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International Law of Sharks: Obstacles, Options and Opportunities

International Law of Sharks: Obstacles, Options and Opportunities

Author: Erika Techera
Publisher: Brill Nijhoff
ISBN: 9789004345508
Published In: June 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In International Law of Sharks, Erika J. Techera and Natalie Klein provide an in-depth analysis of the current legal frameworks that relate to these important species.

The authors offer ways in which to overcome obstacles that prevent existing laws from working better and identify best practice global governance options while highlighting opportunities for legal reform.

Scientific evidence indicates that sharks play a critical role in maintaining marine ecosystem health, yet current governance regimes have not been effective and many shark species continue to diminish. In this context, effective laws are critical to improve sharks’ conservation status.

This volume also explores the broader relevance of oceans governance by identifying appropriate legal frameworks and regulatory mechanisms that balance conservation and utilisation of marine species in general.

Acknowledgements

List of Abbreviations

List of Treaties

List of Foreign Legislation

List of Cases

List of Figures

Chapter 1. The Case for Sharks

Why sharks

1.1 Scientific knowledge

1.2 Societal attitudes and approaches

1.3 Values

Legal dimensions

2.1 Legal responses

2.2 Legal challenges

Global influences

3.1 Holistic approaches

3.2 Ecosystem-based management

3.3 Inter-disciplinarity

Moving forward

4.1 Underpinning principles, concepts and approaches

4.2 Fragmented governance

4.3 Implementation

Conclusion

Chapter 2. International Law Framework

Introduction

UN Convention on the Law of the Sea (UNCLOS) and the 1995 Fish Stocks Agreement

International Plan of Action for Sharks

Convention on International Trade in Endangered Species

Convention on Migratory Species and the Sharks Memorandum of Understanding

Key Environmental Principles

6.1 Sustainable development and sustainable management

6.2 Precautionary approach

6.3 Environmental impact assessments

6.4 Ecosystem-based approach

6.5 Biodiversity protection

Conclusion

Chapter 3. Governance and Regulation

Linking governance and sustainability

1.1 Defining sustainability

1.2 What is good governance

Environmental governance theories

2.1 Hierarchical theories

2.2 Multi-layered approaches

2.3 A return to principles

Regulation

3.1 Regulatory theory

3.2 Environmental regulation

3.3 Regulatory pluralism

Bringing it altogether

4.1 Foundations

4.2 Achieving goals

Conclusion

Chapter 4. Species-Based Measures

Species-based approaches

1.1 Background

1.2 The emergence of law and policy

1.3 Defining species-based approaches

1.4 Substance of species-based mechanisms

1.5 Inter-disciplinarity

Legal frameworks for protections of species

2.1 Historical developments

2.2 International environmental laws

2.3 Fisheries regulation

2.4 Other activities impacting species: marine eco-tourism

Shark specific measures

3.1 Fishing and finning bans

3.2 Gear and equipment

3.3 Supply chain

Gaps and challenges

Conclusion

Chapter 5. Spatial and Area Measures

Exploring area-based measures

1.1 Background

1.2 The value of spatial measures

1.3 Defining protected ocean areas

1.4 The substance of protected areas

Spatial Measures in International Law

2.1 International treaties

2.2 Regional agreements

Implementation of Spatial Measures

3.1 Shark-focused MPAs

3.2 Sanctuaries

Challenges and Opportunities

4.1 Gaps and challenges

4.2 Synergies and solutions

Conclusion

Chapter 6. Institutions: Key Roles and Structural Issues

Background to the Law of International Organisations

Key Roles for International Environmental Institutions

3.1 Law-making and standard setting

3.2 Stakeholder participation

3.3 Collection of information

3.4 Monitoring, compliance and dispute settlement

UNEP, FAO and Treaty Organisations

4.1 UNEP

4.2 FAO

4.3 CITES

4.4 CMS and the Sharks MoU

Responses within RFMOs

A Shark Commission? Lessons from Whales

Interaction between International Institutions

Conclusion

Chapter 7. Enforcement and Compliance

Legal Framework for Enforcement under UNCLOS and the 1995 Fish Stocks Agreement

1.1 In the EEZ

1.2 On the high seas

1.2.1 Exclusive flag state jurisdiction

1.2.2 Boarding and inspecting vessels flagged to another state

Port State Measures

Inspections, Monitoring and Other Enforcement Processes: Lessons from RFMOs

Compliance with Treaty Obligations: CITES, CMS and CBD

4.1 CITES

4.2 CMS

4.3 CBD

Dispute Settlement Options

Sanctions and Trade Restrictions

Concluding Remarks: Improving Enforcement and Compliance

Chapter 8. Broader Lessons Learned: A Principled Approach

Lessons Learned for Sharks

1.1 International legal regime

1.2 Spatial and species measures

1.3 Compliance and enforcement

1.4 Structural issues

Lessons Learned for Other Marine Species

2.1 Commonalities between sharks and other marine species

2.2 Lessons from other marine species

Lessons for Governance and Sustainability

Virtual Treaty Regime

Conclusion

Bibliography

Index

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