International Fisheries Law: Persistent and Emerging Challenges

International Law

International Fisheries Law: Persistent and Emerging Challenges

By Tomas Heidar Constantinos Yiallourides. Bjørn Kunoy
Routledge October 2024

Specifications

ISBN-13
9781032794457
Publisher
Routledge
Publication
October 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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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