The New Entrants Problem In International Fisheries Law
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The New Entrants Problem In International Fisheries Law
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Author : Andrew Serdy
language : en
Publisher:
Release Date : 2016
The New Entrants Problem In International Fisheries Law written by Andrew Serdy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Fishery management, International categories.
Are international fisheries heading away from open access to a global commons towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional Fisheries Management Organisations, in whose gift participatory rights increasingly lie, are perceptibly shifting their attention to this approach, which has hitherto been little analysed; this book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
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 New Entrants Problem In International Fisheries Law
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Author : Andrew Serdy
language : en
Publisher: Cambridge University Press
Release Date : 2016-02-19
The New Entrants Problem In International Fisheries Law written by Andrew Serdy 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 2016-02-19 with Business & Economics categories.
International agreements on allocation of fish stocks do not apply to other States - can they be prevented from upsetting hard-fought bargains?
Strengthening International Fisheries Law In An Era Of Changing Oceans
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Author :
language : en
Publisher:
Release Date : 2019
Strengthening International Fisheries Law In An Era Of Changing Oceans written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
"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"--Bloomsbury Publishing.
Developments In International Fisheries Law
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Author : Ellen Hey
language : en
Publisher: BRILL
Release Date : 2021-10-05
Developments In International Fisheries Law written by Ellen Hey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-05 with Law categories.
Developments In International Fisheries Law
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Author : Ellen Hey
language : en
Publisher: Springer
Release Date : 1999-11-24
Developments In International Fisheries Law written by Ellen Hey and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-11-24 with Law categories.
Strengthening International Fisheries Law In An Era Of Changing Oceans
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Author : Richard Caddell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-04
Strengthening International Fisheries Law In An Era Of Changing Oceans written by Richard Caddell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
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.
The Contribution Of International Fisheries Law To Human Development
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Author : Nienke van der Burgt
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-01
The Contribution Of International Fisheries Law To Human Development written by Nienke van der Burgt and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-01 with Law categories.
The Contribution of International Fisheries Law to Human Development: An Analysis of Multilateral and ACP-EU Fisheries Instruments examines whether and how legal fisheries instruments encompass a normative consensus on human development. Focusing on both multilateral (treaties and soft-law) as well as the ACP-EU bilateral fisheries instruments, Nienke van der Burgt provides a detailed analysis as to whether these different types of legal instruments reflect the principles of equity, poverty eradication and participation, which have been identified as key indicators of human development. Moreover, specific attention is paid to whether explicit reference is made to the small-scale fisheries sector and to the role of women. Concluding that despite increasing evidence of the potential and significant contribution of fisheries towards human development, legal fisheries instruments seem to be struggling with the incorporation of a human development–centred approach, The Contribution of International Fisheries Law to Human Development is essential reading for all those involved in the fields of international environmental law and sustainable human development.
The International Law Of The Sea
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Author : Yoshifumi Tanaka
language : en
Publisher: Cambridge University Press
Release Date : 2023-02-28
The International Law Of The Sea written by Yoshifumi Tanaka 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 2023-02-28 with Law categories.
Provides clear, systematic and comprehensive coverage of fundamental and contemporary issues of the law of the sea.
Unresolved Issues And New Challenges To The Law Of The Sea
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Author : Anastasia Strati
language : en
Publisher: BRILL
Release Date : 2006-04-28
Unresolved Issues And New Challenges To The Law Of The Sea written by Anastasia Strati and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-28 with Law categories.
This work analyzes the management of shared fish stocks; protection of the underwater cultural heritage; the possibilities of establishing marine protected areas and other means for safeguarding vulnerable marine ecosystems; the use of the high seas for intelligence as well as recent developments on interdiction of vessels on the high seas.