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International Fisheries Law: Persistent and Emerging Challenges

International Fisheries Law: Persistent and Emerging Challenges

Author: Tomas Heidar Constantinos Yiallourides. Bjørn Kunoy
Publisher: Routledge
ISBN: 9781032794457
Published In: October 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law.

Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offer a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many States, coastal communities, and economies globally.

The book’s chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management, and sustainable use of living resources globally.

PART I: Introduction

1. International Fisheries Law: Persistent and Emerging Challenges

Bjørn Kunoy, Tomas Heidar, and Constantinos Yiallourides

PART II: Governance and Institutional Challenges in Regional Fisheries Management Organizations

2. Decolonizing RFMOs: The Case of the United Kingdom’s IOTC Membership on Behalf of the Chagos Archipelago

Valentin J. Schatz

3. Overlapping Geographical Mandates of RFMOs

Erik J. Molenaar

4. Challenges in RFMO Compliance Review Mechanisms

Adriana Fabra

PART III: Dispute Settlement Mechanisms in Regional Fisheries Management Organizations

5. Dispute Settlement Mechanisms in RFMOS and Under UNCLOS

Samuel Wordsworth KC

6. Emerging Dispute Settlement Principles and Practices in RFMOs

James Harrison

7. The Objection Procedure in the South Pacific Regional Fisheries Management Organisation

Osvaldo Urrutia

PART IV: Combating Illegal, Unreported and Unregulated (IUU) Fishing

8. IUU Fishing Vessel Listing Cooperation and Current RFMO Practices

Eva van der Marel, Mercedes Rosello

9. Indonesian Enforcement Measures Against IUU Fishing Vessels

Dita Liliansa

10. Addressing Transshipment as Part of an Integrated Scheme of Monitoring Measures

Meggan Engelke-Ros

PART IV: Substantive and Procedural Aspects in Fisheries Disputes

11. Limitations on Compulsory Settlement of Disputes with Regard to Fisheries in the EEZ Arising from Article 297(3)(a) of UNCLOS

Ben Juratowitch KC

12. Compulsory Conciliation Proceedings Regarding Disputes on Conservation and Management of Fish Stocks

Alina Miron

13. Jurisdictional Issues in the Settlement of Disputes Concerning Straddling Fish Stocks Under UNCLOS

Yoshifumi Tanaka

14. The Scope of Obligations in Article 63(1) of UNCLOS on the Management of Shared Fish Stocks

Constantinos Yiallourides

15. Straddling and Highly Migratory Fish Stocks: Compatibility Requirement and Scope of Rights of High Seas Fishing Nations

Sean D. Murphy

PART V: Trade related Measures and Fisheries

16. WTO Trade Disputes Concerning Marine Living Resources

Valerie Hughes

17. The WTO Agreement on Fisheries Subsidies and IUU Fishing

Clarisse Morgan

18. Regulatory Space for Measures Affecting Trade in Marine Resources

Iain Sandford and Ariane Vincent

19. Unilateral Harmonization and the Implementation of the Import Provisions of the U.S. Marine Mammal Protection Act

Kathleen Claussen

PART VI: The Biodiversity Beyond National Jurisdiction Process (BBNJ Process) and Implications for Fisheries Management

20. The Interface Between the BBNJ Agreement and RFMOs

Daniela Diz

21. The Impact of the BBNJ Agreement on Regional Fisheries Management Organisations or Arrangements

Kentaro Nishimoto

PART VII: Climate Change and Fisheries

22. International Fisheries Law and the Anthropocene: A Challenge to Foundational Narratives

Ethan Beringen

23. Climate Change and Management of Shared and Straddling Fish Stocks: Nothing (New) To See Here, Folks?

Andrew Serdy

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