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The International Law of EEZ Fisheries

Author: Marion Markowski

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9789089520043

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As fish stocks continue to decline worldwide, coastal States seem to have largely failed in effectively managing fisheries in their Exclusive Economic Zones (EEZs). This study examines the international legal principles for effective EEZ fisheries management and assesses their domestic implementation in a comparative perspective. The 1982 United Nations Convention on the Law of the Sea, as well as general international law, provides a useful range of norms for sustainable EEZ fisheries management, if carefully interpreted. These include the coastal State's obligation to ensure that the maintenance of the living resources in its EEZ is not endangered by over-exploitation. Additional obligations include the duty to maintain or restore populations of target species at sustainable levels, the determination of catch limits for stocks affected by exploitation, and the duty to apply the precautionary approach. In addition to such environmental requirements, issues of distributive justice and procedural fairness are also included in the analysis. The second part of the book evaluates the implementation of the international legal standards in five selected coastal states (Kenya, Namibia, Indonesia, Brazil, and Mexico) and the EC. It focuses on the determination of total allowable catch, the allocation of individual fishing authorizations, and the regulation of foreign access to EEZ fisheries as exemplary management measures.

Book Synopsis The International Law of EEZ Fisheries by : Marion Markowski

Download or read book The International Law of EEZ Fisheries written by Marion Markowski and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As fish stocks continue to decline worldwide, coastal States seem to have largely failed in effectively managing fisheries in their Exclusive Economic Zones (EEZs). This study examines the international legal principles for effective EEZ fisheries management and assesses their domestic implementation in a comparative perspective. The 1982 United Nations Convention on the Law of the Sea, as well as general international law, provides a useful range of norms for sustainable EEZ fisheries management, if carefully interpreted. These include the coastal State's obligation to ensure that the maintenance of the living resources in its EEZ is not endangered by over-exploitation. Additional obligations include the duty to maintain or restore populations of target species at sustainable levels, the determination of catch limits for stocks affected by exploitation, and the duty to apply the precautionary approach. In addition to such environmental requirements, issues of distributive justice and procedural fairness are also included in the analysis. The second part of the book evaluates the implementation of the international legal standards in five selected coastal states (Kenya, Namibia, Indonesia, Brazil, and Mexico) and the EC. It focuses on the determination of total allowable catch, the allocation of individual fishing authorizations, and the regulation of foreign access to EEZ fisheries as exemplary management measures.

The International Law of Fisheries

Author: Douglas M. Johnston

Publisher:

Published: 1987

Total Pages: 648

ISBN-13:

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Book Synopsis The International Law of Fisheries by : Douglas M. Johnston

Download or read book The International Law of Fisheries written by Douglas M. Johnston and published by . This book was released on 1987 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Changing International Law of High Seas Fisheries

Author: Francisco Orrego Vicuña

Publisher: Cambridge University Press

Published: 1999-03-04

Total Pages: 372

ISBN-13: 9780521641937

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This book examines legal, economic and environmental developments including recent state and international practice.

Book Synopsis The Changing International Law of High Seas Fisheries by : Francisco Orrego Vicuña

Download or read book The Changing International Law of High Seas Fisheries written by Francisco Orrego Vicuña and published by Cambridge University Press. This book was released on 1999-03-04 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal, economic and environmental developments including recent state and international practice.

The Fisheries Regime of the Exclusive Economic Zone

Author: M. Dahmani

Publisher: BRILL

Published: 2021-09-27

Total Pages: 200

ISBN-13: 9004478299

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Book Synopsis The Fisheries Regime of the Exclusive Economic Zone by : M. Dahmani

Download or read book The Fisheries Regime of the Exclusive Economic Zone written by M. Dahmani and published by BRILL. This book was released on 2021-09-27 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The International Regime of Fisheries

Author: José A. Yturriaga

Publisher: BRILL

Published: 2021-09-27

Total Pages: 344

ISBN-13: 9004479376

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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.

Book Synopsis The International Regime of Fisheries by : José A. Yturriaga

Download or read book The International Regime of Fisheries written by José A. Yturriaga and published by BRILL. This book was released on 2021-09-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ)

Author: Thomas Dux

Publisher: LIT Verlag Münster

Published: 2011

Total Pages: 551

ISBN-13: 3643111274

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This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)

Book Synopsis Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ) by : Thomas Dux

Download or read book Specially Protected Marine Areas in the Exclusive Economic Zone (EEZ) written by Thomas Dux and published by LIT Verlag Münster. This book was released on 2011 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)

China and International Fisheries Law and Policy

Author: Guifang Xue

Publisher: Martinus Nijhoff Publishers

Published: 2005

Total Pages: 346

ISBN-13: 9004148140

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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.

Book Synopsis China and International Fisheries Law and Policy by : Guifang Xue

Download or read book China and International Fisheries Law and Policy written by Guifang Xue and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Author: SIMONE VEZZANI

Publisher: CEDAM

Published: 2020-07-24

Total Pages: 527

ISBN-13: 8813375581

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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.

Book Synopsis Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges by : SIMONE VEZZANI

Download or read book Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges written by SIMONE VEZZANI and published by CEDAM. This book was released on 2020-07-24 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Exclusive Economic Zone in International Law

Author: David Joseph Attard

Publisher: Oxford University Press, USA

Published: 1987

Total Pages: 424

ISBN-13:

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This study examines the development of the Exclusive Economic Zone, its scope and effect, as well as its relationship to other aspects of the law of the sea.

Book Synopsis The Exclusive Economic Zone in International Law by : David Joseph Attard

Download or read book The Exclusive Economic Zone in International Law written by David Joseph Attard and published by Oxford University Press, USA. This book was released on 1987 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the development of the Exclusive Economic Zone, its scope and effect, as well as its relationship to other aspects of the law of the sea.

Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Author: Camille Goodman

Publisher: Oxford University Press

Published: 2021-11-15

Total Pages: 433

ISBN-13: 019265067X

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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.

Book Synopsis Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone by : Camille Goodman

Download or read book Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2021-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.