Non-Flag State Enforcement in High Seas Fisheries

Non-Flag State Enforcement in High Seas Fisheries
Author: Rosemary Gail Rayfuse
Publisher: Martinus Nijhoff Publishers
Total Pages: 462
Release: 2004-01-01
Genre: Law
ISBN: 9004138897

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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.

Fishing Entity Enforcement in High Seas Fisheries

Fishing Entity Enforcement in High Seas Fisheries
Author: Ying-Ting Chen
Publisher: Cambridge Scholars Publishing
Total Pages: 235
Release: 2014-10-21
Genre: Law
ISBN: 1443870315

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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.

State Responsibility for Interferences with the Freedom of Navigation in Public International Law

State Responsibility for Interferences with the Freedom of Navigation in Public International Law
Author: Philipp Wendel
Publisher: Springer Science & Business Media
Total Pages: 300
Release: 2007-10-25
Genre: Law
ISBN: 3540743332

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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.

Flag State Implementation

Flag State Implementation
Author: International Maritime Organization
Publisher: IMO Publishing
Total Pages: 150
Release: 2010
Genre: Flags of convenience
ISBN: 9789280161212

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International Law and Marine Areas beyond National Jurisdiction

International Law and Marine Areas beyond National Jurisdiction
Author: Vito De Lucia
Publisher: BRILL
Total Pages: 469
Release: 2022-01-31
Genre: Law
ISBN: 9004506365

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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.

The Quest for Sustainable International Fisheries

The Quest for Sustainable International Fisheries
Author: Evelyne Meltzer
Publisher: NRC Research Press
Total Pages: 496
Release: 2009
Genre: Fishery management, International
ISBN: 0660197243

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

Governing High Seas Fisheries

Governing High Seas Fisheries
Author: Olav Schram Stokke
Publisher: Oxford University Press, USA
Total Pages: 394
Release: 2001
Genre: Law
ISBN: 9780198299493

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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.

Flag State Responsibility

Flag State Responsibility
Author: John N. K. Mansell
Publisher: Springer Science & Business Media
Total Pages: 276
Release: 2009-06-12
Genre: Law
ISBN: 3540929339

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All of these flag States have the right to sail ships flying their flag on the high seas (LOSC Article 90) ; and those ships enjo y the freedom of navigation upon the high seas (LOSC Article 87) . W ith this freedom comes a concomitant duty upon the flag State to effectively exercise its jurisdiction and control in administrative , technical , social (LOSC Article 94 (1)) and en vironmental protection (LOSC Article 217) matters over ships flying its flag. 1.2 Flag State Responsibility The absence of any authority over ships sailing the high seas would lead to chaos. One of the essential adjuncts to the principle of freedom of the seas is that a ship must fly the flag of a single State and that it is subject to the jurisdiction of that State. (Brown 1994 , p. 287) This opinion of the International Law Commission in 1956 on a draft article of the High Seas Convention (HSC) was a product of its time; a time of traditional maritime States and responsible long-established shipping companies operating for 3 the most part under the effective maritime administrations of their national flag .

The Interception of Vessels on the High Seas

The Interception of Vessels on the High Seas
Author: Efthymios Papastavridis
Publisher: Bloomsbury Publishing
Total Pages: 267
Release: 2014-08-28
Genre: Law
ISBN: 1782250859

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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.