The Changing International Law of High Seas Fisheries.Series: Cambridge Studies in International and Comparative LawPublisher: Cambridge : Cambridge University Press, 1999Copyright date: ©1999Description: 1 online resource (361 pages)Content type:
- online resource
- K3895.4 -- .O77 1999eb
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Cover -- Half-title -- Series-title -- Title -- Copyright -- Contents -- Table of cases -- Table of statutes, national legislation, and related documents -- Table of treaties -- Introduction -- 1 The evolving principles and concepts of international law in high seas fishing -- Freedom of fishing in the high seas in a historical setting -- The evolving legal concepts relating to high seas fishing -- The freedom of fishing in the high seas in customary international law -- Fishing and conservation in the high seas under the 1958 Geneva conventions -- The changing role of international law on high seas fisheries -- 2 The influence of the Third United Nations Conference on the Law of the Sea in the new regime of high seas fisheries -- The emerging principles relating to conservation and management of living resources within the exclusive economic zone -- The species approach and the linkage with high seas issues -- Salmon fisheries and the prevailing interest of the state of origin -- Marine mammals: furthering the restrictions to the freedom of exploitation -- The Convention's limited approach to the straddling stocks and highly migratory species question -- Conservation and management of the living resources of the high seas under the Convention -- Environmental achievements of the Convention -- New perspectives in the development of international law -- 3 Developing the international law options for high seas fisheries conservation and management -- The growing pressure on high seas fisheries -- The global reach of high seas fisheries overexploitation -- Implications of the state of high seas fisheries for conservation and management regimes -- The Convention in a static view: protecting the interests of distant-water fishing nations -- The Convention in an evolutionary interpretation: advancing the interests of coastal states.
Interpreting the Convention in a spirit of mutual accommodation -- The search for new criteria in the light of environmental concerns -- 4 Trends in contemporary international law and national legislation and practice on high seas fisheries issues -- Trends relating to the conservation and management of transboundary stocks -- The leading role of salmon fisheries arrangements -- Marine mammals and the increasing emphasis on conservation -- Straddling stocks and the development of the role of coastal states -- Highly migratory species and the harmonization of coastal states' rights with international cooperation -- Other aspects of contemporary international practice relevant to high seas fisheries -- Chile's presential sea approach: a restricted model of coastal state intervention -- Argentina's jurisdictional claim: advancing coastal states' interests -- Canada's high seas jurisdictional claims: new implications for international law -- Advancing international law: a conclusion on contemporary practice -- 5 The United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks -- The preparatory work of the United Nations Conference on Environment and Development -- The UNCED deliberations and the convening of the United Nations Conference on Straddling Fish Stocks and Highly Migratory… -- Organization of the conference and the issue of the form of its outcome -- Interpretations and problems relating to the definitions of the 1995 Agreement -- General international law provisions and final clauses -- 6 Conservation and management of fisheries in the high seas in the context of the evolving principles of international… -- The principle of sustainable development and the conservation of straddling fish stocks and highly migratory fish stocks.
The principle of preventive action in the context of the general principles of conservation and management of high seas… -- The emergence of the precautionary principle and the question of its application to high seas fisheries management -- Developing the precautionary approach in high seas fisheries -- The principle of informed decision-making in the context of high seas fisheries -- 7 Ecosystem management and the legal interactions between areas under national jurisdiction and the high seas -- The legal relationship between the 1995 Agreement and the Convention -- Geographical ambit of application of the 1995 Agreement -- The issue of compatibility of conservation and management measures in the high seas and in areas under national jurisdiction -- Nature and extent of the duty to cooperate in establishing compatible measures -- Ecosystem management as applied to enclosed and semi-enclosed seas and other areas of the high seas -- 8 Perfecting international cooperation through organizations and arrangements for high seas fisheries conservation and… -- Extent of the duty to undertake international cooperation -- Questions of participation in cooperation mechanisms and the right to fish in the high seas -- Establishing fisheries organizations and arrangements -- The principle of common but differentiated responsibility -- 9 Compliance and enforcement in high seas fisheries -- The contribution of the FAO Agreement on Compliance and the Code on Responsible Fisheries -- Strengthening the duties and rights of flag states under the 1995 Agreement -- Advancing international cooperation and nonflag-state enforcement in high seas fisheries -- Specific issues relating to boarding and inspection -- Specific issues relating to investigation and prosecution -- Port-state enforcement and the issue of access of fishing vessels to foreign ports.
10 Perfecting the regime of high seas fisheries through effective dispute settlement -- General obligations on dispute settlement -- Early options for dispute settlement: regional procedures, arbitration, and application of the Convention -- Disputes of a technical nature -- Extending and adapting the application of dispute settlement procedures under the Convention -- Dispute settlement in the context of provisional measures -- Safeguarding a coastal state's sovereign rights and jurisdiction -- Conclusion: Preserving the freedom of high seas fishing and ensuring conservation -- Bibliography -- DOCUMENTS, REPORTS, AND RESOLUTIONS OF INTERNATIONAL ORGANIZATIONS -- COLLECTIONS OF DOCUMENTS -- BOOKS -- ARTICLES AND OTHER PUBLICATIONS -- Index.
This book examines legal, economic and environmental developments including recent state and international practice.
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