Fisheries Regulations Under Extended Jurisdiction And International Law
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Fisheries Regulations Under Extended Jurisdiction And International Law
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Author : William T. Burke
language : en
Publisher: Food & Agriculture Org.
Release Date : 1982
Fisheries Regulations Under Extended Jurisdiction And International Law written by William T. Burke and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Law categories.
This paper discusses two of the problems associated with the changes taking place in the international law of the sea. The first of these deals with the transit of fishing vessels through zones of national jurisdiction beyond the territorial sea. Transitting fishing vessels have an interest in expeditious transit and the coastal States have an interest in ensuring that the vessel is not fishing within its zone during transit passage. This conflict in interest is examined and various alternatives for resolving the conflict are appraised in terms of the international law of the sea. The second problem is that of the regulation of fishing for highly migratory species in high seas enclaves beyond national jurisdiction. The interests of fishing and coastal States are examined in the light of developments in customary and conventional international law. Although the problems discussed are of primary interest to the South Pacific States, they are also relevant to other regions of the world.
The International Regime Of Fisheries
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Author : José A. Yturriaga
language : en
Publisher: BRILL
Release Date : 2021-09-27
The International Regime Of Fisheries written by José A. Yturriaga and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-27 with Law categories.
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.
Jurisdiction In International Fisheries Law Evolving Trends And New Challenges
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Author : SIMONE VEZZANI
language : it
Publisher: CEDAM
Release Date : 2020-07-24
Jurisdiction In International Fisheries Law Evolving Trends And New Challenges written by SIMONE VEZZANI and has been published by CEDAM this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-24 with Law categories.
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 International Law Of Fisheries
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Author : Douglas M. Johnston
language : en
Publisher:
Release Date : 1987
The International Law Of Fisheries written by Douglas M. Johnston and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Fishery law and legislation categories.
Promoting Sustainable Fisheries
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Author : Mary Ann E. Palma
language : en
Publisher: BRILL
Release Date : 2010
Promoting Sustainable Fisheries written by Mary Ann E. Palma and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.
Mima Bulletin Volume 33 2024
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Author : Ganesan Vethiah
language : en
Publisher: Maritime Institute of Malaysia (MIMA)
Release Date : 2024-03-01
Mima Bulletin Volume 33 2024 written by Ganesan Vethiah and has been published by Maritime Institute of Malaysia (MIMA) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-01 with History categories.
Special focus: Passage of Foreign Fishing Vessels and Enforcement Regimes of Coastal States with Reference to Malaysian Practice Description: The creation and widespread adoption of 200 nautical miles (nmi) of exclusive economic zone (EEZ) under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) represents a dramatic geographic and functional expansion of coastal states’ (refer to all the international conventions) jurisdiction – probably the largest transfer of resources to national jurisdiction in history. These zones cover about 36 per cent (%) of the surface of the seas, 90% of fisheries, and 43% of the value of the world’s “ecosystem services”. Thus, to undertake conservation measures and sustainable exploitation of fisheries and other living resources, which provide livelihoods for more than 59.5 million people and a main source of animal protein for 40% of the eight billion global population, the coastal states are empowered to undertake enforcement measures as provided by Article 73 and, to a certain extent, Article 111 in harmony with Article 300 of UNCLOS. Bearing in mind that an enhanced monitoring, control, and surveillance (MCS) on the marine fishing operation is an important tool in fisheries law and enforcement, this paper specifically discusses contentious issues of whether foreign fishing vessels (FFVs) and foreign vessels involved in fisheries-related activities (FVFRAs) enjoy the absolute right of innocent passage and freedom of navigation or limited navigational rights in all maritime zones —including the continental shelf of coastal states as provided by various articles in the UNCLOS — or they are bound to comply to the respective coastal states’ domestic laws, that is, through notification or authorisation as a mandatory requirement from relevant coastal states’ authorities, prior to entering and exiting any of their maritime zones. In addition to that, this paper also focuses on the effectiveness of enforcement measures under Section 16 of the Malaysian Fisheries Act 1985 (as amended) by relevant Malaysian maritime enforcement agencies against FFV for the failure to notify, and similar application of domestic laws and practices by other coastal states and issues related to “creeping jurisdiction” in relation to fisheries-extended jurisdiction under the notion of “territorial temptation” of coastal states. Content: - Editorial - From the Bridge - Special Focus: Passage of Foreign Fishing Vessels and Enforcement Regimes of Coastal States with Reference to Malaysian Practice (Ganesan Vethiah, Mohd Yazid Zul Kepli, Muhammad Zulhilmi Mohd Nizam & Nur Fadhlina Chan Mahadie Chan) - Unlock the Malaysian Ocean Economy with Trade Facilitation Laws (Huda Mahmoud) - Strengthening International Legal Regime Governing Submarine Cables (Jeslyn Tan) - Time Overdue for Maritime Law Reform (Matthew Van Huizen) - Special Interview with Tan Sri Dato’ Seri Dr. Sulaiman Mahbob
The Legal Regime Of Fisheries In The Caribbean Region
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Author : W. R. Edeson
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
The Legal Regime Of Fisheries In The Caribbean Region written by W. R. Edeson and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Science categories.
This book has its genesis in materials collected in the Hestern Central Atlantic region in preparation for a regional seminar on the Changing Law of the Sea and its Implications for Fisheries in the Hestern Atlantic. The Seminar, which was organised by the Food and Agriculture Organisation of the UN and funded by the Norwegian government, was held in Havana, Cuba, 1980. Most of the materials were gathered by the authors as a result of direct contact with the fisheries authorities of the region, and supplemented where possible by information obtained from public sources for the remaining countries not visited. Twenty seven countries in the region were visited, and the authors were able to obtain materials much of which is not readily accessible except in the individual countries. In writing this book, the authors have become indebted to many people for their advice and assistance. He wish to thank in particular the Food and Agriculture Organisation of the United Nations for permitting use to be made of papers submitted to the Havana seminar, and to the following members of that Organisation: L.
Fao Fisheries Technical Paper
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Author :
language : en
Publisher:
Release Date : 1982
Fao Fisheries Technical Paper written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Fisheries categories.
Protection Of Coastal Fisheries Under International Law
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Author : Stefan A. Riesenfeld
language : en
Publisher:
Release Date : 1942
Protection Of Coastal Fisheries Under International Law written by Stefan A. Riesenfeld and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1942 with Political Science categories.
The Burden Of Proof In Natural Resources Legislation
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Author : David Freestone
language : en
Publisher: Fao
Release Date : 1998
The Burden Of Proof In Natural Resources Legislation written by David Freestone and has been published by Fao this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
This Legislative Study examines the use of legal devices to ease or reverse the burden of proof, traditionally borne by the prosecution, in order to facilitate enforcement of fisheries legislation. This is related to the development of the precautionary principle in environmental law, which in a sense reverses the onus of determining whether action that could affect the environment should go forward, and to the enforcement problems of extended fisheries jurisdiction. The use and limits of presumptions, strict liability and broadly defined offences are analysed in light of national constitutional guarantees and of international law.