Fisheries Subsidies Under International Law
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Fisheries Subsidies Under International Law
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Author : Chen-Ju Chen
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-09-17
Fisheries Subsidies Under International Law written by Chen-Ju Chen 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 2010-09-17 with Law categories.
Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.
Subsidies In World Fisheries
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Author : Matteo Milazzo
language : en
Publisher: World Bank Publications
Release Date : 1998-01-01
Subsidies In World Fisheries written by Matteo Milazzo and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-01-01 with Technology & Engineering categories.
In the past six years, the world's fishery sector has reached a turning point with global fish production reaching a plateau of approximately 100 million tons annually. While aquaculture output continued to grow, yields from capture fisheries were uneven and showed increasing signs of stagnation because of widespread overfishing and overcapitalization, ineffective management, deteriorating resource health, declining or flat global harvests, and inefficient economic and trade policies. This paper examines the role of subsidies in fisheries.
The Wto Law Of Subsidies
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Author : Marc Benitah
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-05-23
The Wto Law Of Subsidies written by Marc Benitah and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-23 with Law categories.
Subsidies are arguably the dominant theme in International Economic Law. A prolific case law has been elaborated by WTO Panels and Appellate Body in response to the multitude of complaints lodged in the past two decades (Softwood Lumber, Airbus, Boeing, etc.) Unfortunately, it is possible to be overwhelmed by the complexity of this case law. This book provides a comprehensive approach in response to this complexity. First, it avoids unnecessary legal jargon, making it accessible to a large public. Second, it adopts a comprehensive and progressive approach where legal subtleties are not avoided but presented at the right moment and the right place. The reader is therefore not overwhelmed from the outset by a multitude of details. The first Part of the book adopts the perspective of a WTO Member seeking to counter an alleged subsidy granted by another Member. To this end, this first Part scans and analyzes in detail all WTO Agreements, containing cumulative disciplines and remedies relating to subsidies. Therefore, it is not only the SCM Agreement that is scanned and analyzed but also the Agreement on Agriculture (AoA), GATT 1994, and even the 1980 Agreement on Trade in Civil Aircraft (ATCA). The second Part of the book adopts the perspective of a WTO Member accused of granting subsidies violating subsidies disciplines.To this end, an original classification is offered of the various strategies that can be used by this Member. For this purpose, a distinction is made between the “threshold strategy” where the existence of a challengeable subsidy is recused from the outset, the “denying violation of disciplines strategy,”the “exemption or exception strategy,” the “procedural and evidentiary strategy,” and finally the “implementing strategy.” The last Part of this book, which could turn out to be the most useful for the community of agents concerned by subsidies, offers an original examination of pending legal issues. To this end, a relevant distinction is established between pending legal issues partially answered by present case law and pending legal issues not still answered by present case law. This case law and the norms disciplining subsidies in WTO Agreements are of utmost importance first for International Trade Ministries, Parliaments, and International Institutions (OECD, CNUCED, FAO, etc.). However, Non-Governmental Organizations (World Wide Fund, etc.) are also directly concerned by this topic regarding, for example, fisheries subsidies and their impact on overexploitation of marine resources. The private sector (fishing fleets, fishermen, extractive industries, etc.) is also affected by this topic particularly regarding future investments.Law firms involved in subsidies cases are naturally at the forefront of the community of agents concerned by this topic.
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.
Trading Fish Saving Fish
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Author : Margaret A. Young
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14
Trading Fish Saving Fish written by Margaret A. Young and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Law categories.
Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.
Clash Of Powers
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Author : Kristen Hopewell
language : en
Publisher: Cambridge University Press
Release Date : 2020-10-22
Clash Of Powers written by Kristen Hopewell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-22 with Business & Economics categories.
One of the first analyses of the impact of US-China rivalry on the governance of global trade.
Fisheries Subsidies Sustainable Development And The Wto
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Author : Anja von Moltke
language : en
Publisher: Routledge
Release Date : 2014-10-14
Fisheries Subsidies Sustainable Development And The Wto written by Anja von Moltke and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-14 with Nature categories.
The fisheries sector is in crisis. Inappropriate subsidies to the fishing industry are a key factor responsible for worldwide fisheries depletion, overcapitalization and ecosystem degradation. There is an urgent need for an international mechanism to promote the appropriate restructuring of fisheries subsidies in order to create a more sustainable industry. In recent years the leading international forum charged with providing such a mechanism has been the World Trade Organization (WTO).This book explains why and how the reform of fisheries subsidies has become one of the most concrete and potentially successful international efforts to achieve global environmental, economic and developmental policy coherence. It describes the history and current status of the discussions at the WTO, drawing on UNEP's key documents and reflecting on the major issues. Accompanying the book are downloadable resources containing full-text versions of the most important source material used in the publication. The book is aimed at a broad stakeholder audience, including policymakers in the fields of trade, fisheries, environmental economics and international environmental governance, as well as academics and others looking for an overview of the fisheries subsidies issue and an introduction to its technical components.Published with the United Nations Environment Programme (UNEP)
Fishing Power Europe
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Author : Mihail Vatsov
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Fishing Power Europe written by Mihail Vatsov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Law categories.
This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
Guide For Identifying Assessing And Reporting On Subsidies In The Fisheries Sector
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Author : Lena Westlund
language : en
Publisher: Food & Agriculture Org.
Release Date : 2004
Guide For Identifying Assessing And Reporting On Subsidies In The Fisheries Sector written by Lena Westlund 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 2004 with Technology & Engineering categories.
This publication contains detailed and practical guidance for fisheries professionals on identification, assessment and reporting of subsidies in the fisheries sector, covering the following topics: planning and preparation for a fishery subsidies study; definitions and categories of subsidies; assessment methods and measurement factors; comparative analysis; costs and earnings analyses, taking into account the impact on industry profits; and reporting issues.
Fossil Fuel Subsidy Reform
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Author : Vernon JC Rive
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Fossil Fuel Subsidy Reform written by Vernon JC Rive and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This much-needed book provides an empirically-grounded, and theoretically informed account of international law sources, mechanisms, initiatives and institutions which address and affect the practice of subsidising fossil fuel consumption and production. Drawing on recent scholarship on emerging international governance mechanisms, ‘informal’ international law-making and regime interaction, it offers suggestions, and critiques suggestions of others, for how the international law framework could be employed more effectively and appropriately to respond to environmentally and fiscally harmful fossil fuel subsidies.