Non-Flag State Enforcement in High Seas Fisheries PDF Download

Author: Rosemary Gail Rayfuse
Publisher: Martinus Nijhoff Publishers
ISBN: 9004138897
Category : Law
Languages : en
Pages : 462

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Book Description
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.

Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469

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Book Description
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.

Author: Ying-Ting Chen
Publisher: Cambridge Scholars Publishing
ISBN: 1443870315
Category : Law
Languages : en
Pages : 235

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Book Description
The concept of a fishing entity is a new category of fishing actors, separate from that of states, in the international law of the sea. The emergence of this new category provides a significant development towards a more flexible application of regulations regarding usage of the sea. A fishing entity owns advanced technology and fishing skills, and, as such, has an important role to play in global and regional conservation and management of fishery resources. Despite this, it is defined as being distinct from a state in the relevant legal documents, resulting in unclear circumstances involving certain global and regional agreements which usually apply to the latter. This ambiguity is particularly prevalent in legal procedures on the high seas when the sovereignty of a state comes into question, such as boarding and inspection. This book provides a detailed definition of the role of the fishing entity in the international law of the sea, and its obligations and rights in high seas fishery enforcements.

Author: Myron H. Nordquist
Publisher: BRILL
ISBN: 9004323449
Category : Law
Languages : en
Pages : 457

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Book Description
International Marine Economy offers contributions from marine experts around the globe on the economic impacts of recent developments in international waters. From the South China Arbitration Award to the Bay of Bengal Case, this text includes important writings on Artic Shipping and Fisheries, the deep seabed, resources and maritime boundary regimes and studies the possibility of a new international agreement regulating the conservation of biological diversity in areas beyond national jurisdiction. Finally, it concludes by considering the challenges and opportunities of whaling in the Antarctic Case, ocean governance issues in Southeast Asia, and the exercise of control over foreign merchant vessels and state liability for wrong assessments. This volume offers much needed contemporary commentary from renowned scholars on rapidly evolving maritime topics.

Author: Philipp Wendel
Publisher: Springer Science & Business Media
ISBN: 3540743332
Category : Law
Languages : en
Pages : 300

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Book Description
Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

Author: International Maritime Organization
Publisher: IMO Publishing
ISBN: 9789280161212
Category : Flags of convenience
Languages : en
Pages : 150

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Book Description

Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
ISBN: 1782250859
Category : Law
Languages : en
Pages : 269

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Book Description
The principal aim of this book is to address the international legal questions arising from the 'right of visit on the high seas' in the twenty-first century. This right is considered the most significant exception to the fundamental principle of the freedom of the high seas (the freedom, in peacetime, to remain free of interference by ships of another flag). It is this freedom that has been challenged by a recent significant increase in interceptions to counter the threats of international terrorism and WMD proliferation, or to suppress transnational organised crime at sea, particularly the trafficking of narcotics and smuggling of migrants. The author questions whether the principle of non-interference has been so significantly curtailed as to have lost its relevance in the contemporary legal order of the oceans. The book begins with an historical and theoretical examination of the framework underlying interception. This historical survey informs the remainder of the work, which then looks at the legal framework of the right of visit, contemporary challenges to the traditional right, interference on the high seas for the maintenance of international peace and security, interferences to maintain the 'bon usage' of the oceans (navigation and fishing), piracy j'ure gentium'and current counter-piracy operations off the coast of Somalia, the problems posed by illegal, unregulated and unreported fishing, interdiction operations to counter drug and people trafficking, and recent interception operations in the Mediterranean Sea organised by FRONTEX.

Author: David Joseph Attard
Publisher: Oxford University Press, USA
ISBN: 0199683921
Category : Law
Languages : en
Pages : 796

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Book Description
This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.

Author: Evelyne Meltzer
Publisher: NRC Research Press
ISBN: 0660197243
Category : Law
Languages : en
Pages : 496

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Book Description
"A publication of the National Research Council of Canada Monograph Publishing Program."

Author: Olav Schram Stokke
Publisher: Oxford University Press, USA
ISBN: 9780198299493
Category : Law
Languages : en
Pages : 394

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Book 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.