book provides a detailed definition of the role of the fishing entity in the international law of the sea, and its obligations and rights in high seas fishery enforcements.
Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
Book Synopsis State Responsibility for Interferences with the Freedom of Navigation in Public International Law by : Philipp Wendel
Download or read book State Responsibility for Interferences with the Freedom of Navigation in Public International Law written by Philipp Wendel and published by Springer Science & Business Media. This book was released on 2007-10-25 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.
Global Commons and the Law of the Sea respectively addresses the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Book Synopsis Global Commons and the Law of the Sea by : Keyuan Zou
Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Commons and the Law of the Sea respectively addresses the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Book Synopsis Flag State Implementation by : International Maritime Organization
Download or read book Flag State Implementation written by International Maritime Organization and published by IMO Publishing. This book was released on 2010 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .
Book Synopsis Flag State Responsibility by : John N. K. Mansell
Download or read book Flag State Responsibility written by John N. K. Mansell and published by Springer Science & Business Media. This book was released on 2009-06-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .
"A publication of the National Research Council of Canada Monograph Publishing Program."
Book Synopsis The Quest for Sustainable International Fisheries by : Evelyne Meltzer
Download or read book The Quest for Sustainable International Fisheries written by Evelyne Meltzer and published by NRC Research Press. This book was released on 2009 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A publication of the National Research Council of Canada Monograph Publishing Program."
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.
Book Synopsis Governing High Seas Fisheries by : Olav Schram Stokke
Download or read book Governing High Seas Fisheries written by Olav Schram Stokke and published by Oxford University Press, USA. This book was released on 2001 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters.
Book Synopsis International Marine Economy by : Myron H. Nordquist
Download or read book International Marine Economy written by Myron H. Nordquist and published by BRILL. This book was released on 2017-04-10 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters.
