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Journal articles on the topic 'Fishery law and legislation'
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1
Purwanti, Ani, Dyah Wijaningsih, Muh Afif Mahfud, and Fajar Ahmad Setiawan. "ASSESSING FISHERY LEGISLATION FOR GENDER EQUALITY AND EMPOWERMENT IN FISHERY COMMUNITIES IN INDONESIA." Diponegoro Law Review 6, no. 2 (October 31, 2021): 172–90. http://dx.doi.org/10.14710/dilrev.6.2.2021.172-190.
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The research objective was to analyze the problem of fisherwomen empowerment and gender equality based on legal reviews in Indonesia. The research method used is normative legal studies. The results of the study found that there are discriminatory implications in Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Farmers, and Salt Farmers or commonly referred to as the PEF Act (Protection and Empowerment of Fishermen) which is not in line with the empowerment of fisherwomen and is in conflict with gender equality. The findings make it clear that fisherwomen, unlike other economic actors in the fishing industry, are the most overlooked group rooted in socio-cultural prejudice. The PEF Act does not specifically recognize or even mandate any form of affirmative action for fisherwomen to gain equal access to protection and empowerment programs. This causes fisherwomen who have been culturally forcibly placed in households and away from the fishing industry. But instead, the PEF Act dwarfed the position of women as a mere secondary role in fishery households instead of the main breadwinner. Therefore, this study suggests that the government should make a strict amendment to the PEF Act. Namely recognizing gender equality in the role of fisherwomen and followed by reforming gender mainstreaming in the fisheries bureaucracy to accommodate fisherwomen's rights to access community empowerment programs for fishing communities.
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Wu, Wei, Yang Liu, Zhaobin Pei, Yan Lin, Xin Sun, Jiaqi Xing, Yuwei Wang, and Yu Liu. "Inheritance and Development: The Evolution and Overview of China’s Fisheries Legal System." Fishes 8, no. 1 (December 22, 2022): 5. http://dx.doi.org/10.3390/fishes8010005.
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China’s legal system governing fisheries in China has been stable during development. In line with China’s national conditions and the spirit of the times, they have adhered to the concept of green development and maintaining the sustainable development of fishery production activities. Studying the history of Chinese fishery law is beneficial for the world to understand the evolution of this legislation and is a better gateway for the world to understand fisheries law with Chinese characteristics. Fishery, in this context, refers to fishing and fish farming. In China, fisheries are under the management of the Ministry of Agriculture and Rural Affairs, while fisheries enforcement has a special law enforcement department for collaborative management. Therefore, both fishing and fish farming in China’s fisheries industry belong to the category of agriculture. This is different from the West and is precisely what makes China unique. This paper explores the Chinese fishery legal and general legal systems by investigating policy guidelines, laws, and regulations on China’s fishery industry since 1949. Furthermore, it analyzes the development process of fisheries. Organizing the development status of China’s fishery legal and regulatory system analyzes the problems of fishery production control and development, searches for paths and methods to solve the practical problems, and finally, makes a reasonable outlook on the development prospect of China’s fishery.
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Monita, Yulia, Nys Arfa, and Zulham Adamy. "CRIMINAL LIABILITY OF FISHERY PERPETRATOR ACCORDING TO FISHERY LAW NUMBER 45 OF 2009 CONCERNING AMENDMENT TO LAW NUMBER 31 OF 2004." Berumpun: International Journal of Social, Politics, and Humanities 3, no. 2 (October 4, 2020): 127–39. http://dx.doi.org/10.33019/berumpun.v3i2.29.
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Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.
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Christiernsson, Anna, Gabriel Michanek, and Pontus Nilsson. "Marine Natura 2000 and Fishery – The Case of Sweden." Journal for European Environmental & Planning Law 12, no. 1 (March 19, 2015): 22–49. http://dx.doi.org/10.1163/18760104-01201002.
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Fishing operations likely to have a significant effect on a marine Natura 2000 area shall be subject to prior assessment and authorisation according to Article 6.3 of the Habitats Directive. This provision, partly also article 6.2, and in particular the cjeu case law, implies that this prior control should be applied rather often in practice, even for recurrent fishery irrespective of when the first fishing operation occurred in an area. Article 11 of the Common Fisheries Policy Regulation entails that Sweden and other Member States apply Article 6 of the Habitats Directive within the entire exclusive economic zone, to both own and foreign fishing vessels. A Member State is also, under certain preconditions, empowered to impose restrictions on fishery not supported by article 6 of the Habitats Directive, especially within the 12 nautical miles zone. A Member State is not formally hindered from excluding fishery from prior assessment and authorisation if instead general requirements on fishery in legislation can ensure that no future fishing operation is likely to have a significant effect on the Natura 2000 area. However, cjeu case law indicates that it would be difficult to fulfil that precondition.
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Ramlan, Ramlan, and Faisal Riza. "Supervision of Fishery Resources through Integrated Technology." Journal of Progressive Law and Legal Studies 2, no. 02 (February 17, 2024): 82–92. http://dx.doi.org/10.59653/jplls.v2i02.646.
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Fisheries crimes damage ecosystems and fisheries resources in waters or sea areas. Although various efforts have been made to stop criminal acts in the fisheries sector, fisheries supervision is still carried out. Therefore, policies and implementation systems for monitoring criminal acts in the fisheries sector must be considered because the public, apart from authorized supervisory officers, can supervise fisheries. This research focuses on determining policies and implementation of supervision that uses integrated technology. The normative legal research methods used are the statutory and concept approaches. Researchers also collect data and conduct studies through qualitative analysis. Law Number 45 of 2009, concerning Amendments to Law Number 31 of 2004 concerning Fisheries, is the basis for supervision. Another law included in supervision is Law Number 1 of 2014 concerning Amendments to Law Number 27 of 2007 concerning the Management of Coastal Areas and Small Islands. According to this research analysis, integrated technology for fisheries monitoring is new and needs to be taken seriously by various legislative policies.
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Fu, Ben-Chao, and Hao Liu. "What Do We Need to Do? The Sustainable Development of Chinese Marine Fisheries: A Legal Perspective." Fishes 8, no. 1 (December 27, 2022): 16. http://dx.doi.org/10.3390/fishes8010016.
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Both the nation with rich marine fishery resources and the nation importing marine fishery resources are increasingly attending to the sustainable growth of marine biodiversity and the balanced governance of fisheries. Nevertheless, Chinese marine fisheries have achieved progressively sustainable development from a legal perspective. Initially, the present paper outlines the legal relationship between sustainable development theory and marine fisheries, discusses the current circumstances of Chinese marine fisheries, and reviews Chinese legal regimens governing marine fisheries. Given this context, the paper explores and analyzes the legal issues (legislation, law enforcement, and administrative management) concerning the sustainable development of Chinese marine fisheries. These significant matters are then discussed to advance a potential approach to enhancing the legal systems governing Chinese marine fisheries and ameliorating the sustainable development of such fisheries. The results will serve as a reference to help lawmakers, decision-makers, and practitioners.
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Simonova, Veronika V. "In alliance with a nocturnal landscape: memory and water law in the north Baikal, Siberia." Polar Record 50, no. 4 (May 27, 2014): 414–20. http://dx.doi.org/10.1017/s0032247414000254.
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ABSTRACTThis paper examines the ethnography of nocturnal fishery and relationships with water, relevant for Evenkis occupying the northern coastal area of Lake Baikal, Siberia. The material arises from Evenkis of Kumora village who live near Lake Irkana and from archival sources. Although the nocturnal fishery is declared illegal in official legislation, local residents invoke memories to mark that practice as traditional and important for the local community since it is not merely a subsistence activity but also an emotional experience and long-term relationships with the landscape. This paper argues that local social memory devoted to this practice serves as a kind of fishing tool and a tool for supporting local ideas of how fishing should be governed. The collision between memory and water law is not discussed in terms of antagonism between local groups and authorities but as ignorance between memory-gifted people and the landscape, and memory-disabled official approaches to nocturnal fishing and its histories. Finally, memory-gifted human landscape relationships termed as ‘alliance’ are approached as a powerful conglomerate that ‘consumes’ authorised visions of fishing patterns in their own way.
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Hanninger, Eva-Maria Franziska, Jörn Selling, Katharina Heyer, and Patricia Burkhardt-Holm. "Injuries in cetaceans in the Strait of Gibraltar: an update for the period 2016-2020." J. Cetacean Res. Manage. 24, no. 1 (September 25, 2023): 143–60. http://dx.doi.org/10.47536/jcrm.v24i1.397.
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The Strait of Gibraltar is an important habitat for seven regularly occurring cetacean species. These waters are heavily used for fishing and therefore experience extraordinary levels of shipping traffic. Photography provides a valuable and non‐invasive tool to monitor the health of cetacean populations, where external injuries may indicate specific anthropogenic impacts, such as vessel strikes or fishery interactions. We manually screened 27,866 photos taken during whale‐watching operations between 2016–20 for human‐induced injuries. Injuries of potential anthropogenic origin were detected in 228 cases. The severity of these injuries ranged from superficial linear marks to severe traumas that may affect survival and fitness. Severe injuries included a gunshot wound, vessel‐related traumata and abrasions, signs of previous severe entanglements and deep lacerations which could stem from recreational fishery activities or propellor cuts and occasionally served as an entry point for dermal infections. In 2007, Spanish legislation introduced regulations on how to approach cetaceans by boat, but recreational fishery vessels have been commonly observed to disregard this law. We therefore urge stricter control and enforcement of existing laws and collaboration between the Spanish and Moroccan authorities to mitigate the human impact on cetaceans in this region. KEYWORDS: CETACEANS, STRAIT OF GIBRALTAR, HUMAN IMPACT, WOUNDS, LACERATIONS, ENTANGLEMENTS
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Handayani, I. Gusti Ayu Ketut Rachmi. "Green Development Rights For Optimizing Urban Area And Coastal Areas In Indonesia (Consitency Of The State Of The Doctrine Of The Right To Control The State)." Constitutional Review 2, no. 1 (August 27, 2016): 057. http://dx.doi.org/10.31078/consrev213.
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The green development right paradigm will elaborate the ontology (nature), and the ways or methods in order to achieve the ultimate goal of the green development right. This ultimate goal will be focused on the creation of the ideal maritime systems that may guarantee all related parties, such as individual, society, or community, private sectors and the government, to convert their potentials to be functional towards public welfare. The core elements of the green development right will emphasizes the series of norms in managing the coastal and frontline island potentials. The normative framework covers Environmental Law, Fishery Law, and Coastal Law. The research methods use an empirical approach and normative approach. The study documents the analysis consists of constitutions, legislation and various policies relating to the subject matter studied in Indonesia area and the problems it faces and report the results of the various meetings, seminars, public hearings.
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Sun, Yanli. "Study on Legal Issues of Ocean Fishing in China." Journal of Marine Science 4, no. 2 (June 13, 2022): 1. http://dx.doi.org/10.30564/jms.v4i2.4454.
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“The 21st century is the century of the ocean.” In recent years, China has paid more and more attention to the promotion and development of the marine industry, especially the ocean fishery has brought immeasurable economic benefits to China. The development of the marine field is becoming more and more important in the national political, economic and cultural development. All coastal countries have included marine development in their national development strategies and continuously improved their marine legislation under the provisions of the United Nations Convention on the law of the sea. China’s pelagic fishing began in 1985, but because China’s pelagic fishing started too late, after the entry into force of the United Nations Convention on the law of the sea at the end of 1994, nearly 36% of the richest high seas on earth became the exclusive economic zone of coastal countries, and the development space of China’s pelagic fishing has become very limited. After just more than 30 years of development, ***. However, before that, China’s pelagic fishing was still subject to the dual norms of international conventions and domestic laws, and China had not yet formulated a special law on pelagic fishing, and there were still many deficiencies in the legal system norms of pelagic fishing. Therefore, the biggest problem facing China’s pelagic fishery is how to better develop the marine industry under the system of laws and regulations, drive the coordinated economic development, provide legal guidance and help for pelagic fishermen, and provide solid technical support for building a marine power with Chinese characteristics.
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Bekyashev, D. K. "Legal Conflicts in the Regulation of Fishing in the Exclusive Economic Zone of the Russian Federation in the Southern Part of the Sea of Okhotsk and the Determination of its External Boundary." Actual Problems of Russian Law, no. 7 (July 1, 2018): 193–98. http://dx.doi.org/10.17803/1994-1471.2018.92.7.193-198.
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The article considers the norms of the legislation of the Russian Federation regarding the establishment of the boundaries of maritime areas and the regulation of fishing in them. The treaties concluded by the Russian Federation are analyzed: the United Nations Convention on the Law of the Sea of 1982, the Agreement between the Russian Federation and Japan on mutual relations in the field of fishery off the coasts of both countries of December 7, 1984. Conflicts of existing legal norms concerning the definition of the external border of the exclusive economic zone of the Russian Federation in the southern part of the Sea of Okhotsk and the norms regulating fishing in it have been revealed. It is emphasized that this situation creates serious problems for Russian fishing vessels. The practice of applying international legal norms and norms of the Russian legislation by the authorized state bodies of the Russian Federation is considered, and features of their interpretation are established. The recommendations on the resolution of these legal conflicts have been developed.
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Vopilovsky, S. S. "LEGISLATIVE INITIATIVES STIMULATING THE EFFECTIVE DEVELOPMENT OF THE FISHERIES IN RUSSIA." Scientific Review Theory and Practice 10, no. 12 (2020): 3304–20. http://dx.doi.org/10.35679/2226-0226-2020-10-12-3304-3320.
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The study presents the fundamental regulatory legal acts that determine the activities of the fisheries industry in Russia. It is determined that the system of current legislation has a complex, ramified system, which is a weighty basis for making management decisions at each level of the management pyramid. It is noted that the generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. The "historical principle" is presented as the basis for decisions made in the field of state regulation, its main purpose at the current stage of development of the fishery complex (FHC) of the country. The mechanism of updating the regulatory framework of the fishing industry, discussion of legislative initiatives has been analyzed. The proposals of LLC “Russian Fish Industry Company” (LLC “RRPK”) on legislative changes in the field of allocation of quotas and tax regulation, aimed at the effective development of the Russian Fish Chemical Complex, were considered. The opinions, appeals and position of the industry professional community on the proposed initiatives are shown. The latest regulatory legal acts of state regulation of the Russian agricultural complex are presented. The “auction system” is designated as an alternative to the “historical principle”, its legislative support, as well as the reaction of fishermen in the North and the Far East on the redistribution of rights to access the country's aquatic biological resources. The purpose of the study is to assess the role of the current legislation of the Russian Federation, the process of updating the regulatory legal acts that are the basis for the activities of the fishing industry and stimulate its effective development. Emphasizes the importance of working out legal issues in order to reboot positive processes aimed at restoring effective employment, effective demand, improving the business climate, and accelerating the technological development of the economy.
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Zanetell, Brooke Ann. "Legislating community‐based management: Lessons from the venezuelan freshwater fishery." Journal of International Wildlife Law & Policy 4, no. 3 (January 2001): 279–94. http://dx.doi.org/10.1080/13880290109353991.
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Kurimoto, Akira. "Outline of the Workers Co-operative Act in Japan - Líneas generales de la Ley de cooperativas de trabajadores en Japón." CIRIEC-España, revista jurídica de economía social y cooperativa, no. 38 (July 22, 2021): 293. http://dx.doi.org/10.7203/ciriec-jur.38.20995.
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The Japanese co-operative legislation is characterized by the separate laws that are specializing to regulate the particular categories of co-operatives and enacted in line with the industrial policies, and the strong government’s control on incorporation and business activities. The Industrial Co-operative Act of 1900 was a uniform law following the German model and provided for the legal framework of credit, supply, marketing and production2 co-operatives. After the Second World War, the allied force introduced the radical land reform as a part of economic democratization programs and helped to enact the Agricultural Co-operative Act in 1947 to cement the effects of reform through organizing farmers in agricultural co-operatives. Then, the other co-operative laws were enacted in line with industrial policies (fishery, forestry, banking, SMEs etc.) during 1948-1978.
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Aqorau, Transform. "Moving towards a Rights-Based Fisheries Management Regime for the Tuna Fisheries in the Western and Central Pacific Ocean." International Journal of Marine and Coastal Law 22, no. 1 (2007): 125–42. http://dx.doi.org/10.1163/157180807781475290.
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AbstractThe 2000 Convention for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention) establishes a Commission which will be responsible for setting catch limits and effort controls for the fishery. The Convention will require the Pacific Island States to impose some form of catch limits and this presents them with the opportunity to explore ways to enhance the fisheries regimes they manage. This paper explores the legal issues surrounding a possible rights-based regime, both as a collective approach by the Pacific Island States, and individually. The paper suggests possible legal approaches to the introduction of a rights-based fisheries management regime, drawing on ways in which they may structure their fisheries legislation, and on experiences from other regions. The paper concludes by examining the implications for the Pacific Island States of such an approach.
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Boelaert-Suominen, Sonja. "The European Community, the European Court of Justice and the Law of the Sea." International Journal of Marine and Coastal Law 23, no. 4 (2008): 643–713. http://dx.doi.org/10.1163/157180808x353894.
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AbstractThe European Community has gradually increased its focus on marine and maritime affairs, starting with the Community's Fishery Policy in the 1970s and culminating recently in the 2007 Blue Book on an Integrated Maritime Policy of the European Union. The Community's increased clout over marine and maritime matters has been reflected also in the case law of the European Court of Justice. From the outset the Court has given great impetus to the Community's efforts to assert its external competence in matters related to fisheries and conservation of biological resources of the sea. Even so, the Court has thus far only occasionally been confronted with public international law questions pertaining to the law of the sea. However, the few cases in which the Court has addressed such issues are worthy of note. For example, the Court has ruled on whether Member States should be allowed to rely on the international law of the sea in order to derogate from obligations under Community law; whether Member States should be allowed to prefer the dispute settlement provisions set out in the 1982 United Nations Convention on the Law of the Sea over the Community's own dispute settlement system; and on whether private parties may invoke arguments derived from the customary or conventional international law of the sea to challenge the validity of Community legislation pertaining to marine and maritime matters. The resulting judgments of the European Court of Justice have often turned out to be landmark cases, although some of them have tended to divide academic opinion.
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Lieng, Sopha, Nobuyuki Yagi, and Hiroe Ishihara. "Global Ecolabelling Certification Standards and ASEAN Fisheries: Can Fisheries Legislations in ASEAN Countries Support the Fisheries Certification?" Sustainability 10, no. 11 (October 23, 2018): 3843. http://dx.doi.org/10.3390/su10113843.
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Fisheries, particularly small-scale fisheries, in the Association of Southeast Asian Nations (ASEAN) countries are an important source of food security, nutrition, and livelihood for people. However, high fishing pressure and other impacts have resulted in a decline of fisheries resources, questioning the future sustainability of fisheries. Ecolabelling is a tool developed based on the Code of Conduct for Responsible Fisheries and the Food and Agriculture Organization (FAO) Guideline for Ecolabelling of Fish and Fisheries Products from Marine/Inland Fisheries. In the past decades, only a few fisheries in ASEAN countries have been certified. This study particularly focuses on the legal frameworks of these countries and reviews the existing national fisheries legislation, including laws, acts, decrees, directives, rules, and regulations in ASEAN countries in relation to the requirement of the fisheries certification standards. The review reveals that although the legal frameworks in ASEAN member states generally provide a fair basis for their fisheries to meet the requirement of the fisheries certification standards, further improvements are required to incorporate the concept of adaptive management, precautionary approaches, and reference points on fishery management objectives. Monitoring, control, and surveillance of fisheries and other enforcement activities for fisheries legislations are other challenges to ensure sustainability of fisheries through fisheries certification.
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SHUMAN, CRAIG S., GREGOR HODGSON, and RICHARD F. AMBROSE. "Managing the marine aquarium trade: is eco-certification the answer?" Environmental Conservation 31, no. 4 (December 2004): 339–48. http://dx.doi.org/10.1017/s0376892904001663.
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Global trade in marine ornamental species includes numerous countries; however, 80% of the trade involves exports from the Philippines and Indonesia to the USA. The worldwide import value of marine ornamentals is estimated at US$ 200–330 million annually. Recent concern regarding sustainability and environmental impacts on coral reefs where collection occurs has spurred debate as to how best to monitor, manage and regulate the industry. A certification programme proposed by the Marine Aquarium Council (MAC) has the potential to manage the trade efficiently by minimizing environmental impacts, thus continuing this important source of income for impoverished coastal villagers. The MAC Ecosystem and Fishery Management (EFM) Standard was established to protect fish stocks from overexploitation and will be the most difficult component of the certification programme to implement. Prerequisites for successful EFM in developing nations are local control over fisheries and accurate records to monitor catch. Collector logs were found to be a useful tool to monitor both catch per unit effort (CPUE) and catch composition from collection areas in the Philippines. Comparison of catch composition in two distinct regions of the Philippines indicated that one site was severely overfished while the other was moderately overfished. The Collection Area Management Plan required by the MAC certification programme, combined with the current legal framework in the Philippines allowing for local jurisdiction of reef resources, has the potential to prevent further overfishing in the latter region. Until sufficient ecological data can be obtained, CPUE can provide an effective means to monitor and manage the fishery within the framework of the MAC certification programme. Despite effective management plans in source nations, legislation in receiving nations may be required to help stimulate a strong market demand for certified ornamentals if the MAC certification programme is to be successful.
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Parwati, Ni Ketut Sri, and Mr Sudjito. "Politik Hukum Pemberian Hak Guna Usaha Setelah Berlakunya Undang-Undang Penanaman Modal Nomor 25 Tahun 2007 dan Implikasinya terhadap Nasib Petani." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 21, no. 1 (February 23, 2012): 141. http://dx.doi.org/10.22146/jmh.16251.
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Application policy of Investment Act (Undang-Undang Penanaman Modal/UUPM) Number 25 of 2007 about Capital investment can bring negative implication to fate of farmer. UUPM hardly clearly gives amenity to investor to obtain farm and tends to give the big trust to investor to build the economic of Indonesia. The amenitys that is given to investor can be misused if there is not followed by readiness of the law structure with having enough ability to implement the substance of UUPM causing can give the negative implication to fate of farmer. Until now, the implementation of vesting policy of HGU still has many harvesting problem between entrepreneurs with public that occupying on the area around of HGU. The application of policy that applying of vesting of HGU after implementing of UUPM has give ever greater gain to entrepreneur because the duration of domination of extendable HGU at the first time. The Government needs to take the normatif of rule that remain to the farmer to gets justice and prosperity while investor still can inculcate the legal capital and has the business in Indonesia. In this case, the law structure prepared to beginning of UUPM must really brood in order not to invite abuse to vesting of HGU to investor. This thing is enabled by HGU that can be transferred or transferred to other party according to PP Nomor 40 Tahun 1996, while UUPM only arrange the duration of vesting of HGU. Visible capital investment act as indication that there is no motivation for economics independence of public, the policy takers doesn’t believe the Indonesian farmer can build plantation, agriculture and fishery or even is improved to become company. This act exactly trusts in investor that is most accurate cluster in giving the huge of land, whereas Indonesian farmer becomes cheap labour only. This is the main characteristic of colonial agrarian law that reanimated on behalf of INVESTMENT. Our farmer is not really poor; however they impoverished by regulation and legislation which nonalignment to Indonesian public.
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Theophilopoulos, Constantine. "State compulsion of smartphone security features and the privilege against self-incrimination." South African Journal of Criminal Justice 36, no. 2 (2023): 282–303. http://dx.doi.org/10.47348/sacj/v36/i2a5.
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There is currently a lacuna in statutory and case law about the legal nexus between smartphone technology in the form of password/code or biometric-locked smartphone security features and the privilege against self-incrimination. This paper examines whether a recipient of a cyber-warrant, subpoena, or other compelling order, may invoke the privilege against self-incrimination in the face of a state order compelling the production of a security feature in order to unlock a smartphone and forensically access stored incriminating data files as admissible relevant evidence at trial. This paper examines the legal nexus by critical reference to relevant South African legislation, comparative international law, the Fifth Amendment privilege, and the foregone conclusion doctrine as described by the USA Supreme Court in Fisher v United States, Hubbell v United States and other federal courts.
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Baird, Rachel. "Australia's Response to Illegal Foreign Fishing: A Case of winning the Battle but losing the Law?" International Journal of Marine and Coastal Law 23, no. 1 (2008): 95–124. http://dx.doi.org/10.1163/092735208x272292.
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AbstractThe right of prompt release has been interpreted by the International Tribunal for the Law of the Sea as a safeguard, balancing the right of the coastal State to detain and deal with arrested fishing vessels and crew on the one hand, with the interests of the flag State to secure the release of detained vessels on the other. As the incidence of illegal fishing within national fishing zones has increased in the past decade, many coastal States, such as Australia, have implemented increasingly harsh penalties aimed at deterring the fishers. One such measure involves the operation of an automatic forfeiture regime whereby the detained vessel, gear and catch are forfeited to the Commonwealth. This regime operates in the absence of any judgement on the merits. This paper examines the details of the Australian legislation in addition to recent case law and concludes that the operation of the automatic forfeiture regime has the potential to upset the balance established in Article 73 of the 1982 United Nations Convention on the Law of the Sea.
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Spitzer, Robert J. "What's Old Is New Again: Political Science, Law, and Constitutional Meaning." PS: Political Science & Politics 46, no. 03 (June 21, 2013): 493–97. http://dx.doi.org/10.1017/s1049096513000747.
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Political science and law intersect not only in the political world, but as disciplines. This is as it should be, and for two important reasons: disciplinary history and content. As Fisher (2009, 798) notes, the first political science graduate program, founded in 1880, studied “history, law, and philosophy.” The American Political Science Association, founded in 1903, defined itself in terms of six distinct areas of study, five of which—comparative legislation, international law, constitutional law, administrative law, and jurisprudence—were in some manner about law (798). In addition, law is the expression of authority by the state. Its formation, content, and consequences form the purest expression of governmental power through what we more comprehensively define today as public policy. Early in the history of our discipline, political scientists approached the law in a manner that was “legalistic, formalistic, conceptually barren and largely devoid of what would today be called empirical data” (Somit and Tannenhaus 1967, 69). That is, they approached it as did lawyers of the time. Yet as political science matured, those who studied public law ceased being merely “little lawyers,” vesting their work with no less respect for the content of law, but tempered also with the tools and perspectives of what was by now a distinct discipline. No early political scientist better exemplified this maturation than Edward Corwin, especially (although not exclusively) as reflected in his timeless study,The President: Office and Powers(1957).
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Grechenkova, Oksana. "Legal regulation of digital technologies in the agricultural sector." E3S Web of Conferences 381 (2023): 01060. http://dx.doi.org/10.1051/e3sconf/202338101060.
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The article is devoted to the legal regulation of digital technologies in the agricultural sector. In the modern period of development of civil relations, the digitalization of personal and social relations, including in agriculture, is widespread. The regulation of these relations is carried out with the help of civil law. The legislator considers only certain types of regulation. Covering the current problems of digital technology regulation, the author draws attention to the similarities and differences between digital currency and digital financial assets. Digital technology requires proper legislative support and the development of diverse jurisprudence. The introduction of mathematical methods in biology, including biometrics and statistics, as specific sections of modern mathematics reflects the need to intensify cognition in the era of scientific and technological progress. These methods will be used both within the framework of state management and for improving the efficiency of production and marketing processes of enterprises of agro-industrial and fishery complexes. The author unequivocally concludes that digital technology is a good that must be protected by law. Digital technologies are increasingly entering all spheres of human activity, and agriculture, as a key sector of our country's economy, is no exception.
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Surtees, Rebecca. "Trapped at Sea. Using the Legal and Regulatory Framework to Prevent and Combat the Trafficking of Seafarers and Fishers." Groningen Journal of International Law 1, no. 2 (December 5, 2013): 91. http://dx.doi.org/10.21827/5a86a7a0dd73c.
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The breadth and diversity of trafficking for forced labour has become increasingly recognised over the past several years, including heightened attention to human trafficking within the seafaring and commercial fishing industries. Not only are these sectors where trafficking abuse can and does take place, but there are also aspects of these sectors that may lend themselves particularly to human trafficking abuses due to the nature of this form of trafficking as well as the legal and regulatory framework in place. The article begins by framing what constitutes trafficking at sea, both in the commercial fishing sector and in the merchant fleet and then presents the legal and regulatory framework to combat trafficking at sea – namely, international anti-trafficking law, international maritime law and the international law of the sea. The article then considers the “three P paradigm” of anti-trafficking (that is, prevention, protection and prosecution) and how improved policies, regulation and legislation (and, as importantly, enforcement) in these areas have the potential to contribute to an improved situation for seafarers and fishers—to both prevent and combat trafficking in commercial fishing and the merchant fleet, while also noting differences between the two sectors. The analysis also draws on the perspective and experiences of men trafficked in the seafaring and commercial fishing sectors to firmly situate the discussion in the practical realm and articulate what, in concrete terms, can be done to effectively prevent and combat trafficking of seafarers and fishers.
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Royandi, Eva, and Arif Satria. "Actors Strategies on Sea Resources Utilization in Palabuhanratu-Jawa Barat." Sodality: Jurnal Sosiologi Pedesaan 7, no. 2 (September 1, 2019): 127–36. http://dx.doi.org/10.22500/sodality.v7i2.24334.
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This study aims to (1) analyze the authority of actors to access (control) rights-based marine resources, (2) to analyze the power of actors to access marine resources based on structures and relational resources. This Research was conducted at seawater of Palabuhanratu, Sukabumi, West Java. We use qualitative methods in the present study. The results showed that among local fishers, immigrant fishers (settle), outside fishers (not settle), and managers of the thermal power station (PLTU) have different interests in using marine resources. The Fishers groups have an interest in utilizing marine and fisheries resources (including fishing areas and fish), while PLTU managers have interests in the construction of power plants, barge transportation (coal transportation), development of dams, construction of barge ship ports that buy 3 million seas. The approved PLTU activities must access fisheries against marine resources, coupled with the indication of PLTU waste pollution that harms fishers. The results of the analysis of rights-based licensing for each actor have legislation that is built on official law. The relations of the power's actors to access marine resources based on the structures and relational was held through types of power, i.e., technology, capital, markets, knowledge, authority, social identity and social relationships.
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Hadiwinata, Ahmad Marthin. "ANALISIS HUKUM TERHADAP PENGATURAN PENGELOLAAN PERIKANAN BERBASIS MASYARAKAT DI INDONESIA." Jurnal Hukum Lingkungan Indonesia 2, no. 1 (May 1, 2015): 1. http://dx.doi.org/10.38011/jhli.v2i1.18.
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AbstrakArtikel ini bertujuan untuk menganalisis ketentuan hukum nasional dalam pengelolaan perikanan berbasis masyarakat (PPBM). Penulis menggunakan kerangka analisis Kuemlangan dan Teigene dalam artikelnya yang berjudul: “An Overview Of Legal Issues And Broad Legislative Considerations For Community Based Fisheries Management.” Tidak ada cetak biru dalam menciptakan kerangka hukum bagi PPBM namun hukum akan menentukan pengaturan mengenai PPBM. Perlu untuk melakukan penilaian terhadap penerimaan konstitusi atas PPBM dengan contoh hak kepemilikan bersama serta bagaimana desentralisasi kewenangan pengelolaan diatur. Penulis menemukan kemungkinan adanya konflik berdasarkan UU Perikanan, UU PWP3K dan UU Pemda dalam pengelolaan sumber daya perairan dan laut. Desa sebagai peluang penciptaan PPBM dapat menerapkan empat prinsip yaitu jaminan, ekslusivitas, keberlangsungan serta fleksibilitas. Tetapi terdapat hambatan dengan tidak terintegrasinya PPBM dalam kerangka hukum perikanan yang lebih luas. Penulis menyarankan adanya perubahan kebijakan menyeluruh dalam hukum perikanan yang mengakui pengelolaan oleh masyarakat dalam perikanan. AbstractThis article aims to analyze the provisions of national law in a community-based fisheries management (CBFM). The author uses analytical framework Kuemlangan and Teigenen in an article entitled: “An Overview Of Legal Issues And Broad Legislative Considerations For Community Based Fisheries Management.” There is no blueprint in creating a legal framework but the law will define the arrangements regarding CBFM. There is a need to conduct an assessment of the constitutionality of CBFM, for example related to the common property rights and decentralization of management authority. The author discovered a possible conflict based on Fisheries Act, Coastal and Small Island Act and Local Government Act in the management of marine resources. Villages as opportunities for establishing CBFM can apply four principles such as: security, exclusivity, permanence and flexibility. However, there are constraints in the integration of CBFM in the wider legal framework of fisheries. The author suggests a comprehensive legal reform in the fishery law to recognize community management with regard to fisheries.
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Gutiérrez, María-José, and Belén Inguanzo. "Contributing to Fisheries Sustainability: Inequality Analysis in the High Seas Catches of Countries." Sustainability 11, no. 11 (June 3, 2019): 3133. http://dx.doi.org/10.3390/su11113133.
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The uneven exploitation of scarce natural resources threatens their sustainability by altering the commitment of agents. In fisheries, a great portion of catches is known to be concentrated in a few countries. Aiming to provide a more complete view on the distributional issues associated to the exploitation of common marine resources, this article focuses on the analysis of catches from high seas, which can be understood as the common marine resources under the current legislation. The analysis focuses on the evolution of several inequality indexes (the Gini index as well as others from the Atkinson and General Entropy families) from 1960 to 2014. Additionally, the Theil index is decomposed to observe whether this inequality is given by biological (between inequality) or technological (within inequality) reasons. All inequality indexes confirm that the exploitation of fishing resources in high seas is very unequal across countries. However, this inequality has decreased between 29% and 65% from 1960 to 2014. When considering the origin of catches, between 46% and 82% of the inequality observed is due to technological and fishermen capacity differences across the countries operating within fishing areas, while between 18% and 54% of the inequality can be attributed to biological differences between the fishing areas. Over time, the within component has decreased more than 35%, reflecting the greater reliance of more countries on high seas fisheries and their catching up on fishing technology. Being aware on the existence and the nature of catches inequality observed is necessary to develop successful policies for maintaining the sustainability of the fishery resources.
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Kuznietsov, S. S. "AZOV-KERCH WATER SPACES IN THE CONCEPT OF HISTORICAL WATERS." Constitutional State, no. 42 (July 7, 2021): 108–14. http://dx.doi.org/10.18524/2411-2054.2021.42.232425.
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The article is devoted to the definition of the possibilities of the concept of modern international maritime law on the regime of historical waters to the Sea of Azov and the Kerch Strait application. The weak development of the concept of historical waters in the modern legal doctrine is observed, especially concerning the Azov-Kerch waters. This defines the purpose of the article, and namely, to establish the appropriateness of classifying them as historical waters on the basis of the modern relations characteristics concerning the establishment of the maritime spaces’ regime of this region. The methodological basis of the article consisted of dialectical, historical methods, methods of analysis and synthesis, formal-legal and prognostic methods. The article studies the main scientific approaches to the development of grounds and mechanisms for recognizing certain marine areas as state historical waters. The absence of at list such grounds and mechanisms in modern international public maritime law and national legislation of Ukraine is emphasized. The Azov-Kerch water spaces is among of priority of Ukrainian national interests and the importance of creating the favorable environment for the development of seaports in the region. The attention is paid to the fact that the delimitation of the Azov-Kerch waters was discussed for a long time, but so far no mutually acceptable solution was reached: the attitudes of the parties and their justifications are different, and taking into account the temporary occupation and lasting conflict between two countries the search for a compromise may be delayed indefinitely. The idea of holding an international conference to determine the legal status and use of the Sea of Azov and the Kerch Strait and the signing of the relevant international agreement was supported. It is possible to terminate the current bilateral agreements because of this: the Agreement on Cooperation in the Use of the Sea of Azov and the Kerch Strait in 2003 and the Fishery Agreement on Fishing in the Sea of Azov in 1993. It is concluded that the historicity of Azov-Kerch waters belonging to the inland waters of only two countries has now exhausted itself. The interests of the much larger number of countries meet in this region, and the development of the universal international agreement concerning it has long been “felt” not only bilaterally but also regionally in order to build the balanced neighborhood policy and respect the interests of all concert parties.
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Risnain, Muhammad. "The Eradication Concept of Illegal Fishing In Keeping The Security And State Sovereignty In The Fisheries: The International And National Legal Perspective of Indonesia." JURNAL CITA HUKUM 5, no. 1 (June 5, 2017): 59–74. http://dx.doi.org/10.15408/jch.v5i1.4120.
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Illegal fishing, not only has an adverse impact on the economy, ecology and social, but also on the larger issue of state sovereignty. Therefore, a legal policy concept that ensures the protection of state sovereignty and the realization of sustainable fisheries development is required. Illegal fishing eradication policy in the legal system in Indonesia has been done through the establishment of various laws and regulations, legally providing legitimacy for the government and law enforcement in eradicating Illegal fishing. However, it has not been maximum to ensure sustainable fisheries development due to incomplete policies and the establishment of a fishery court that has not been effective yet as a special court to solve criminal offenses in the field of fisheries. Therefore, it is necessary the concept of eradicating illegal fishing that can realize sustainable fisheries development and maintain the sovereignty of the state in the future with the concept of legislation to eradicate illegal fishing. Penangkapan ikan secara melawan hukum (illegal fishing), tidak saja berdampak buruk terhadap ekonomi, ekologi, dan sosial, tetapi pada persoalan yang lebih besar yaitu kedaulatan negara. Oleh karena itu diperlukan sebuah konsep kebijakan hukum yang dapat menjamin terlindunginya kedaulatan negara dan tewujudnya pembangunan perikanan berkelanjutan. Terdapat dua permasahalan pokok dalam penelitian ini : pertama, apakah kebijakan pemberantasan Illegal fishing dalam sistem hukum di Indonesia yang berlaku saat ini dapat menjamin pembangunan perikanan berkelanjutan ?kedua, bagaimanakah konsep pemberantasan illegal fishing yang dapat mewujudkan pembangunan perikanan berkelanjutan dan menjaga kedaulatan negara pada masa yang akan datang ? Hasil analisis penelitian ni menunjukkan bahwa, pertama, Kebijakan pemberantasan Illegal fishing dalam sistem hukum di Indonesia saat ini telah dilakukan melalui pembentukan berbagai peraturan perundang-undangan yang mengandung dua aspek penting yaitu; pertama, kebijakan kriminalisasi perbuatan illegal fishing dalam undang-undang nomor 31 tahun 2004 tentang perikanan maupun dalam undang-undang Undang-undang Nomor 45 tahun 2009 tentang perubahan atas undang-undang nomor 31 tahun 2004 tentang perikanan dan Peraturan Menteri Kelautan dan Perikanan tentang No. 56/PERMEN-KP/2014 tentang Penghentian Sementera (Moratorium) Perizinan Usaha Perikanan Tangkap di Wilayah Pengelolaan Perikanan (WPP) Negara Republik Indonesia secara hukum memberikan legitimasi bagi pemerintah dan penegak hukum dalam pemberantasan Illegal fishing, namun belum maksimal dapat menjamin pembangunan perikanan berkelanjutan karena kebijakan yang belum komprehensif dan , pembentukan pengadilan perikanan yang hingga kini belum efektif sebagai pengadilan khusus untuk menyelesaikan tindak pidana di bidang perikanan. Kedua, Konsep pemberantasan illegal fishing yang dapat mewujudkan pembangunan perikanan berkelanjutan dan menjaga kedaulatan negara pada masa yang akan datang adalah konsep legislasi pemberantasan illegal fishing. Arah kebijakan pemberantasan illegal fishing ke depan yang dapat menjaga kedaulatan negara di bidang perikanan adalah dengan pengaturan dalam satu undang-undang tersendiri tentang pemberantasan illegal fishing.Penelitian ini menyarankan beberapa rekomendasi, pertama,untuk menjamin bahwa kebijakan pemberantasan illegal fishing yang komprehensif dan dapat menjaga kedaulatan dan keamanan negara maka Presiden RI dan DPR RI dapat menggunakan hak inisiatifnya untuk mengajukan RUU pemberantasan illegal fishing (RUU pemberantasan Tindak Pidana Perikanan) sebagai bagian dari program legislasi nasional pada 2015-2019. Kedua, Dalam proses pembahasan RUU illegal fishing (RUU pemberantasan Tindak Pidana Perikanan) terdapat beberapa aspek-aspek yang dapat dipertimbangkan untuk diatur yaitu aspek kelembagaan, mekanisme kerjasama antar lembaga, pembentukan satuan tugas (satgas) tetap dan lain-lain yang dianggap perlu untuk mendukung sistem pemberantasan illegal fishing. ABSTRACT The impact of illegal fishing not only negative effect for economy, ecology, social but also about state soverignty. For this problem need new legal concept that can guarantine for protection of state sovereignty and fisheries sustainable development. There are two problems of this research ; first, whether the policy of eradiction of illegal fishing under Indonesian law can guaranted and sustainable development fishires ? second, how the concept for eradicting of illegal fishing for soverignty of state and sustainable fishiers development in next ?The result of analyses showed that first, eradiction of Illegal fishing policy in Indonesian law throught legislate varies laws which contains two aspects ; first, criminalization of illegal fishing and formulation of fishires court by act no. 31 /2004 amended throught act no. 45/2009.Second, the concept eradiction illegal fishing that could realization sustainable fisheries development and state sovereignty in next time is legislation of illegal fishing eradiction trhought solely law about eradiction of legal fishing.This research recommended several recommendation, first, house of representative and president of republic of Indonesia initiating to include draft of act about eradiction of illegal fishing in the national legislation program 2015-2019. Second, there are several aspects will be regulate in this draf of act, institutionalization, cooperation between institution, etc. DOI: 10.15408/jch.v5i1.4120
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Jelić Mrčelić, Gorana, Vedrana Nerlović, Merica Slišković, and Ivana Zubak Čižmek. "An Overview of Atlantic Bluefin Tuna Farming Sustainability in the Mediterranean with Special Regards to the Republic of Croatia." Sustainability 15, no. 4 (February 7, 2023): 2976. http://dx.doi.org/10.3390/su15042976.
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Atlantic bluefin tuna (Thunnus thynnus) is the most important tuna species in Mediterranean tuna fishery and a valuable commodity on the global fish market. Croatia is a pioneer in tuna farming in the Mediterranean and the only country that has the exclusive right to farm wild-caught juvenile tuna (8 to 30 kg). This paper identifies key challenges to the sustainability of current farming and fattening practices, primarily economic and environmental, and possible solutions to overcome these challenges. This paper analyses data on tuna catch and aquaculture production (FAO FishStatJ and EU-Eurostat database) and updates the latest literature on farming practices, production challenges related to biotechnical, economic and environmental issues, the market and current legislation in Croatia, as well as fattening in other Mediterranean countries. Tuna capture-based aquaculture is attractive to investors because it promises high returns, but the sustainability of intensive tuna farming and fattening is questionable and raises many ethical issues. Tuna farming and fattening relies on wild fish for stocking and feeding, and further expansion of tuna farming and fattening is limited by the size of wild tuna and small fish populations. To meet the growing global demand for tuna and to conserve wild tuna stocks, further investments are needed. The knowledge gained in Croatian tuna farming is valuable for future sustainable close-cycled tuna farming in the Mediterranean. Due to its good environmental status, the availability of small pelagic fish, the availability of a highly qualified and well-organised labour force, the good cooperation between producers and researchers, and the application of modern farming technologies, ABFT farmed in Croatia have high quality and a good reputation on the market. The main weakness of Croatian tuna farming is that the entire industry is dependent on the Japanese market, but this can be overcome by the possibility of product diversification for new markets, including the tourism industry.
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Umam, Khairul. "ANALISIS DISKRIMINAN MELALUI METODE FISHER TERHADAP MAHASISWA HUKUM DALAM MEMILIH PROFESI." Jurnal Geuthèë: Penelitian Multidisiplin 1, no. 1 (March 29, 2018): 91. http://dx.doi.org/10.52626/jg.v1i1.4.
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Tujuan penelitian ini adalah untuk mendapatkan formula yang dapat digunakan oleh Mahasiswa Hukum dalam menentukan pilihan menjadi pengacara atau jaksa berdasarkan nilai yang didapat dalam beberapa mata kuliah. Penelitian ini menggunakan pendekatan kualitatif deskriptif dengan metode Library Research dan memanfaatkan sumber informasi tertulis yang diakui secara resmi. Subjek penelitian ini adalah para Mahasiswa lulusan Strata Satu (S1) Ilmu Hukum yang telah berprofesi sebagai pengacara dan jaksa sebanyak 100 sampel. Penelitian ini menggunakan teknik pengumpulan data studi dokumentasi dan wawancara. Data yang terkumpul dalam penelitian ini dianalisis dengan analisis Descriminant Fisher’s. Penelitian ini menggunakan analisis deskriminan untuk 2 kelompok, yaitu kelompok profesi pengacara dan profesi jaksa. Hasil penelitian menunjukkan bahwa untuk Mahasiswa yang memiliki nilai tinggi untuk varibel nilai Sosiologi, Hukum dan HAM, Kriminologi, dan Public Speaking lebih berpotensi sebagai pengacara, sedangkan untuk Mahasiswa yang memiliki nilai tinggi untuk variabel Koneksi, Bahasa Indonesia, Hukum Internasional, Pendidikan Agama, Ilmu Perundang-undangan, dan Tindak Pidana lebih berpotensi sebagai Jaksa. Formula Descriminant Fisher’s yang diperoleh adalah sebagai berikut: P1 = (7.209)X1 + (10.015)X2 + (6.746)X3 + (8.409)X4 + (6.726)X5 + (0.775)X6 + (9.599)X7 + (4.612)X8 + (1.232)X9 + (5.666)X10, dan P2 = (3.939)X1 + (7.053)X2 + (3.761)X3 + (6.505)X4 + (7.282)X5 + (1.952)X6 + (14.161)X7 + (5.984)X8 + (4.499)X9 + (6.555)X10 The purpose of this research is to obtain a formula that can be used by Student Law in determining the choice to become a lawyer or prosecutor based on the value obtained. This research uses descriptive qualitative approach with Library Research method which utilizes official written information source. The subjects of this study are the graduates of Strata 1 (S1) of Legal Studies who have worked as lawyers and prosecutors as many as 100 samples. This study uses data collection techniques of documentation and interviews. The data collected in this study were analyzed with Descriminant Fisher's analysis. This research uses descriptive analysis for 2 groups, namely lawyer profession group and prosecutor profession. The result of the research shows that for students who have high score for Sociology, Law and Human Rights, Criminology, and Public Speaking variables are more potential as lawyers, while for high value students for connection Indonesian variables, International Law, Religious Education, Legislation, and Criminal Acts are more potential as prosecutors. The Descriminant Fisher's formula obtained is as follows: P1 = (7.209)X1 + (10.015)X2 + (6.746)X3 + (8.409)X4 + (6.726)X5 + (0.775)X6 + (9.599)X7 + (4.612)X8 + (1.232)X9 + (5.666)X10, and P2 = (3.939)X1 + (7.053)X2 + (3.761)X3 + (6.505)X4 + (7.282)X5 + (1.952)X6 + (14.161)X7 + (5.984)X8 + (4.499)X9 + (6.555)X10
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LEE, SANG DON. "STRATEGIC ENVIRONMENT ASSESSMENT AND BIOLOGICAL DIVERSITY CONSERVATION IN THE KOREAN HIGH-SPEED RAILWAY PROJECT." Journal of Environmental Assessment Policy and Management 07, no. 02 (June 2005): 287–98. http://dx.doi.org/10.1142/s1464333205002018.
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Biological diversity (biodiversity) is an essential issue in conservation and environmental impact assessment (EIA). Though Korea is relatively small, the country harbours over 29,800 species, making biodiversity and ecosystem conservation a central issue when an EIA is undertaken during development site selection. Indeed, an unfavourable biodiversity evaluation can halt a proposed or in-progress development, creating a societal conflict between conservationists and developers. To solve this, the Strategic Environment Assessment (SEA) legislation was created in Korea to provide a systematic instrument for improving decision-making through early-stage environmental assessment. The SEA legislation was recently passed by the President's cabinet and is poised for implementation during 2005. Adoption of the SEA will facilitate better assessments of biodiversity during the early stages of the developmental process, preventing late-stage interruptions such as those seen in the Korean High-speed Railway Project (KHRP), which was recently halted due to poor biodiversity conservation around the development site. The original EIA of the KHRP did not appropriately address the biodiversity issues because most of the developmental plan had been set in place prior to evaluation of biodiversity in the affected areas. The KHRP caused leakage of mountain groundwater such that high elevation wetlands marked as ecosystem conservation areas by the Ministry of Environment became dry and lost their endemic amphibian species. Upon learning this, several national NGOs filed court cases on behalf of the Korean clawed salamander (Onachodaytylus fisheri), halting the project for some time. Thus, the lack of biodiversity consideration at the earliest stages of the KHRP created a social conflict. This paper examines how the implementation of an SEA during the KHRP would have minimised the social conflicts between biodiversity conservation and developmental processes.
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Khilchevskyi, V. K. "WATER MONITORING IN UKRAINE: METHODS FOR ASSESSING WATER QUALITY FOR VARIOUS PURPOSES IN CONNECTION WITH CHANGES IN THE REGULATORY FRAMEWORK (2014-2021)." Hydrology, hydrochemistry and hydroecology, no. 3 (61) (2021): 6–19. http://dx.doi.org/10.17721/2306-5680.2021.3.1.
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Over the past five years (2014-2021), there have been significant changes in regulatory methods for assessing water quality for various purposes, which is due to Ukraine’s course towards European integration. An important feature was the cancellation of the acts of sanitary legislation of the Ukrainian SSR and the USSR (from 01.01.2017), which were applied in Ukraine for a long time (order of the Cabinet of Ministers of Ukraine of 2016). The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Implementation of Integrated Approaches in Water Resources Management Based on the Basin Principle” (2016) amended the Water Code of Ukraine regarding hydrographic zoning and water monitoring in accordance with the provisions of the EU Water Framework Directive. In 2018, by a resolution of the Cabinet of Ministers of Ukraine, the “Procedure for the implementation of state monitoring of waters” was approved. In 2019, the Ministry of Natural Resources of Ukraine approved the normative “Methodology for assigning a surface water array to one of the classes of the ecological and chemical states of a surface water array, as well as assigning an artificial or significantly altered surface water array to one of the classes of the ecological potential of an artificial or significantly altered surface water array” The objects of state monitoring of waters are land and ground water bodies and sea waters. Surface water body – a specially defined surface water body or part of it. The body of surface waters can be classified into one of five categories: 1) rivers; 2) lakes; 3) transitional waters; 4) coastal waters; 5) artificial or substantially altered surface water bodies. The program of state monitoring of waters provides for control over four groups of indicators: 1) biological; 2) physical and chemical; 3) chemical; 4) hydromorphological. Based on the data and information obtained as a result of the state monitoring of the waters of surface and groundwater bodies, the ecological and chemical state of the surface water bodies, the ecological potential of artificial or significantly altered surface water bodies, the quantitative and chemical state of the groundwater bodies are determined, taking into account which river basin management plans and assess the level of achievement of environmental objectives. The purpose of this study is to highlight the approaches that have developed at the present stage to the regulation of water quality for various purposes, the main of which are: environmental; hygienic (household and drinking and cultural and household or recreational water use), fishery. If, when assessing the quality of water for environmental purposes, a deviation from the maximum permissible concentrations (MPC) was made, then in other areas of water use, the MPC standards remain relevant. The importance of this study also lies in the need to convey generalized information to a wide range of authors who are interested in water quality issues.
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Munday, Roderick. "FISHER v BELL REVISITED: MISJUDGING THE LEGISLATIVE CRAFT." Cambridge Law Journal 72, no. 1 (March 2013): 50–64. http://dx.doi.org/10.1017/s000819731300007x.
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As students of the Law of Contract learn to their bemusement, in Fisher v Bell,1 although caught by a member of the constabulary in the most compromising circumstances, the owner of Bell's Music Shop, situate in the handsome Victorian shopping Arcade in the bustling Broadmead area of Bristol, was unsuccessfully prosecuted for offering for sale a flick knife contrary to s.1(1) of the Restriction of Offensive Weapons Act 1959. The statute penalised “any person who manufactures, sells or hires or offers for sale or hire, or lends or gives to any other person” a flick knife. Mr Bell had done all in his power to make a sale. The switchblade had been displayed in his shop window with a label that read, “Ejector knife—4s”. The police officer, who spotted the display and then took the knife away to show to his superintendent, was told by the shopkeeper that he had had other policemen in the shop inquiring about the knives. When the officer returned to tell Mr Bell that he would be prosecuted, the latter simply retorted “Fair enough.”
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Oleszek, Walter J. "Louis Fisher: A Public Intellectual." PS: Political Science & Politics 46, no. 03 (June 21, 2013): 485–87. http://dx.doi.org/10.1017/s1049096513000723.
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During the 1950s, Isaiah Berlin wrote a famous essay entitled “The Hedgehog and the Fox.” The point behind the title is that the hedgehog knows one big thing and the fox knows many things. From this distinction, Berlin suggests there are two intellectual types: one who relates everything to a single idea and the other who explores a diversity of ideas. It is difficult and unrealistic to pigeonhole Fisher as one or the other intellectual type. The reality is that Fisher combines both types. My sense is that Fisher's wide diversity of scholarly and policy-influencing accomplishments, and his skepticism of conventional wisdom, put him in Berlin's second category rather than first. However, my position at the Congressional Research Service (CRS) also prompts me to say, on the other hand, one big idea has animated Fisher's contributions to the academic and political/legislative worlds. That idea is highlighted in the title of one of his plethora of publications:Defending Congress and the Constitution(2011). Of course, when you write about the Congress and the Constitution, you analyze—like Berlin's fox—a host of interrelated ideas and relationships: history, law, the presidency, the judiciary, and more.
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APPELDOORN, RICHARD S. "Transforming reef fisheries management: application of an ecosystem-based approach in the USA Caribbean." Environmental Conservation 35, no. 3 (September 2008): 232–41. http://dx.doi.org/10.1017/s0376892908005018.
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SUMMARYFisheries in Puerto Rico and the United States (US) Virgin Islands are predominately dependent on nearshore coral reef ecosystems and have suffered from historical overfishing. The unique characteristics of reef fisheries, including strong habitat dependence, susceptibility to coastal impacts, diffuse landing sites and strong multispecies and multigear interactions suggest that standard approaches to fisheries management, especially those typically considered by the US Regional Fishery Management Councils, would not be applicable. Current management authority is split between local and federal agencies; however, there exists no uniform context and direction to current management initiatives, which results in lost efficiencies and opportunities. Proposed here is a new vision for fisheries management that takes into consideration the local ecological and socioeconomic characteristics of fishing, is compatible with regional resources and capacity, is ecosystem based and targets full stakeholder participation. Only an ecosystem-based approach can lead fisheries management out of the trap of unrealistic data collection and analysis demands, while at the same time refocusing emphasis away from attitudes and practices that promote overfishing. Management must be based on first principles regarding the desired state of the ecosystem and initiate strategies based on these principles. The key management goal is not to maximize fisheries catch, but to maintain the ecosystem in a state that will lead to sustained production. First principles would include maintaining ecosystem integrity and function, protecting all habitats and water quality, applying the precautionary approach, monitoring reference points and recognizing that production has limits. Resulting management tactics include marine reserves (to meet multiple goals), closed spawning aggregations, gear restrictions to maintain trophic balance and habitats, targeted data collection and assessments, adopting co-management practices and using ecosystem or community-based metrics. Fisheries management must fully incorporate the tools, resources and methods available within coastal zone management and other environmental agencies, while standards within those programmes must protect ecosystem health. Implementation will require attending to structural barriers inherent within existing fisheries legislation and regulations, multiple jurisdictions and the current cultures of scientists, managers and fisherfolk. Initial efforts should focus on developing a common language and frame of reference for all stakeholders.
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Manik, Jeanne Darc Noviayanti, and Wirazilmustaan Wirazilmustaan. "“Ocean Grabbing!”: Deprivation of Fishermen’s Rights or Management Rights of Coastal and Marine Resources." Society 9, no. 1 (June 30, 2021): 289–301. http://dx.doi.org/10.33019/society.v9i1.216.
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The state is obliged to strive for the realization of justice for traditional fishing communities. Traditional communities are fishing communities whose traditional rights are still recognized in carrying out fishing activities or other legal activities in certain areas located in archipelagic waters following the international law of the sea. Coastal space areas and small islands that indigenous/traditional communities have managed from the obligation to have location permits and management take national interests and laws and regulations into account. Article 26 A of the Republic of Indonesia Number 1 of 2014 makes it easy for outsiders to control small islands that regulate the use of small islands and surrounding coasts through investment forms based on a ministerial permit that must prioritize the national interest. Positive law must protect traditional fishing communities and indigenous peoples. This research aims to analyze the regulation of fishermen’s protection from deprivation of their rights in earning a living and livelihood. The research method used is normative research, meaning the implementation of legal provisions in the form of legislation in activities for certain legal events in the community, especially the fishing community. Normative research refers to and examines laws and regulations related to the research being conducted. The research locations cover coastal areas throughout Indonesia, especially Banda Aceh, Padang, Jakarta, Semarang, Surabaya, Manado, Kupang, Ternate, and Mataram. The state can provide knowledge, guidance, and protection for fishermen from various actions of deprivation of their rights to earn a living and protection such as piracy, the practice of fishing theft, abuse of trawling, transshipment activities, threats, and violence by foreign parties to Indonesian fishers. The central government and local governments are obliged to provide facilities for guaranteeing fishing areas or fishing coverage areas that are safe and do not overlap with other fields.
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Catchpole, Tom L., Andrew S. Revill, James Innes, and Sean Pascoe. "Evaluating the efficacy of technical measures: a case study of selection device legislation in the UK Crangon crangon (brown shrimp) fishery." ICES Journal of Marine Science 65, no. 2 (March 1, 2008): 267–75. http://dx.doi.org/10.1093/icesjms/fsn016.
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Abstract Catchpole, T. L., Revill, A. S., Innes, J., and Pascoe, S. 2008. Evaluating the efficacy of technical measures: a case study of selection device legislation in the UK Crangon crangon (brown shrimp) fishery. – ICES Journal of Marine Science, 65: 267–275. Bycatch reduction devices are being introduced into a wide range of fisheries, with shrimp and prawn fisheries particularly targeted owing to the heavy discarding common in these fisheries. Although studies are often undertaken to estimate the impact of a technical measure on the fishery before implementation, rarely have the impacts been assessed ex post. Here, the efficacy of the UK legislation pertaining to the use of sievenets in the North Sea Crangon crangon fishery is assessed. Three impacts were evaluated: on fisher behaviour (social), on the level of bycatch (biological), and on vessel profitability (economic). An apparent high level of compliance by skippers was identified despite a low level of enforcement. The estimated reduction in fleet productivity following the introduction of the legislation was 14%, equalling the mean loss of Crangon landings when using sievenets calculated from catch comparison trawls. Sievenets did reduce the unnecessary capture of unwanted marine organisms, but were least effective at reducing 0-group plaice, which make up the largest component of the bycatch. Clearly the legislation has had an effect in the desired direction, but it does not address sufficiently the bycatch issue in the Crangon fishery.
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Cardoso, T. A., and N. Nordi. "Small-scale manjuba fishery around Cardoso Island State Park, SP, Brazil." Brazilian Journal of Biology 66, no. 4 (November 2006): 963–73. http://dx.doi.org/10.1590/s1519-69842006000600003.
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This work was carried out in the Enseada da Baleia and Vila Rápida communities. Data was provided by the Co-Management Committee of the Cardoso Island State Park (PEIC) on manjuba fishery management, technique and strategies used by the fishermen, as well as locally accumulated knowledge. Based on the results, social, ecological, and economic aspects of this type of fishing were analyzed. The importance of the accumulated knowledge and experience of this community, as well as the limitations imposed by local fishing gear, was concluded to be essential in conserving manjuba fishery conditions in the area. Industrial fishing, relevant state legislation, and market conditions were found to be the main obstacles to local fishery. Various proposals are suggested for manjuba fishery management, with emphasis on the need for fishing community participation in whatever measures are ultimately implemented.
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Sagita, Afrianto. "OPTIMALISASI PENGADILAN PERIKANAN DALAM PENEGAKAN HUKUM TINDAK PIDANA PERIKANAN DI PERAIRAN INDONESIA." Jurnal Hukum dan Peradilan 6, no. 2 (July 31, 2017): 213. http://dx.doi.org/10.25216/jhp.6.2.2017.213-232.
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Indonesia’s has control over vast seas potential to support the country's economy. However, the potential was not optimal because of fishery crime and the lacking of law enforcement in the field of fisheries. This matter becomes very important and strategic in order to support the fishery development in a controlled manner and in accordance with the principles of sustainable fishery management. However, in practice, law enforcement in fisheries shows weaknesses. It is evident from the very complex problems of criminal offenses fisheries, interagency coordination mechanism problems and the establishment of a fishery court to enforce the law that is not evenly distributed throughout the territory of the district court. In resolving these problems, reforms in law enforcement is the key factor that is focused on the legal and human resources. With this support of fishery law enforcement, it is hoped that fisheries development can be carried out in a sustainable manner.Keywords: fisheries crimes, law enforcement, fishery court
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Bonner, John. "Law and legislation." BSAVA Companion 2018, no. 11 (November 1, 2018): 16–17. http://dx.doi.org/10.22233/20412495.1118.16.
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Øyrehagen Sunde, Jørn. "A Geographical, Historical and Legal Perspective on the Right to Fishery in Norwegian Tidal Waters." Arctic Review on Law and Politics 1, no. 1 (April 30, 2010): 108–30. http://dx.doi.org/10.23865/arctic.v1.6.
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Hugo Grotius proclaimed freedom of the seas in 1609, and this natural law principle was interpreted to include freedom of tidal fishing. His act represented a far more political than juridical claim. Exclusive fishery rights can be documented all around the North Sea basin, and even in Roman law theory in the High and Late Middle Ages were such rights given protection. In Norway in 1728 an effort to free tidal fishery to anyone by law was ignored in the main, and the centuriesold custom of exclusive rights to tidal fishing prevailed. Although after 1857 exclusive tidal fishery rights have been gradually abandoned in Norway, they were protected by the Norwegian Supreme Court in 1894 and as late as 1985, and again recently with the Norwegian Official Report 2008: 5, where a claim was made to protect tidal fishery rights by law in the county of Finnmark.Keywords: Mare liberum, tidal fishery, tidal fishery rights, customary law, law and economicsCitation: Arctic Review on Law and Politics, vol. 1, 1/2010 p. 108–130. ISSN 1891-6252
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Martínez-Escauriaza, Roi, Francesca Gizzi, Lídia Gouveia, Nuno Gouveia, and Margarida Hermida. "Small-scale fisheries in Madeira: recreational vs artisanal fisheries." Scientia Marina 85, no. 4 (December 7, 2021): 257–70. http://dx.doi.org/10.3989/scimar.05180.022.
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Small-scale recreational and artisanal fisheries are popular activities in the Autonomous Region of Madeira, and to date no information is available on their impact on regional coastal ecosystems. Through fishers’ surveys and official registers of fish landings, we described and characterized these fisheries in Madeira, comparing artisanal and recreational fisheries. In 2017, artisanal boats landed 91 species in fishing ports, while recreational catches landed 58 species. The most frequent catches were Dentex gibbosus, Phycis phycis and Pagrus pagrus for artisanal fishery and P. pagrus, Serranus atricauda and Diplodus spp. for recreational fishery. Comparing the same techniques, artisanal fishery always showed higher catch per unit effort values than recreational boat fishery. Nevertheless, the low number of artisanal fishery boats in comparison with the recreational ones reflected the lower total landings of the artisanal fishery, which in 2017 were 62.3 t, compared with the 509.8 t estimated catches for the recreational fishery. Though the estimated recreational fishing data were based on surveys and thus subject to various biases, this activity seems to negatively affect coastal ecosystems and, together with artisanal fishing, exerts a combined pressure on targeted species. Improved legislation for both fisheries is essential for an appropriate management of resources.
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Wang, Dustin Kuan-Hsiung. "Fill the Gap between Law and Governance." Korean Journal of International and Comparative Law 9, no. 1 (May 28, 2021): 60–71. http://dx.doi.org/10.1163/22134484-12340145.
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Abstract The Sustainable Development Goals (SDGs) clearly address the difference as well as recognize the correlations among seventeen sustainable development dimensions. The SDGs also play an important role for the international community to pay attention to our future living. Taking oceans for instance, they are the biggest ecosystems on our planet, and their health are essential to our survival. In terms of conserving and sustainably using the oceans, seas and marine resource under SDG 14, several targets were agreed upon by the UN member States to help guide decision-making with regard to oceans, such as conserving marine and coastal areas in agreement with international and national laws and using the latest scientific information. This article mainly focuses on the matters of conserving and managing international fishery resources. It also addresses the issues between international law and global governance with perspectives on the implementation of SDG 14. This article concludes that in order to effectively implement international fishery laws and to reach the targets that SDGs have postulated, eliminating the commercial benefits might be the necessary consideration in filling the gap between international fishery law and fishery governance.
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Williams, Brian. "Legislation." Probation Journal 33, no. 1 (March 1986): 27. http://dx.doi.org/10.1177/026455058603300109.
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Williams, Brian. "Legislation." Probation Journal 35, no. 1 (March 1988): 9. http://dx.doi.org/10.1177/026455058803500104.
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Сиваков, Дмитрий, and Dmitriy Sivakov. "LEGAL REGULATION OF FISHERY IN RUSSIA AND FOREIGN STATES: COMMON AND SPECIAL FEATURES." Journal of Foreign Legislation and Comparative Law, October 6, 2017, 135–41. http://dx.doi.org/10.12737/article_59bbac21afe586.37871733.
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The aim of the article is a comparative analyze of legal regulation of fishery in Russia and foreign states. According to this goal, the task of comparison of fishery legislation of Russia and other CIS countries, Russia and EU State as well as North American countries arises. The author tries to solve one more issue — to consider how current legal regulation correlates with the concept of fishery in Russia.
Legislation in the sphere of fishery is developing dynamically. Despite the different time of appearance and the differences of legal systems, mentioned legislation can be compared in the basic directions of legal regulation.
The article applied the method of comparative legal regulation, the historical method of extrapolating. Also the scientific methods of deduction and induction are applied. The author used the instruments of international soft law and the works of specialists in the mentioned area of the legal regulation.
The article consists of following sections: statement of the question; sources of law; key rules-definitions; principles and key provisions of the legislation; the quota system of catches, licensing and contractual methods of regulation; the payment principle and the nature of the distribution of funds received.
In conclusion the author emphasized the approximation of the legislation of Russia and other CIS countries in the field of fisheries (concerning the concepts, basic provisions, types of fishery and quotas). Also, there are some similarities in a combination of licensing and contractual methods of regulation in Russian and Canadian legislation.
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Karnani, Ashok Kumar. "Navigating Global Waters: Exploring International Dimensions of Fisheries Legislation." Journal of Survey in Fisheries Sciences, December 18, 2022. http://dx.doi.org/10.53555/sfs.v9i1.1796.
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This abstract delves into the multifaceted and consequential nature of fishery law on a global scale. The present abstract emphasizes the significance of global collaboration in the management of fisheries resources and the maintenance of sustainable fishing methods. It also covers how international agencies like the Food and Agriculture Organization and the United Nations formulate and carry out fisheries laws and regulations. The abstract highlights the necessity of strong enforcement measures to guarantee adherence to international fisheries regulations and stop overfishing and fish supply depletion. It also looks at how international agreements and organizations have influenced the development of fishery law and encouraged ethical fishing methods. Overall, this abstract emphasizes the vital role that international fisheries legislation plays in encouraging ethical fishing methods and safeguarding the world's fisheries resources for coming generations.
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Li, Meng. "Fishery legislative reform towards Japan’s Fukushima nuclear wastewater discharge into the sea—A Chinese perspective." Frontiers in Marine Science 10 (February 21, 2023). http://dx.doi.org/10.3389/fmars.2023.1135125.
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Japan’s discharge of Fukushima nuclear wastewater into the sea will have a profound and far-reaching impact on the marine environment and the fishing industry. Although Japan did not discharge nuclear wastewater directly into China’s waters, the wastewater flowed into the sea and infringed upon China’s rights and interests in pelagic fishing, as the nuclear-contaminated water is fundamentally different from discharges from normal nuclear plants. After the People’s Republic of China was founded, the Central Government and people’s governments of all levels started to manage fishery. However, the fishery management measures at this stage were primarily targeted the fishing industry itself, particularly the marine fishing industry. Several problems of China’s existing fishery legislation do not cope effectively with Japan’s nuclear sewage discharge. China’s fishery legislation keeps pace with the development pace of international laws, but it has not enacted specific regulations on certain types of marine pollution, such as nuclear sewage pollution. The Fisheries Law of the People’s Republic of China needs to produce an extraterritorial effect indirectly through other laws and regulations. China’s existing domestic laws only stipulate the rights of coastal countries. In this context, China’s fishery legislature should find a way forward, including changes in management standards; facilitating the formation of a complete extraterritorial effect by China’s fishery legislation a complete extraterritorial effect; improving supporting administrative legislation system; and facilitating the digitalization of fishing management to monitor Japan’s nuclear sewage discharge and its resultant harm, etc.
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Jarle Landmark, Vidar. "Fiskerikonsesjoner og rettigheter." Arctic Review on Law and Politics 2, no. 2 (October 31, 2011). http://dx.doi.org/10.23865/arctic.v2.23.
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The right to participate in commercial fishing and allocation of quotas When discussing the rights of the Sami people in relation to the existing Norwegian fisheries management system and fishery policy, knowledge of the legal framework and regulations in force is necessary. This article gives a summary of the Norwegian government’s view of the marine resources as common resources, a brief introduction to the legislation regarding participation in commercial fishery in Norway and the distribution/allocation of quotas according to the act relating to the management of wild living marine resources. The article ends with a discussion of the legal possibilities the change the established allocation of quotas. Keywords: fishery management, participation, marine resources, quota allocation Citation: Arctic Review on Law and Politics, vol. 3, 2/2011 p. 184–198. ISSN 1891-6252