Jurisdiction in International Fisheries Law

Jurisdiction in International Fisheries Law
Author: Simone Vezzani
Publisher: CEDAM
Total Pages: 0
Release: 2020
Genre: Law
ISBN: 9788813375430

Through the ages, international fisheries law has been characterized by a dialectic between flag States and coastal States. The institution of the Exclusive Economic Zone marked a milestone in the seaward extension of coastal States' powers. However, it has not brought the expected results, and coastal States have to a great extent failed to act as "trustees" of global fisheries. An emerging role in the fight against Illegal, Unreported and Unregulated fishing has been played by States in their quality as States of active nationality, port States, and market States. Multiple jurisdictional claims raise a number of complexities relating, inter alia, to double criminality, or respect for legality and ne bis in idem principles in the case of prosecution of fisheries crimes. This book investigates the extent and nature of State jurisdiction (prescriptive, adjudicative and enforcement) in fisheries matters, and related problems of coordination. It also discusses the role of Regional Fisheries Management Organizations in regulating fishing activities in different marine areas and in delimiting the States' respective spheres of power. The entire investigation is functional to critically assessing to what extent the emergence of a new jurisdictional balance pursues the interests of States acting uti singuli, or the general interests of the international community as a whole. --

New Knowledge and Changing Circumstances in the Law of the Sea

New Knowledge and Changing Circumstances in the Law of the Sea
Author: Tomas Heidar
Publisher: BRILL
Total Pages: 498
Release: 2020-09-07
Genre: Law
ISBN: 9004437754

New Knowledge and Changing Circumstances in the Law of the Sea focuses on the challenges posed to the existing legal framework, in particular the United Nations Convention on the Law of the Sea, and the various ways in which States are addressing these challenges.

Market Denial and International Fisheries Regulation

Market Denial and International Fisheries Regulation
Author: Darren S. Calley
Publisher: Martinus Nijhoff Publishers
Total Pages: 301
Release: 2011-10-14
Genre: Law
ISBN: 9004202781

Resting on the simple logic of market economics, this book considers the ways in which groups of States can lawfully and effectively deny market access to the flag of convenience fishing industry.

Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone
Author: Camille Goodman
Publisher: Oxford University Press
Total Pages: 433
Release: 2021-11-15
Genre: Law
ISBN: 019265067X

Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction
Author: Vito De Lucia
Publisher: BRILL
Total Pages: 469
Release: 2022-01-31
Genre: Law
ISBN: 9004506365

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Functional Jurisdiction in the Law of the Sea

Functional Jurisdiction in the Law of the Sea
Author: Maria Gavouneli
Publisher: BRILL
Total Pages: 304
Release: 2007-12-31
Genre: Law
ISBN: 9047423186

The Law of the Sea Convention has now reached 25 years of presence in the international scene as a constitution for the oceans. It was the product of a long and arduous negotiation with a final product of delicate balance. The purpose of this book is to examine whether the basic premises and essential compromises of the Convention still hold true or whether the Convention, as a living instrument, has evolved into accommodating new needs and challenges to its regulatory scheme. The vehicle chosen is the jurisdictional interplay between the States, as flag States, coastal States and port States, and the world community at large in matters relating to navigation, fisheries, access to the biological resources of the deep seabed or even maritime security. The result confirms the solid foundations of the Convention and its ability to evolve and expand without upsetting its essential balance. A book useful to all those interested in the law of the sea and the structure of international law.

Fisheries Management in Areas Beyond National Jurisdiction

Fisheries Management in Areas Beyond National Jurisdiction
Author: Daniela Diz Pereira Pinto
Publisher: Martinus Nijhoff Publishers
Total Pages: 226
Release: 2012-10-01
Genre: Law
ISBN: 900424199X

This book analyses the law-making of ecosystem-based fisheries management in marine areas beyond national jurisdiction as a post-development of the United Nations Convention on the Law of the Sea (UNCLOS) so as to avoid stocks collapse and destruction of critical habitats, and increase the resilience of marine ecosystems.

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges
Author: SIMONE VEZZANI
Publisher: CEDAM
Total Pages: 527
Release: 2020-07-24
Genre: Law
ISBN: 8813375581

Through the ages, international fisheries law has been characterized by a dialectic between flag States and coastal States. The institution of the Exclusive Economic Zone marked a milestone in the seaward extension of coastal States’ powers. However, it has not brought the expected results, and coastal States have to a great extent failed to act as “trustees” of global fisheries. An emerging role in the fight against Illegal, Unreported and Unregulated fishing has been played by States in their quality as States of active nationality, port States, and market States. Multiple jurisdictional claims raise a number of complexities relating, inter alia, to double criminality, or respect for legality and ne bis in idem principles in the case of prosecution of fisheries crimes. This book investigates the extent and nature of State jurisdiction (prescriptive, adjudicative and enforcement) in fisheries matters, and related problems of coordination. It also discusses the role of Regional Fisheries Management Organizations in regulating fishing activities in different marine areas and in delimiting the States’ respective spheres of power. The entire investigation is functional to critically assessing to what extent the emergence of a new jurisdictional balance pursues the interests of States acting uti singuli, or the general interests of the international community as a whole.

Non-Flag State Enforcement in High Seas Fisheries

Non-Flag State Enforcement in High Seas Fisheries
Author: Rosemary Gail Rayfuse
Publisher: Martinus Nijhoff Publishers
Total Pages: 462
Release: 2004-01-01
Genre: Law
ISBN: 9004138897

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.