Governing High Seas Fisheries
The Interplay of Global and Regional Regimes
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 May 2001
- ISBN 9780198299493
- Binding Hardback
- No. of pages388 pages
- Size 242x163x26 mm
- Weight 693 g
- Language English
- Illustrations 6 maps, numerous tables 0
Categories
Short description:
Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas. The focus rests on whether and how evolving regimes, including that based in the UN Fish Stocks Agreement, meet the scientific, regulatory, and compliance-related goals of effective management - and the significance of regime interplay in this regard.
MoreLong description:
The legal and political difficulties of managing fish stocks that straddle both national waters and the high seas were not abolished by the introduction of exclusive economic zones. Here leading scholars of international law and international relations explain the wave of bitter disputes that arose in the 1990s over such straddling stocks. They show how regional responses to those challenges shaped the negotiation of a 1995 UN Fish Stocks Agreement and helped strengthen the global high seas fisheries regime. Keen attention is paid to whether and how evolving regimes meet the scientific, regulatory and compliance-related tasks of effective management - and the significance of regime interplay in this regard.
Certain developments in international fisheries law, particularly crucial to effective management of high seas fisheries, are examined: reconceptualization of the freedom of the high seas; legal measures to control the harvesting of vessels flying flags-of-convenience; the dispute settlement apparatus; and emerging procedures for compliance-control activities by others than the flag state. These global developments are related to six regional case studies featuring management of straddling stocks in the Grand Banks off Canada, the Southern Ocean, the Doughnut Hole of the Bering Sea, the Peanut Hole of the Okhotsk Sea, the Loophole of the Barents Sea, and the Banana Hole of the Northeast Atlantic.
Table of Contents:
Introduction
High Seas Fisheries in International Law
The International Law of High Seas Fisheries: From Freedom of Fishing to Sustainable Use
Flags of Convenience and High Seas Fishing: The Emergence of a Legal Framework
Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks
Recent Global Agreements on High Seas Fisheries: Potential Effects on Fisherman Compliance
Regional Approaches to Straddling Stocks Management
The Bering Sea Doughnut Hole Convention: Regional Solution, Global Implications
The Sea of Okhotsk Peanut Hole: De facto Extension of Coastal State Control
On the Borderline? Canadian Activism in the Grand Banks
Managing Straddling Fish Stocks in the North East Atlantic: A Multiplicity of Instruments and Regime Linkages--But How Effective a Management?
The Loophole of the Barents Sea Fisheries Regime
The International Regulation of Patagonian Toothfish: CCAMLR and High Seas Fisheries Management
Conclusions
Index
