the changing international law of high seas fisheries cambridge studies in international and comparative law

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The Changing International Law Of High Seas Fisheries

Author : Francisco Orrego Vicuña
ISBN : 0521641934
Genre : Law
File Size : 77. 89 MB
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This book examines the international law of high seas fisheries in the light of the negotiations of the Third United Nations Conference on the Law of the Sea, the State and international practice that followed and its influence on the 1995 Straddling Stocks Agreement. This Agreement and related developments are discussed in detail, particularly in terms of the interactions with the Exclusive Economic Zone and the introduction of environmental perspectives that have led to major conceptual changes in the legal approach to fisheries and practical solutions in the field.

Conservation On The High Seas

Author : Simone Borg
ISBN : 9780857935649
Genre : Nature
File Size : 78. 8 MB
Format : PDF
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ïThis book from Simone Borg is a much needed and highly recommended study on conservation on the high seas and harmonizing international regimes for the sustainable use of living resources. This publication is very topical considering the continuous over-exploitation of the living resources. It is a very exhaustive study of many international instruments, the most importantly the 1982 The United Nations Law of the Sea Convention. The author in an admirable manner linked the issue of the conservation of living resources on the high seas to the fundamental principles underlying modern environmental law such as the precautionary principle. The unique feature which sets this book apart from the other similar publications is that it is firmly entrenched in general international law, i.e. deals in a very erudite manner with the issues of fragmentation and harmonisation of international law in the context of conservation. This book will appeal not only to the experts on the law of the sea, but also to general international lawyers.Í _ Malgosia Fitzmaurice, Queen Mary, University of London, UK ïThis is an excellent book, which has taken apart a very complicated part of international law, and reassembled it in a manner which is up-to-date, accessible, insightful and coherent. In doing so, this work plugs a gap in the scholarship in this area, for which the author is to be truly commended. It is an essential addition for all practitioners, scholars and students who work or study, in one of the foremost environmental challenges of the 21st century: conservation on the high seas.Í _ Alexander Gillepsie, University of Waikato, New Zealand ïThe conservation of living marine resources with diverse characteristics and life styles has become an international concern. BorgÍs book provides an examination of the regulatory and legal implications of marine conservation. The analysis takes account of UNCLOS Treaties and the UNCED (1992) that aid a more holistic response by States towards conservation, the marine environment and socio-economic needs. Despite shortcomings and failures there have been success stories that highlight the potential of effective interaction between fisheries law and environmental law. The book addresses the legal aspects of international regimes aimed at setting conservation obligations, compliance and enforcement. This is a path breaking work that shows how international law can diversify itself into different legal streams to ensure flexibility and a degree of adaptation to the different interests of the States involved.Í _ John McEldowney, University of Warwick, UK This timely book discusses various international norms that qualify the right, which all states have to access and exploit living resources in marine areas beyond national jurisdiction, in order to promote the conservation of such species. An intricate body of norms has accumulated over the last few decades, consisting of prior and subsequent rules addressing the same issues, as well as a number of specialized rules that supplement more general ones. However, this process has also exposed the fragmentation of the relevant international regimes, with evolving and diverse interpretations of the same legal terms fine-tuning or qualifying earlier treaties. Uncertainty prevails as to how these norms interrelate with each other. The book assesses to what extent the harmonization of these international regimes is possible. It highlights current trends and developments which aim at better coherence, and discusses legal techniques that could serve to harmonize both the objectives of these international norms and their scope of applicability. The author also demonstrates that in some cases, gaps and conflicts in the existing legal framework cannot be simply ïinterpreted awayÍ but require the further development of international law in order to be resolved properly. This unique book will appeal to academics and students in international law, especially those researching marine conservation and the applicable legal framework. It will be equally useful to organizations both public and private with an interest in marine conservation beyond national jurisdiction. Environmental groups and policy-makers in maritime affairs, environmental issues and fisheries management will also find much to interest them in this insightful book.

Making The Law Of The Sea

Author : James Harrison
ISBN : 9781139496193
Genre : Law
File Size : 58. 46 MB
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The law of the sea is an important area of international law which must be able to adapt to the changing needs of the international community. Making the Law of the Sea examines how various international organizations have contributed to the development of this law and what kinds of instruments and law-making techniques have been used. Each chapter considers a different international institution - including the International Maritime Organization and the United Nations - and analyses its functions and powers. Important questions are posed about the law-making process, including what actors are involved and what procedures are followed. Potential problems for the development of the law of the sea are considered and solutions are proposed. In particular, James Harrison explores and evaluates the current methods employed by international institutions to coordinate their law-making activities in order to overcome fragmentation of the law-making process.

Conventions Treaties And Other Responses To Global Issues Volume I

Author : Gabriela Maria Kutting
ISBN : 9781848262331
Genre :
File Size : 46. 74 MB
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Conventions, Treaties and other Responses to Global Issues is a component of Encyclopedia of Institutional and Infrastructural Resources in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. This theme Conventions, Treaties and other Responses to Global Issues deals with the issue of international resource regimes. These are formal responses by states to the threats posed by trans-boundary pollution or the distribution of resources. In the past thirty years the number of international environmental agreements has steadily risen to reach record numbers and these agreements have secured a firm place in the hierarchy of international affairs. There is a loose assumption that this is a good thing and that this rise has resulted in a commensurable improvement in environmental protection and resource allocation. But is this actually the case? In fact, is there a positive correlation at all? Or are there negative correlations? What are the connections between environmental diplomacy and environmental protection and how can environmental protection be achieved? These are just a few of the questions that will be addressed in this theme, whilst at the same time giving an overview of the most important international resource regimes and the most influential international organizations having an environmental impact. The theme takes the following shape: the first section introduces issues of international environmental law and its history, showing that international law can take many different forms. Here we explain what policy tools states have in drafting responses to global environmental issues. The second section deals with the most prominent international environmental agreements and gives a state of the art overview of existing regimes. The third and last section of this theme introduces the key actors in the international arena besides states, such as international organizations and civil society actors, such as pressure groups. These two volumes are aimed at the following five major target audiences: University and College students Educators, Professional practitioners, Research personnel and Policy analysts, managers, and decision makers and NGOs.

Dispute Resolution In The Law Of The Sea

Author : Igor V. Karaman
ISBN : 9789004212022
Genre : Law
File Size : 83. 19 MB
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Focusing on the functioning of the dispute settlement system under the 1982 UN Convention on the Law of the Sea since its entry into force, this monograph offers a comprehensive study of dispute resolution in the contemporary law of the sea.

International Law In Antiquity

Author : David J. Bederman
ISBN : 1139430270
Genre : Law
File Size : 60. 20 MB
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This study of the origins of international law combines techniques of intellectual history and historiography to investigate the earliest developments of the law of nations. The book examines the sources, processes and doctrines of international legal obligation in antiquity to re-evaluate the critical attributes of international law. David J. Bederman focuses on three essential areas in which law influenced ancient state relations - diplomacy, treaty-making and warfare - in a detailed analysis of international relations in the Near East (2800–700 BCE), the Greek city-states (500–338 BCE) and Rome (358–168 BCE). Containing topical literature and archaeological evidence, this 2001 study does not merely catalogue instances of recognition by ancient states of these seminal features of international law: it accounts for recurrent patterns of thinking and practice. This comprehensive analysis of international law and state relations in ancient times provides a fascinating study for lawyers and academics, ancient historians and classicists alike.

Shipping Interdiction And The Law Of The Sea

Author : Douglas Guilfoyle
ISBN : 9780521760195
Genre : Law
File Size : 75. 38 MB
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In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

The International Journal Of Marine And Coastal Law

Author :
ISBN : UVA:35007004634212
Genre : Coastal zone management
File Size : 60. 28 MB
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International Law And The Arctic

Author : Michael Byers
ISBN : 9781107042759
Genre : Law
File Size : 77. 8 MB
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Sets out the international law relevant to the Arctic, from indigenous peoples to environmental protection to oil and gas exploration.

International Legal Materials

Author :
ISBN : UCSD:31822022962864
Genre : International law
File Size : 60. 84 MB
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