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| Author | : Andrew Serdy |
| Publisher | : Cambridge University Press |
| Total Pages | : 515 |
| Release | : 2016-02-19 |
| Genre | : Business & Economics |
| ISBN | : 1107001560 |
International agreements on allocation of fish stocks do not apply to other States - can they be prevented from upsetting hard-fought bargains?
| Author | : SIMONE VEZZANI |
| Publisher | : CEDAM |
| Total Pages | : 527 |
| Release | : 2020-07-24 |
| Genre | : Law |
| ISBN | : 8813375581 |
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.
| Author | : Bjørn Kunoy |
| Publisher | : Taylor & Francis |
| Total Pages | : 376 |
| Release | : 2024-10-14 |
| Genre | : Law |
| ISBN | : 1040160212 |
Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law. Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offers a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many states, coastal communities and economies globally. The book’s chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management and sustainable use of living resources globally.
| Author | : Richard Caddell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 512 |
| Release | : 2019-04-04 |
| Genre | : Law |
| ISBN | : 1509923365 |
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.
| Author | : Ellen Hey |
| Publisher | : BRILL |
| Total Pages | : 670 |
| Release | : 2021-10-05 |
| Genre | : Law |
| ISBN | : 9004478388 |
| Author | : Yoshifumi Tanaka |
| Publisher | : Cambridge University Press |
| Total Pages | : 683 |
| Release | : 2023-02-28 |
| Genre | : Law |
| ISBN | : 1316516881 |
Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
| Author | : Marta Chantal Ribeiro |
| Publisher | : Springer Nature |
| Total Pages | : 473 |
| Release | : 2020-05-23 |
| Genre | : Law |
| ISBN | : 3030426718 |
This book analyses a selection of challenges in the implementation and application of the 1982 UN Convention on the Law of the Sea (UNCLOS), focusing on several areas: international organizations, fisheries, security, preserving marine biodiversity, dispute settlement, and interaction with other areas of international law. UNCLOS has been described as the Constitution for the Oceans. It sets out the fundamental rights, obligations and jurisdictions of States regarding the access to, uses and management of the oceans and seas and their resources. It balances States’ diverse and sometimes conflicting interests, such as conflicting uses of space, against navigational interests and the protection of the marine environment. UNCLOS is the first global treaty to include comprehensive obligations on the protection and preservation of the marine environment, including the conservation of living marine resources. These are often common or cross-border challenges, which can only be addressed through international cooperation. The book is divided into three thematic parts. The first concerns the role of international organizations in ocean governance. It includes twelve chapters covering a very diverse set of issues, both materially and geographically, that demonstrate the importance of coordinated actions on the part of multiple States for obtaining harmonized solutions regarding the pursuit of activities in maritime spaces (in connection with e.g. navigation, fisheries or maritime security). The second part concerns the relevance of dispute settlement mechanisms for understanding the international law of the sea and the international legal framework within which the actions of the great maritime powers take place. It is composed of three chapters, examining stakeholders’ role in dispute settlement, the position taken by China and the Russian Federation regarding international litigation in maritime spaces, and how the South China Sea Award may be relevant to the debate on the international legal concepts of rock and island. In turn, the third part addresses current discussions on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Its seven chapters report on the status quo of the ongoing negotiations for a new international legal regime of the high seas, and the establishment and operationalization of environmental regimes for international maritime spaces.
| Author | : Malcolm N. Shaw |
| Publisher | : Cambridge University Press |
| Total Pages | : 1123 |
| Release | : 2017-09-14 |
| Genre | : Law |
| ISBN | : 1316991741 |
International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.
| Author | : Akiho Shibata |
| Publisher | : Routledge |
| Total Pages | : 276 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 0429865910 |
More than ever before the changing environmental and political landscape in the Arctic requires stability and foreseeability based on resilient common norms. The emerging legal orders in the Arctic cannot be legitimately created or effectively implemented unless all relevant actors are involved. Simultaneously, it must always be based on respect for the sovereign rights of the eight Arctic states in the region, as well as the tradition and cultural livelihood of the local communities. It is this delicate balance between Arctic and non-Arctic interests that is the core problématique for the emerging legal orders in the Arctic. Emerging Legal Orders in the Arctic critically examines the role of non-Arctic actors in this advancement of the shape and scope of the Arctic legal order. Discussing the admittance and participation of Observer states and organisations in the Arctic Council, including task force meetings where new treaties are negotiated, it details the issues and successes this can result in. Setting up the context of the current legal orders in the Arctic, the book discusses Asian, indigenous and European perspectives, amongst others. There is a strong focus on the groundbreaking fisheries agreement of November 2017 in the Central Arctic Ocean (CAO), and the impact on both Arctic and non-Arctic actors. Interests in marine living resources, scientific cooperation and the Arctic shipping regimes and governance are also thoroughly discussed from multiple perspectives. The book combines the expertise of academics and practitioners in the fields of international law and Arctic governance, uniquely focusing on Asian actors in the Arctic legal order-making. The resulting study is a fascinating insight into the interplay between non-Arctic actors and the Arctic legal order, and will be invaluable to academics in the field of Arctic and international law.
| Author | : Annabel Brett |
| Publisher | : Cambridge University Press |
| Total Pages | : 423 |
| Release | : 2021-10-07 |
| Genre | : History |
| ISBN | : 1108842461 |
Juxtaposes standpoints from which disciplines of history, political thought and law conceive and generate political order beyond the state.
