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: 553
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.

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. --

A Dual Approach to Ocean Governance

A Dual Approach to Ocean Governance
Author: Yoshifumi Tanaka
Publisher: Routledge
Total Pages: 315
Release: 2016-03-23
Genre: Law
ISBN: 1317188314

Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

Science, Technology, and New Challenges to Ocean Law

Science, Technology, and New Challenges to Ocean Law
Author: Harry N. Scheiber
Publisher: BRILL
Total Pages: 491
Release: 2015-08-25
Genre: Law
ISBN: 9004299610

Science, Technology, and New Challenges to Ocean Law offers fresh perspectives on a set of vital issues in the field of ocean law and policy. Since the early period of the industrial revolution, successive waves of revolutionary scientific discoveries and technological innovations have intensified the global population’s exploitation of ocean and coastal resources. In this volume, several leading authorities in the field address major dimensions of the interface of science, technology and ocean law—both historically and in current-day perspective—and emergent challenges in legal ordering of ocean uses for sustainability and equitability. Among the topics that are analysed in these readable, accessible papers are ecosystem approaches to resource management, the historic interplay of science and military concerns, the place of science in dispute-settlement processes, the varied human uses of the seabed, the roles in ocean governance of indigenous peoples, legal issues in fisheries management and conservation, and special regional problems of the Arctic, the Bering Strait, the South China Sea, and the eastern Mediterranean. The urgent importance of the subjects addressed here, together with the variety of disciplinary approaches deployed by the authors, enhance the value of this book’s unique contribution to the literature of ocean studies.

The Sunken Billions Revisited

The Sunken Billions Revisited
Author: World Bank
Publisher: World Bank Publications
Total Pages: 167
Release: 2017-02-10
Genre: Technology & Engineering
ISBN: 146480947X

This report updates previous studies that measured in economic terms the extent of biological losses attributable to overfishing globally. The new estimates assess these 'sunken billions' at $83 billion annually. The report further shows that a clear path can lead to the recovery of these considerable losses, including through significant reduction in global fishing overcapacity. A breakdown between regions is also included, showing that the effort needed to achieve this reform will not be felt equally throughout the world. While the cost of such reform will likely be high, the expected benefits include an increase in biomass by a factor of 2.7, increase in annual harvests by 13 percent, and a 30-fold increase in annual net benefits accrued to the fisheries sector (from $3 billion to $86 billion annually). This urgent call for action is reinforced by the impacts of climate change on fish stocks and fisheries worldwide.