Статті в журналах: "International fisheries law"

1

Karavias, Markos. "Interactions between International Law and Private Fisheries Certification." Transnational Environmental Law 7, no. 1 (August 2, 2017): 165–84. http://dx.doi.org/10.1017/s2047102517000139.

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AbstractThe management of fisheries at the international level is no longer the exclusive preserve of states and international organizations. The proliferation of private certification initiatives – the reach of which defies territorial boundaries – has heralded an era of transnational fisheries governance. Whereas the interactions between private standards and national regulation have attracted scholarly attention, the function of international law in the context of transnational fisheries governance is largely unexplored. This article maps the interactions between international fisheries law and the most prominent among private certification standards, namely the Marine Stewardship Council Fisheries Standard and Guidance (MSC FSG). The article proposes a methodology to assess such interactions at the stage of norm development and argues that the interactions between the two regimes are multidirectional and complex. International law serves as a model for private standard setting and as a yardstick for private decision making. Conversely, the MSC FSG has acted as a model for the Food and Agriculture Organization of the United Nations Ecolabelling Guidelines. Moreover, the MSC FSG may constitute a benchmark for resolutions adopted by regional fisheries management organizations. The MSC FSG, in incorporating international fisheries law, affirms the latter’s resilience as a global point of reference for the management of fisheries globally. Yet, at the same time, by prompting states to comply with their international obligations in order to secure market access for their fishing industry, the MSC FSG may be exposing the inability of international law to generate compliance autonomously.

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2

Whomersley, Christopher. "The International Law of the Sea." Korean Journal of International and Comparative Law 7, no. 2 (October 4, 2019): 144–52. http://dx.doi.org/10.1163/22134484-12340121.

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Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.

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Nordquist, Myron. "China and International Fisheries Law and Policy." International Journal of Marine and Coastal Law 23, no. 4 (2008): 779–83. http://dx.doi.org/10.1163/157180808x353975.

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4

McDorman, Ted L. "An Overview of International Fisheries Disputes and the International Tribunal for the Law of the Sea." Canadian Yearbook of international Law/Annuaire canadien de droit international 40 (2003): 119–49. http://dx.doi.org/10.1017/s0069005800008018.

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SummaryAlthough there have been few international adjudications dealing directly with fishing disputes in the past, all but one of the cases before ITLOS have been fisheries cases. This article first reviews the different ways in which a fisheries dispute can get before ITLOS and considers the disputes that have been on the docket of ITLOS so far. These have resulted in five decisions on requests for prompt release, two decisions on request for provisional measures, but only one decision on the merits of a dispute. The conclusion is that ITLOS has played a useful role in fisheries dispute settlement particularly when contrasted with the history of international dispute settlement for fisheries disputes.

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5

Glassner, Martin Ira. "Review: International Law and Organization: The Fisheries Regime of the Exclusive Economic Zone, EEC Fisheries Law." International Journal: Canada's Journal of Global Policy Analysis 46, no. 4 (December 1991): 727–31. http://dx.doi.org/10.1177/002070209104600411.

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6

Voigt, Christina. "Oceans, IUU Fishing, and Climate Change: Implications for International Law." International Community Law Review 22, no. 3-4 (August 20, 2020): 377–88. http://dx.doi.org/10.1163/18719732-12341436.

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Abstract Illegal, unregulated and unreported (IUU) fishing poses a significant threat to marine fisheries and biodiversity only outpaced by the projected impacts of climate change and greenhouse gas emissions. Ocean warming might affect fish stocks, their health and migratory routes. Ocean acidification and de-oxygenation are another two phenomena that might affect certain marine species as well as entire marine ecosystems. Rebuilding of overexploited and depleted fisheries and managing fisheries sustainably will require comprehensive governance structures for port, flag, coastal and market states, which also address the causes and impacts of climate change. Addressing those concerns could open for opportunities for comprehensive and synergetic regulation. This article addresses potential synergies between oceans and climate governance; focusing on the role of oceans in addressing climate change and its adverse impacts. Suggestions to this end include (i) increasing ocean-based renewable energy, (ii) decarbonizing ocean-based transport, and (iii) pursuing integrated management of fisheries and aquaculture.

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7

Bangert, Kaare. "Churchill, R.R.: "EEC Fisheries Law"." Nordic Journal of International Law 57, no. 2 (1988): 230–31. http://dx.doi.org/10.1163/157181088x00119.

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8

Serdy, Andrew. "The 2018 Fisheries White Paper, the Fisheries Act 2020 and their international legal dimension." Cambridge International Law Journal 10, no. 1 (June 21, 2021): 73–95. http://dx.doi.org/10.4337/cilj.2021.01.04.

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The 2018 Fisheries White Paper and the Fisheries Act 2020 were designed to govern United Kingdom (UK) fisheries management in the post-Brexit era irrespective of whether the UK and the European Union (EU) succeeded in settling their differences on fisheries and other matters that for much of 2020 made it uncertain whether the Trade and Cooperation Agreement could be concluded. This article considers several international legal issues raised by the White Paper and Fisheries Act, including the choices made by the UK as to which regional fisheries management organisations to (re)join now that the EU no longer speaks for the UK within them, and the treaty processes for doing so, before moving on to further matters given only sketchy treatment in, or omitted altogether from, those documents, on which a firmer position ought to have been taken. Lastly, a new problem apparent for the first time in the Fisheries Act is discussed: navigational freedom of foreign fishing vessels in the UK's exclusive economic zone, and a missed opportunity to legislate a related evidential presumption that would assist future prosecutions for illegal fishing.

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9

Serdy, Andrew. "POSTMODERN INTERNATIONAL FISHERIES LAW, OR WE ARE ALL COASTAL STATES NOW." International and Comparative Law Quarterly 60, no. 2 (April 2011): 387–422. http://dx.doi.org/10.1017/s002058931100008x.

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AbstractInternational fisheries law is no longer driven by the clash of interests between coastal and distant-water fishing States, but is increasingly about how States in existing international fisheries, mostly with some degree of responsibility for their depletion, are striving to exclude newcomers. The residual freedom of fishing on the high seas is an obstacle to regulation by international commissions since States outside are not bound by treaties to which they are not party—which in turn creates a disincentive for States inside to accept the necessary restraints. Rules to limit entry to international fisheries are therefore now needed, and articles 8 and 17 of the UN Fish Stocks Agreement come close to this, but their transformation into custom (or that of regulations adopted by fisheries commissions into objective regimes) so as to bind non-parties is being stunted by commissions' self-serving views on what cooperation with them by new entrants to the fisheries entails for the latter. The result is that the modern arguments for exclusion of newcomers bear an uncomfortable resemblance to the discredited 1950s abstention doctrine. This article suggests why those arguments are now meeting little resistance, despite being advanced by States collectively unwilling even to restore depleted stocks to the biomass corresponding to their maximum sustainable yield, as the doctrine would have required (and the current law also does).

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10

Rice, Jake. "Evolution of international commitments for fisheries sustainability." ICES Journal of Marine Science 71, no. 2 (June 19, 2013): 157–65. http://dx.doi.org/10.1093/icesjms/fst078.

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Abstract Rice, J. 2014. Evolution of international commitments for fisheries sustainability. – ICES Journal of Marine Science, 71: 157–165. The basic standards for the sustainability of fisheries were set by international policy in the UN Fish Stocks Agreement (FSA). However, each year since the FSA was ratified, the United Nations General Assembly has negotiated and agreed to resolutions on Ocean Law of the Sea and on Sustainable Fisheries. This paper reviews chronologically how the interpretation of “sustainability” has evolved in those resolutions, as well as been addressed in the decadal world summits on sustainable development. Although the basic biological benchmarks for sustainability have not been altered by these resolutions, commitments for the standards to be met by all ecosystem components impacted by fishing have become increasingly strong. The annual resolutions have increasingly stressed that environmental sustainability is critically important, but is not more important than social well-being aspects of sustainability, with fisheries having a vital role in sustainable development in many parts of the world. In addition, agreements on biodiversity conservation made largely in Oceans and Law of the Sea resolutions are increasingly influencing the nature and pace of evolution of how “sustainability” is interpreted in fisheries.

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11

Kassoti, Eva, and Mihail Vatsov. "A Missed Opportunity? Unilateral Declarations by the European Union and the European Court of Justice’s Venezuelan Fisheries Judgment." International Journal of Marine and Coastal Law 35, no. 1 (March 18, 2019): 55–81. http://dx.doi.org/10.1163/15718085-23343071.

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Abstract The EU has entered into many binding undertakings (international agreements) with third States on access to fisheries resources. In the Venezuelan Fisheries case, the ECJ was, for the first time, confronted with an EU unilateral declaration granting fishing opportunities in EU waters to Venezuela-flagged vessels. We argue, contrary to ECJ’s conclusion, that the declaration is a binding unilateral act and not an international agreement. This case is important for the burgeoning debate on the ECJ’s approach to international law. It represents a missed opportunity for the ECJ to clarify its previous case-law on the broad concept of ‘international agreement’ and align it with relevant international jurisprudence and doctrine. More fundamentally, it is a missed opportunity for the ECJ to truly develop and shape international law practice and doctrine on unilateral acts by international organisations – an omission that does not comport with the EU’s self-projection as an internationally engaged polity.

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12

Al Arif, Abdullah. "Legal Status of Maximum Sustainable Yield Concept in International Fisheries Law and Its Adoption in the Marine Fisheries Regime of Bangladesh: A Critical Analysis." International Journal of Marine and Coastal Law 32, no. 3 (September 18, 2017): 544–69. http://dx.doi.org/10.1163/15718085-12323054.

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Abstract Maximum sustainable yield, popularly known by its acronym msy, is perhaps the most disputed concept in the realm of international fisheries law. The first part of this article briefly describes the genesis, development and subsequent adoption of the msy concept in international, regional and national fisheries management instruments. The second part documents the criticisms that the msy concept has generated to date and seeks to find out the legal status of the msy concept in international fisheries law. The third part of this article critically examines the adoption of the msy concept in the legal and policy regime for marine fisheries in Bangladesh. The article argues that more rigorous provisions for conservation of marine ecosystem should be incorporated in fisheries management policies of Bangladesh instead of solely relying on the msy concept as an objective of fisheries management.

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13

YOUNG, MARGARET A. "Fragmentation or interaction: the WTO, fisheries subsidies, and international law." World Trade Review 8, no. 4 (September 17, 2009): 477–515. http://dx.doi.org/10.1017/s1474745609990140.

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AbstractSubsidies to the fishing sector have trade and ecological consequences, especially for fisheries that are over-exploited. In response, WTO members are negotiating to clarify and improve the Agreement on Subsidies and Countervailing Measures. Yet significant legal challenges constrain this ongoing effort because fisheries conservation and management matters are often addressed by the United Nations Convention on the Law of the Sea, instruments of the Food and Agriculture Organization, and other legal regimes to which some WTO members have not consented. This article analyses modes of learning and information exchange within the WTO regime, and compares the proposed use of standards, benchmarks, and peer review in the draft fisheries subsidies rules with existing arrangements between the WTO and organizations such as the OECD and product standard-setting bodies. It argues that novel deliberative strategies of regime interaction are more important in resolving the challenges posed by international law's fragmentation than adherence to strict mandates or legal hierarchies.

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14

West, M. B. "The Future of the International Law of Capture Fisheries." Journal of Northwest Atlantic Fishery Science 23 (October 1998): 19–25. http://dx.doi.org/10.2960/j.v23.a2.

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15

Ulfstein, G. "Developments in International Fisheries Law, Edited by Ellen Hey." International Journal of Marine and Coastal Law 17, no. 1 (January 1, 2002): 149–51. http://dx.doi.org/10.1163/15718080220493343.

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16

Al Arif, Abdullah. "Legal Status of the Precautionary Principle in International Fisheries Law and Its Application in the Marine Fisheries Regime of Bangladesh." Asia-Pacific Journal of Ocean Law and Policy 3, no. 1 (June 8, 2018): 95–114. http://dx.doi.org/10.1163/24519391-00301004.

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There are endless debates on the status of the precautionary principle in the realm of international environmental law. The confusion often occurs on the use of phrases that express the concept of precaution, such as precautionary principle, precautionary approach and precautionary measures. The precautionary principle was incorporated in major international fisheries instruments amid all of these debates and confusions. This article seeks to examine the status of the precautionary principle in international fisheries law. This article also surveys the legislative and regulatory frameworks for exploitation, conservation and management of marine fisheries in Bangladesh to find the application of the precautionary principle in the marine fisheries regime of Bangladesh. The study reveals that the application of the precautionary principle is almost absent in the marine fisheries management frameworks in Bangladesh and calls for incorporation of the same for conservation of marine fisheries and marine biodiversity.

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Davis‐Mattis, Laleta, and Gladys Young. "Fisheries management in Jamaica, international perspectives." Journal of International Wildlife Law & Policy 4, no. 2 (January 2001): 131–46. http://dx.doi.org/10.1080/13880290109353978.

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18

Ferri, Nicola. "The Legal Regime Governing Mediterranean Fisheries: The General Fisheries Commission for the Mediterranean of the FAO and the Added-Value of Article XIV Bodies." Italian Yearbook of International Law Online 31, no. 1 (November 11, 2022): 189–200. http://dx.doi.org/10.1163/22116133-03101010.

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Abstract The impact that the progressive development of public international law as relating to fisheries has had on the evolution of the role of Regional Fisheries Management Organizations (RFMOs) is fairly well-known, having periodically attracted interest from public international law scholars and practitioners. There are some instances though where this development has not been the sole factor leading to the emergence of decision-making by RFMOs on the management of fisheries found in marine waters worldwide. The RFMOs family is broad and heterogeneous, also encompassing some organizations which belong to the institutional setting of the Food and Agriculture Organization of the United Nations (FAO). The General Fisheries Commission for the Mediterranean (GFCM) is one of those FAO RFMOs. Established in 1949 through an international agreement adopted pursuant to Article XIV of the FAO Constitution, the GFCM is the RFMO currently exercising regulatory powers to ensure the sustainability of Mediterranean fisheries. Its institutional belonging to the FAO is key to understanding that throughout its seventy years of existence the GFCM has not been responsive only to the progressive development of public international law as relating to fisheries, like all other RFMOs. The story of its evolution and, consequently, that of the legal regime governing Mediterranean fisheries, is deeply intertwined with developments that took place within the FAO’s administrative framework. This piece will briefly detail these developments, trying to shed light on the fact that the internal decisions taken by the FAO to enable bodies established under Article XIV of the FAO Constitution to exercise their regulatory powers have been, in the specific case of the GFCM, as decisive as the progressive development of public international law relating to fisheries; not only in bringing about the legal regime governing Mediterranean fisheries, but also in ultimately ensuring that this regime is as effective as that implemented by other RFMOs established independently of the FAO.

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19

Hewison, Grant J. "The Precautionary Approach to Fisheries Management: An Environmental Perspective." International Journal of Marine and Coastal Law 11, no. 3 (1996): 301–32. http://dx.doi.org/10.1163/157180896x00168.

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AbstractDespite the precautionary approach being only recently applied to the management of international fisheries, it has raised considerable controversy. There are concerns over the precise legal meaning of the precautionary approach. There are also worries that strict application of the approach will be used to shut down some international fisheries. Moreover, there is continuing debate about how precaution should be applied to the management of fisheries where there has always been, and probably always will be, sparse scientific knowledge. Much of the demand for a precautionary approach to international fisheries management has come from environmentalists, but there has been little analysis of their views. This article seeks to explore the precautionary approach to fisheries management from an environmental perspective. The first part of the article discusses the status of the precautionary approach at international law and, in particular, addresses the question whether the approach has become founded in customary international law. The second part of the article provides an environmental perspective of the precautionary approach and its application to international fisheries. This part covers issues such as the demand by environmentalists for science-based management procedures, the setting of stock levels, anticipatory reference points, ecological safeguards and participation in decision-making.

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20

Tsamenyi, Martin, and Quentin Hanich. "Fisheries Jurisdiction under the Law of the Sea Convention: Rights and Obligations in Maritime Zones under the Sovereignty of Coastal States." International Journal of Marine and Coastal Law 27, no. 4 (2012): 783–93. http://dx.doi.org/10.1163/15718085-12341259.

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Abstract International fisheries governance contains no specific provisions detailing States’ rights and obligations in respect of fisheries in maritime zones classified as falling under the sovereignty of coastal States, namely: internal waters, archipelagic waters and territorial seas. Using a case-study of the Western and Central Pacific Fisheries Commission, this article demonstrates that there is still a gap in international fisheries governance relating to fisheries in ‘waters under sovereignty’ which requires remedying, and concludes by providing some possible management options to fill the gap.

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21

Lawson, Rowena. "A study of international fisheries research." Marine Policy 17, no. 4 (July 1993): 322–24. http://dx.doi.org/10.1016/0308-597x(93)90088-k.

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Bangura, Kadijatu Zainab, and Abraham Zaqi Kromah. "The WTO’s Fisheries Subsidies Agreement: What’s New and What’s Next?" Global Trade and Customs Journal 17, Issue 10 (October 1, 2022): 431–35. http://dx.doi.org/10.54648/gtcj2022061.

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A major factor cited for the prevalence of overfishing has been the lack of stringent national and international regulations on subsidies in the fisheries sector. Heavily subsidized large-scale fishing operators are largely responsible for overfishing and overcapacity, while the small-scale fisheriy sectors of developing and least developed countries (LDCs) are disadvantaged as a result of the trade distortive effects of subsidized fishing. For several years, efforts have been made at the World Trade Organisation (WTO) to negotiate disciplines to address the trade and environmental impacts of such subsidized fishing. At the WTO’s recent 12th Ministerial Conference (MC12), WTO Members adopted the first Agreement on Fisheries Subsidies to address this issue. Fisheries Subsidies Agreement, Overfishing, Subsidies, Environmental Protection, Sustainable Development, Negotiations, Regulatory actions

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23

Molenaar, Erik Jaap. "Netherlands fisheries in a European and international legal context." Netherlands Yearbook of International Law 33 (December 2002): 119. http://dx.doi.org/10.1017/s016767680000132x.

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Heidbrink, Ingo. "Book Review: The Changing International Law of High Seas Fisheries." International Journal of Maritime History 11, no. 2 (December 1999): 192–93. http://dx.doi.org/10.1177/084387149901100219.

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25

Zou, Keyuan. "Climate Change and Fisheries Regulation: What We Should Consider for the Future?" Sustainability 13, no. 17 (August 30, 2021): 9735. http://dx.doi.org/10.3390/su13179735.

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Climate change and its effect on marine environment, especially ocean warming, acidification and sea level rise, impacts fisheries in different ways. However, fisheries and climate change are regulated by different international management mechanisms, which makes the current fisheries management system face challenges. Realizing this, the present paper is designed to consider whether international law should be introduced to apply better management of fisheries so as to cope with the issues arising from climate change. In addition, the paper highlights the importance of incorporating relevant principles into future fisheries regulations by examining an existing bilateral fishery agreements.

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26

Korseberg, Lene. "THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES." International and Comparative Law Quarterly 67, no. 4 (October 2018): 801–32. http://dx.doi.org/10.1017/s0020589318000192.

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AbstractThe second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

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Scanlon, Zoe. "Incorporating Taiwan in International Fisheries Management: The Southern Indian Ocean Fisheries Agreement Experience." Ocean Development & International Law 48, no. 1 (January 2, 2017): 35–51. http://dx.doi.org/10.1080/00908320.2017.1265364.

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Arif, Abdullah Al. "Exploring the legal status and key features of ecosystem-based fisheries management in international fisheries law." Review of European, Comparative & International Environmental Law 27, no. 3 (September 5, 2018): 320–31. http://dx.doi.org/10.1111/reel.12254.

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Franckx, Erik, and Marco Benatar. "Introduction: The South China Sea: An International Law Perspective." International Journal of Marine and Coastal Law 32, no. 2 (June 14, 2017): 193–97. http://dx.doi.org/10.1163/15718085-12322061.

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This piece offers the Guest Editors’ Introduction to this Special Issue of The International Journal of Marine and Coastal Law—dedicated to the South China Sea. It outlines the history of the 2015 Brussels Conference at which the papers in the Special Issue were first presented, notes the key presentations and introduces the authors. Four subject matters are addressed: fisheries, navigation, the regime of islands, and international dispute settlement.

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Chesnokova, Tatyana, and Stephanie McWhinnie. "International Fisheries Access Agreements and Trade." Environmental and Resource Economics 74, no. 3 (August 24, 2019): 1207–38. http://dx.doi.org/10.1007/s10640-019-00365-4.

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Churchill, Robin. "The Jurisprudence of the International Tribunal for the Law of the Sea Relating to Fisheries: Is There Much in the Net?" International Journal of Marine and Coastal Law 22, no. 3 (2007): 383–424. http://dx.doi.org/10.1163/157180807781870336.

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AbstractThis paper provides a comprehensive survey of all matters related to the jurisprudence of the International Tribunal for the Law of the Sea relating to fisheries. An overview of the main provisions of the LOSC on the matter serves as an introduction. The author then expounds on the scope of the Tribunal's jurisdiction relating to fisheries in great detail while differentiating between its jurisdiction to deal with the substance of fisheries disputes on the one hand and provisional measures as well as prompt release orders on the other hand. He concludes that while the Tribunal theoretically has jurisdiction to deal with fisheries disputes not only arising from the LOSC and the UN Fish Stocks Agreement but also from over 20 other treaties, it has so far rarely been called on to do so. Nevertheless, the Tribunal has made a not insignificant impact on international fisheries law. This becomes obvious in the course of the following analysis of its jurisprudence on these matters. Before turning towards his final remarks, the author considers the prospects for the development of the Tribunal's fisheries jurisprudence. He concludes that it is difficult to predict the extent to which the Tribunal may be asked to resolve fisheries disputes and thus given an opportunity to develop its jurisprudence, but points out both that States have historically been reluctant to refer fisheries disputes to binding third-party settlement and that there are considerable jurisdictional obstacles to the Tribunal hearing fisheries disputes.

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Vidal-León, Christian. "Assisting Developing and Least Developed Countries in Legal Aspects of WTO Negotiations: A Case Study of the Fisheries Subsidies Negotiations." Global Trade and Customs Journal 16, Issue 10 (October 1, 2021): 510–14. http://dx.doi.org/10.54648/gtcj2021059.

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The Advisory Centre on WTO Law (ACWL) is an international organization charged with assisting developing countries and least developed countries (LDCs) in all legal aspects arising from the law of the World Trade Organization (WTO). Among its services, the ACWL provides, upon request, legal advice in WTO negotiations. The ACWL does not influence the political position of its Members or the LDCs. Rather, it confines itself to providing legal inputs that would enable its developing country Members and LDCs better to participate in WTO negotiations. In particular, the ACWL assists in drafting proposed legal provisions when a requesting government wishes to propose an idea. In addition, the ACWL conducts legal analyses of proposals tabled by other WTO Members in order to ascertain their potential legal effects were they to become part of the WTO covered agreements. In the context of the fisheries subsidies negotiations, the ACWL has made strides to become familiar with such areas as international law of the sea, fisheries law, and the legal aspects of sustainability and development in order to provide well informed legal advice to its developing country Members and the LDCs. Legal advice on the fisheries subsidies negotiations has, both qualitatively and quantitatively, become an important part of the ACWL’s work. Legal advice, WTO negotiations, fisheries subsidies, fisheries management, treaty interpretation, ACWL, developing countries, least developed countries

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Vieira, Rui Castro. "An overview of the developments of the European Common Fisheries Policy regarding sustainable development and its regionalisation in Portugal and the Autonomous Regions." UNIO – EU Law Journal 5, no. 1 (June 13, 2019): 92–108. http://dx.doi.org/10.21814/unio.5.1.254.

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The European integration is not only a continental, but also a maritime integration, with the development of a maritime market including its maritime resources like fisheries. The development of the Common Fisheries Policy, in the European Union, has been marked by a few peculiar principles and tension among Member States. These developments have also been challenged by the developments of International Law, especially the Law of the Seas Convention, as well as the increasing attention given to a sustainable development and the need for maritime environmental development. The latest years have also been marked by a need for decentralization and regionalisation of the Common Fisheries Policy. The Iberian nations, especially Portugal, are a distinctive case with the rather difficult Common Fisheries Policy Integration. In spite of that, its singularity regarding its maritime presence and autonomic decentralized model give new potential for a new management and development of a decentralized Common Fisheries Policy, as well as a new possibility for sustainable development. In this paper, we analyse the development of the European Common Fisheries Policy as well as its role and interaction with International Law and the new concerns regarding sustainability of fishing stocks and its new management approach and needs for regionalisation. We also analyse its repercussions on Portugal and the potential offered by its own maritime and territorial peculiarities with its archipelagos and their own qualities and aptitude for a sustainable integration of the Common Fisheries Policy.

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Molenaar, Erik Jaap. "Ecosystem-Based Fisheries Management, Commercial Fisheries, Marine Mammals and the 2001 Reykjavik Declaration in the Context of International Law." International Journal of Marine and Coastal Law 17, no. 4 (2002): 561–95. http://dx.doi.org/10.1163/157180802x00215.

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AbstractThe current global crisis in marine capture fisheries contrasts sharply with the recovery of some stocks of marine mammals. Eventually this will have to lead to a re-evaluation of the preferential treatment that marine mammals now often enjoy. The widening support for ecosystem-based fisheries management (EBFM) and the growing insight in the interactions between marine mammals and commercial fisheries are expected to influence this evaluation. This article examines the role of marine mammals in the ecosystem with special emphasis on predation on commercial fisheries. Ample attention is devoted to the definition of EBFM, its legal status and issues of implementation. The 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem is used for illustration. One of the conclusions is that sufficient scientific research is required to substantiate positive effects that pre-emptive catches of marine mammals would have for (recovering) commercial fisheries. The regulatory objectives and international legal constraints relevant to marine mammals are moreover addressed to determine if the exploitation of marine mammals could be obligatory or "necessary".

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35

Luo, Guoqiang, and Zhixin Chi. "Conflicts and Challenges of Sustainable Fisheries Governance Cooperation under the Securitization of the Maritime Commons." Fishes 8, no. 1 (December 21, 2022): 1. http://dx.doi.org/10.3390/fishes8010001.

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There is a growing trend towards securitization of the maritime commons, which seriously impacts sustainable fisheries governance cooperation. This impact is mainly reflected in the fact that it undermines the effectiveness of the international legal framework for sustainable fisheries governance, which is fragmented and runs based on countries’ willingness. It makes the international legal basis for sustainable fisheries governance cooperation more fragile. As a result, countries are more inclined to take the issues of sustainable fisheries governance and its sub-issues as security-related issues or tools for achieving maritime security strategies. Ultimately, it will lead to confrontation rather than cooperation in sustainable fisheries governance. Evidence that can support this theory is from combating IUU fishing, a sub-issue of sustainable fisheries governance, in the Northeast Asia Pacific and the South China Sea. From securitization theory and international law theory perspectives, desecuritization is the core of the solutions, including the desecuritization of the maritime commons and the desecuritization of its sub-issues. In practice, desecuritization includes improving the effectiveness of the international legal framework for sustainable fisheries governance and establishing regional cooperative governance mechanisms. The result will certainly help to promote sustainable fisheries governance cooperation on a regional and global scale.

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36

Tarigan, Muhammad Insan, and Tjondro Tirtamulia. "STRENGTHENING INTERNATIONAL LAW AS A GUARANTEE FOR HIGH SEAS FISHERIES CONSERVATION." Bina Hukum Lingkungan 4, no. 2 (April 26, 2020): 329. http://dx.doi.org/10.24970/bhl.v4i2.136.

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37

Molenaar, E. "Arctic Fisheries and International Law: Gaps and Options to Address Them." Carbon & Climate Law Review 6, no. 1 (2012): 63–77. http://dx.doi.org/10.21552/cclr/2012/1/201.

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38

Ulfstein, Geir. "The conflict between petroleum production, navigation and fisheries in international law." Ocean Development & International Law 19, no. 3 (January 1988): 229–62. http://dx.doi.org/10.1080/00908328809545857.

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39

Azmi, Kamal, Ruth Davis, Quentin Hanich, and Adam Vrahnos. "Defining a disproportionate burden in transboundary fisheries: Lessons from international law." Marine Policy 70 (August 2016): 164–73. http://dx.doi.org/10.1016/j.marpol.2016.05.007.

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40

Barnes, Richard. "The Proposed losc Implementation Agreement on Areas Beyond National Jurisdiction and Its Impact on International Fisheries Law." International Journal of Marine and Coastal Law 31, no. 4 (November 22, 2016): 583–619. http://dx.doi.org/10.1163/15718085-12341411.

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As the development of an implementation agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction gathers pace, it is important to consider how this might impact upon international fisheries law. Although the proposed agreement provides an opportunity to addresses governance gaps both generally and with respect to fisheries, we should not expect too much of it; not least because the inclusion per se of fisheries remains debated by States. Also, positive institutional developments are already occurring beyond this United Nations process. The proposed implementation agreement should not undermine existing laws, but it is unlikely to leave them untouched. The application of integrated governance principles, and the use of area-based management tools and environmental impact assessment will necessarily influence fisheries regulation in abnj. Accordingly, care should be taken to ensure that any innovative governance tools are adapted to existing institutional capacities and circumstances.

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41

Serdy, Andrew. "Law of the Sea Aspects of the Negotiations in the WTO to Harmonise Rules of Origin." International Journal of Marine and Coastal Law 22, no. 2 (2007): 235–56. http://dx.doi.org/10.1163/157180807781361557.

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AbstractA major source of controversy in the protracted Rules of Origin negotiations at the World Trade Organization is the origin to be ascribed to fish taken from the exclusive economic zone. Participants' positions are polarised between views recalling the old great divide between coastal States and distant-water fishing States, one camp seemingly oblivious to the past 50 years' developments in international fisheries law, the other adhering rigidly to a position elevating origin to the status of one of the coastal State's sovereign rights, even though practical considerations make such a rule unworkable. It is concluded that the rules of origin issue does not lend itself to use as a proxy vehicle for advancing legal and policy interests in international fisheries, and a compromise solution is offered that may enhance international fisheries commissions' authority in managing their species. Some problematic aspects of the much less controversial origin rules on minerals recovered from the deep seabed are also considered.

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42

Schatz, Valentin J. "The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes." International Community Law Review 22, no. 3-4 (August 20, 2020): 455–70. http://dx.doi.org/10.1163/18719732-12341442.

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Abstract Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and limits of: 1) the compulsory dispute settlement mechanism under Section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and 2) litigation before the International Court of Justice (ICJ).

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43

Zou, Keyuan, and Jiayi Wang. "Transboundary Fisheries Management." Korean Journal of International and Comparative Law 8, no. 2 (December 15, 2020): 101–30. http://dx.doi.org/10.1163/22134484-12340134.

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Abstract The United Nations Convention on the Law of the Sea created the exclusive economic zone regime, which makes more than 90 per cent of the world’s commercial fish stocks under the national jurisdiction of coastal States. The biological characteristics of fish demonstrate that the long-term sustainability of fisheries can only be achieved through cooperation and coordination among States, especially for the conservation of transboundary fish stocks. However, the ocean may have more than 1,500 transboundary fish stocks, only a limited number are subjected to effective cooperative management. This article provides an overview of the international legal framework on transboundary fisheries and China’s practice on shared stocks and distant water fisheries, and argues that current bilateral fisheries agreements are not sufficient enough to manage transboundary fish stocks and China still has much to do on regulating distant water fisheries.

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44

Indriyani, Rachma, Asmar Abdul Rahim, and Ruzita Azmi. "Law Enforcement Against Unreported Fishing: What Does Beyond the Catch Record?" Sriwijaya Law Review 6, no. 1 (January 31, 2022): 189. http://dx.doi.org/10.28946/slrev.vol6.iss1.1032.pp189-204.

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Transparency is significant in highly migratory fisheries. The reliability of the catch data is essential for decisions of internationally agreed targets. Nevertheless, the data accuracy will much depend on each state's performance. Focusing on unreported catches of migratory fish, this study highlights the Thunnus Macoyyi (Southern Bluefin Tuna) fishing in Indonesia, as this fish species had experienced for being the limelight of unreported fishing allegations. The main objective is to reveal what are the difficulties that Indonesia is facing on its responsibility to maintain the accuracy of the catch record. Accordingly, the study examines two points by applying the pure legal method and doctrinal approach. Firstly, the international legal framework towards unreported fishing by analysing three main instruments such as the UNCLOS 1982, the UNFSA 1995, and the CCSBT policies. Secondly, it examines Indonesia law enforcement as a State party of regional fisheries organisation. It argues that the international authority could not be completely extended to a State's domestic fishing area. Thus, it gives more discretion to the national law to enforce compliance. Lesson learned from the case study of Indonesia's southern bluefin tuna contributes to unreported fishing literature and allows us to expose the legal gap remained in managing highly migratory fish stocks.

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45

Hønneland, Geir. "Marine Stewardship Council (MSC) Certification of Arctic Fisheries: Processes and Outcomes." Arctic Review on Law and Politics 11 (2020): 133. http://dx.doi.org/10.23865/arctic.v11.2488.

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Certification according to private sustainability standards (ecolabelling) has become an important addition to public fisheries management in recent years. The major global ecolabel in terms of comprehensiveness and coverage is the Marine Stewardship Council (MSC) Fisheries Standard. Under the MSC Standard, the status of the fishery’s target stocks, its impact on the wider ecosystem and the effectiveness of its management system are assessed. Becoming and remaining certified requires continuous behavioural adaptation from fisheries through a fine-meshed system of conditions attached to certification. In this article, MSC certification of two clusters of fisheries in Arctic waters is discussed, one large- and one small-scale. In the Barents Sea cod and haddock fisheries, the main obstacle to certification has been the fisheries’ impact on endangered, threatened and protected (ETP) species and bottom habitats, and in order to remain certified beyond the first five-year certification period, the fishing companies have had to introduce a number of voluntary measures beyond what is required by law. In the local lumpfish fisheries in Greenland, Iceland and Norway, conditions attached to certification have been related to the effects of these fisheries on seabirds and marine mammals. Here essential parts of a management regime, such as biological reference points and harvest control rules, have come about as a direct result of MSC certification. MSC certification is no panacea, but it seems to have found a niche as a supplement to national legislation and international agreements.

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46

Rose, Gregory. "Marine Biodiversity Protection through Fisheries Management ‐ International Legal Developments." Review of European Community & International Environmental Law 8, no. 3 (November 1999): 284–90. http://dx.doi.org/10.1111/1467-9388.00212.

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47

Zhang, Lei. "Global Fisheries Management and Community Interest." Sustainability 13, no. 15 (July 31, 2021): 8586. http://dx.doi.org/10.3390/su13158586.

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The conservation of fishery resources is a common interest of the international community. In the 1990s, the global fisheries management system was formed based on the 1982 United Nations Convention on the Law of the Sea (LOSC). In order to achieve sustainable fisheries management, the international community also adopted a series of legally binding and non-binding policy instruments for the implementation of the global fisheries regime. The regional institutional framework was strengthened and expanded to offer broad coverage worldwide. Based on the analysis of the global fisheries management system, the article concludes that the current legal and policy instruments collectively provide a comprehensive framework for global fisheries management, but there still exist limits in addressing the challenges of fishery resources today. More effective implementation of the current legal system through better cooperation among States, as well as efficient coordination within and between national, regional and global institutions, is required.

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48

Choukroune, Leïla, and James J. Nedumpara. "Blue Trade and Forced Labour: Breaking the Resounding Silence of International Economic Law." Journal of World Investment & Trade 23, no. 1 (February 15, 2022): 95–121. http://dx.doi.org/10.1163/22119000-12340240.

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Abstract On 5 December 2017, the United Nations declared a ‘Decade of Ocean Science for Sustainable Development’ to be observed from 2021 to 2030. Beyond the rhetoric of sustainability, the absence of a rights-based approach that places human beings at the core of ocean policy and governance is striking. The ocean indeed remains the scene of major human rights violations. From seafarers to ship breaking sites or fisheries, the ocean is not only the place where 90% of trade in goods happens, but also the territory where grave human rights violations, often related to the labour recruited for ocean trade and investments, occur. In this context and based on a series of case studies involving seafarers, ship breaking and fisheries, in various countries, this article interrogates the silence of international economic law instruments and dispute settlement mechanisms and suggests pathways for reform in better integrating the International Labour Organization approach.

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49

Benatar, Marco. "Not Like the Others? The Position of Associated States and Dependent Territories in Fishing Disputes." International Community Law Review 22, no. 3-4 (August 20, 2020): 471–86. http://dx.doi.org/10.1163/18719732-12341443.

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Abstract Fisheries are of vital concern to associated states and dependent territories located in diverse regions ranging from the Pacific to the Atlantic. The special characteristics of these actors have led to innovative international law-making, including the terms that have been agreed within regional fisheries management organizations and arrangements to facilitate representation of non-metropolitan territories’ interests. The question may be raised whether similar innovations can be found in the field of international dispute resolution. The aim of this brief article is to consider some linkages between associated states and dependent territories on the one hand and international dispute settlement concerning fishing on the other. Four such connections will be examined in turn: access to court, representation in proceedings, applicable law in proceedings, and the territorial exclusion of disputes.

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50

Sodik, Dikdik Mohamad. "Analysis of IUU Fishing in Indonesia and the Indonesian Legal Framework Reform for Monitoring, Control and Surveillance of Fishing Vessels." International Journal of Marine and Coastal Law 24, no. 1 (2009): 67–100. http://dx.doi.org/10.1163/157180808x353984.

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AbstractIllegal, unreported and unregulated (IUU) fishing is considered as a major threat to Indonesian fish stocks. The battle against IUU fishing activities has recently become a high priority in the national fisheries management agenda. Indonesia has implemented a series of laws and regulations concerning monitoring, control and surveillance (MCS). This article analyses the adequacy of the Indonesian legislation relating to MCS. After a discussion of the relevant IUU fishing, the adequacy of the national instruments is measured against the international fisheries instruments. The article will seek to demonstrate gaps in the current legal framework governing MCS for fishing vessels. The author recommends that Indonesia fully implement the MCS provisions of all relevant international fisheries instruments as reflected in the Law of the Sea Convention (LOSC), the UN Fish Stocks Agreement and the FAO International Plan of Action-IUU.

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