New PDF release: Changing int law high seas fisheries

By Francisco Orrego Vicuña

ISBN-10: 0511009135

ISBN-13: 9780511009136

ISBN-10: 0521641934

ISBN-13: 9780521641937

This booklet explains present difficulties of and pressures on fisheries at the excessive seas and the way this case is resulting in vital adjustments within the criminal and environmental concerns governing this job. Conventions and Agreements, fairly the 1982 legislation of the ocean conference and the 1995 contract on Straddling shares and hugely migratory species, are mentioned intimately including the advancements of country perform and activities undertaken by means of foreign agencies.

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Extra resources for Changing int law high seas fisheries

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Saetersdal, ``Problems of managing and sharing of living resources under the new ocean regime,'' Ocean Yearbook, Vol. 4, 1983, 45±49. in¯uence of the third united nations conference 31 only when the latter measure became inevitable did conservation acquire a renewed priority. The species approach and the linkage with high seas issues The Convention on the Law of the Sea introduced another major innovation in the concepts governing ®sheries conservation and management. 42 In so doing the Convention not only improved and enhanced the prospects of appropriate conservation of living resources but also laid the groundwork for fundamental changes in the legal regime governing ®sheries.

Nevertheless, it should be noted that the reasoning of the court in the Icelandic Fisheries cases is also applicable in certain respects to high seas ®sheries as presently conceived, particularly as to the exercise of the freedom of ®shing in the context of reasonable use, the role and need for conservation, the equitable allocation of resources, and good faith negotiations. While coastal states might claim on occasions a preferential right in such allocation, one important difference at present is that such claims are no longer related to a given spatial extension but to a functional role.

First, there was the track of reaching an agreement on the problem of enlarged maritime areas subject to national jurisdiction, whether this took the form of an extension of the territorial sea or the establishment of adjacent ®shing and other areas, or both. It is well known that this track failed rather dramatically both in the First Genova Conference of 1958 and in the Second Geneva Conference of 1960. 64 However, since the most productive ®shing areas would have come under some kind of coastal state jurisdiction and related compromises with distant-water ®shing states, such as historical rights, ®shing in the high seas was approached in a rather timid manner.

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Changing int law high seas fisheries by Francisco Orrego Vicuña


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