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Governing High Seas Fisheries

Governing High Seas Fisheries
Author: Olav Schram Stokke
Publisher: Oxford University Press, USA
Total Pages: 394
Release: 2001
Genre: Law
ISBN: 9780198299493

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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.


Towards Global Sustainable High Seas Fisheries. A critical assessment

Towards Global Sustainable High Seas Fisheries. A critical assessment
Author: Elise Verdonck
Publisher: GRIN Verlag
Total Pages: 62
Release: 2014-11-25
Genre: Science
ISBN: 3656845735

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Essay from the year 2014 in the subject Politics - Environmental Policy, grade: A-, University of Auckland, course: International Environmental Law, language: English, abstract: The crucial role of the oceans in the climate and functioning of the planet is an undeniable fact. Oceans cover over 70 percent of the earth’s surface and house a major part of global biodiversity. Ocean ecosystems support all life on earth: they regulate the global temperature, provide rain, food and oxygen, and they manage a certain amount of human pollutants. Nearly 64 percent of the oceans lie far beyond the coast of individual states. The high seas and the deep seabed, which form the parts of the oceans that are beyond the national jurisdiction of coastal countries, are some of the least protected areas on earth. Because of its very low temperature, lack of light and energy-deprived character, the high seas were long considered hostile to life. For centuries those areas beyond national jurisdiction (ABNJ) were being treated as a virtual desert without any sign of life or resources. Until the later decades of the twentieth century, the deep sea with its rare organisms and unique ecosystems was largely unexplored by humans. This resulted in a collective lack of knowledge about the rich biodiversity and abundant resources of the high seas and the deep seabed. In recent decades, human interest and activities outside the limits of coastal state jurisdiction have increased. Reasons of the sudden interest in those unknown parts of the oceans were inter alia the depletion of fishery stocks within national jurisdiction, the expansion of global maritime trade, the search for new resources and scientific interest in the deep sea. New advances in technology and maritime transport made it possible for scientists to explore the mysterious uncharted parts of the oceans. This essay will focus on one particular part of the global biodiversity, namely the high seas fish stocks. There is a worldwide increasing demand for seafood. Consequently, a global industry is developed with more and bigger ships. The increased pressure on high seas fish stocks has caused a crisis in the current high seas fisheries management. Over 32 percent of the fish stocks are overexploited, depleted or still recovering from depletion. Global fishing activities will have to become subject to sustainable management measures if we want to secure the fisheries' benefits for the long term. Sustainable management of wild fish stocks causes beneficial effects for the economic output, livelihoods and food security.


Filling Regulatory Gaps in High Seas Fisheries

Filling Regulatory Gaps in High Seas Fisheries
Author: Yoshinobu Takei
Publisher: Martinus Nijhoff Publishers
Total Pages: 308
Release: 2013-03-27
Genre: Law
ISBN: 9004248609

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In Filling Regulatory Gaps in High Seas Fisheries, author Yoshinobu Takei investigates the regime of high seas fisheries from the perspective of international law and considers whether there are regulatory gaps in high seas fisheries and, if so, how they should be filled. The book focuses on topical issues such as the management of deep-sea fisheries on the high seas and the protection of vulnerable marine ecosystems. In view of the current state of marine fisheries resources, together with ecosystem concerns, swift and effective action is required to improve fisheries management, in particular for high seas fisheries. Takei thoroughly analyzes the current state of affairs and convincingly suggests steps to be taken in the future.


High Seas Governance

High Seas Governance
Author: Robert C. Beckman
Publisher: BRILL
Total Pages: 336
Release: 2018-11-22
Genre: Law
ISBN: 9004373306

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High Seas Governance: Gaps and Challenges discusses and presents solutions to identified gaps in the legal regime governing the high seas, including the protection of sensitive marine areas, marine pollution, conservation of marine living resources, and activities by non-state actors.


The Freedom to Fish

The Freedom to Fish
Author: Reed Watson
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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The high seas are often characterized as the final and most challenging frontier of fisheries governance. Stock depletions and rent dissipation persist there despite the recovery of several fish stocks within exclusive economic zones. This article examines the legal institutions relevant to managing straddling and highly migratory fish stocks, focusing in particular on the United Nations Convention on the Law of the Sea (UNCLOs) and the UN Fish Stocks Agreement. It summarizes the evolution of the freedom to fish and explains how that freedom has frustrated efforts to address excess capitalization and stock depletion on the high seas. The article then describes the conditions under which a communal property framework, of the type envisioned in the UN Fish Stocks Agreement, could function for straddling and highly migratory fish stocks. Noting that these conditions are currently absent from most regional fisheries management organizations, the article concludes by outlining the options for collective and unilateral action to close the high seas commons.


Conservation on the High Seas

Conservation on the High Seas
Author: Simone Borg
Publisher: Edward Elgar Publishing
Total Pages: 337
Release: 2012-01-01
Genre: Nature
ISBN: 085793564X

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ïThis book from Simone Borg is a much needed and highly recommended study on conservation on the high seas and harmonizing international regimes for the sustainable use of living resources. This publication is very topical considering the continuous over-exploitation of the living resources. It is a very exhaustive study of many international instruments, the most importantly the 1982 The United Nations Law of the Sea Convention. The author in an admirable manner linked the issue of the conservation of living resources on the high seas to the fundamental principles underlying modern environmental law such as the precautionary principle. The unique feature which sets this book apart from the other similar publications is that it is firmly entrenched in general international law, i.e. deals in a very erudite manner with the issues of fragmentation and harmonisation of international law in the context of conservation. This book will appeal not only to the experts on the law of the sea, but also to general international lawyers.Í _ Malgosia Fitzmaurice, Queen Mary, University of London, UK ïThis is an excellent book, which has taken apart a very complicated part of international law, and reassembled it in a manner which is up-to-date, accessible, insightful and coherent. In doing so, this work plugs a gap in the scholarship in this area, for which the author is to be truly commended. It is an essential addition for all practitioners, scholars and students who work or study, in one of the foremost environmental challenges of the 21st century: conservation on the high seas.Í _ Alexander Gillepsie, University of Waikato, New Zealand ïThe conservation of living marine resources with diverse characteristics and life styles has become an international concern. BorgÍs book provides an examination of the regulatory and legal implications of marine conservation. The analysis takes account of UNCLOS Treaties and the UNCED (1992) that aid a more holistic response by States towards conservation, the marine environment and socio-economic needs. Despite shortcomings and failures there have been success stories that highlight the potential of effective interaction between fisheries law and environmental law. The book addresses the legal aspects of international regimes aimed at setting conservation obligations, compliance and enforcement. This is a path breaking work that shows how international law can diversify itself into different legal streams to ensure flexibility and a degree of adaptation to the different interests of the States involved.Í _ John McEldowney, University of Warwick, UK This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species. An intricate body of norms has accumulated over the last few decades, consisting of prior and subsequent rules addressing the same issues, as well as a number of specialized rules that supplement more general ones. However, this process has also exposed the fragmentation of the relevant international regimes, with evolving and diverse interpretations of the same legal terms fine-tuning or qualifying earlier treaties. Uncertainty prevails as to how these norms interrelate with each other. The book assesses to what extent the harmonization of these international regimes is possible. It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply ïinterpreted awayÍ but require the further development of international law in order to be resolved properly. This unique book will appeal to academics and students in international law, especially those researching marine conservation and the applicable legal framework. It will be equally useful to organizations both public and private with an interest in marine conservation beyond national jurisdiction. Environmental groups and policy-makers in maritime affairs, environmental issues and fisheries management will also find much to interest them in this insightful book.


Law and Politics in Ocean Governance

Law and Politics in Ocean Governance
Author: Tore Henriksen
Publisher: BRILL
Total Pages: 241
Release: 2005-12-01
Genre: Law
ISBN: 9047417720

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The UN Fish Stocks Agreement was an effort to curb rising conflicts and unilateral actions regarding the rights and duties of States to exploit and manage straddling and highly migratory fish stocks. It broke new ground in international fisheries law in terms of incorporating new environmental principles, provisions on compliance and enforcement, and the duty of States to co-operate. This volume explores how these commitments are acted upon by States in a selection of regional fisheries management regimes, covering fisheries from the European Arctic to the western and central Pacific Ocean. The cases chosen reflect the heterogeneity of institutional arrangements that are established at the regional level to manage straddling and highly migratory fish stocks. The authors review three established regional fisheries management regimes and two regional agreements establishing such regimes, negotiated following the UN Fish Stocks Agreement.


International Ocean Governance

International Ocean Governance
Author: Lee A. Kimball
Publisher: IUCN
Total Pages: 140
Release: 2003
Genre: Nature
ISBN: 9782831706177

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Non-flag State Enforcement in High Seas Fisheries

Non-flag State Enforcement in High Seas Fisheries
Author: Rosemary Gail Rayfuse
Publisher: Martinus Nijhoff Publishers
Total Pages: 472
Release: 2004
Genre: Law
ISBN:

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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.