Non Flag State Enforcement In High Seas Fisheries
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Author | : Rosemary Gail Rayfuse |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 462 |
Release | : 2004-01-01 |
Genre | : Law |
ISBN | : 9004138897 |
Download Non-Flag State Enforcement in High Seas Fisheries Book in PDF, Epub and Kindle
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 | : Ying-Ting Chen |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 235 |
Release | : 2014-10-21 |
Genre | : Law |
ISBN | : 1443870315 |
Download Fishing Entity Enforcement in High Seas Fisheries Book in PDF, Epub and Kindle
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 | : Rosemary Gail Rayfuse |
Publisher | : |
Total Pages | : 383 |
Release | : 2003 |
Genre | : |
ISBN | : |
Download Enforcement by Non-flag States of High Seas Fisheries Conservation and Management Measures Adopted by Regional Fisheries Organisations Book in PDF, Epub and Kindle
Author | : Philipp Wendel |
Publisher | : Springer Science & Business Media |
Total Pages | : 300 |
Release | : 2007-10-25 |
Genre | : Law |
ISBN | : 3540743332 |
Download State Responsibility for Interferences with the Freedom of Navigation in Public International Law Book in PDF, Epub and Kindle
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 |
Total Pages | : 150 |
Release | : 2010 |
Genre | : Flags of convenience |
ISBN | : 9789280161212 |
Download Flag State Implementation Book in PDF, Epub and Kindle
Author | : Vito De Lucia |
Publisher | : BRILL |
Total Pages | : 469 |
Release | : 2022-01-31 |
Genre | : Law |
ISBN | : 9004506365 |
Download International Law and Marine Areas beyond National Jurisdiction Book in PDF, Epub and Kindle
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 | : Evelyne Meltzer |
Publisher | : NRC Research Press |
Total Pages | : 496 |
Release | : 2009 |
Genre | : Fishery management, International |
ISBN | : 0660197243 |
Download The Quest for Sustainable International Fisheries Book in PDF, Epub and Kindle
"A publication of the National Research Council of Canada Monograph Publishing Program."
Author | : Olav Schram Stokke |
Publisher | : Oxford University Press, USA |
Total Pages | : 394 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198299493 |
Download Governing High Seas Fisheries Book in PDF, Epub and Kindle
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.
Author | : John N. K. Mansell |
Publisher | : Springer Science & Business Media |
Total Pages | : 276 |
Release | : 2009-06-12 |
Genre | : Law |
ISBN | : 3540929339 |
Download Flag State Responsibility Book in PDF, Epub and Kindle
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 .
Author | : Efthymios Papastavridis |
Publisher | : Bloomsbury Publishing |
Total Pages | : 267 |
Release | : 2014-08-28 |
Genre | : Law |
ISBN | : 1782250859 |
Download The Interception of Vessels on the High Seas Book in PDF, Epub and Kindle
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.