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Governing High Seas Fisheries: The Interplay of Global and Regional Regimes


ISBN13: 9780198299493
ISBN: 0198299494
Published: December 2002
Publisher: Oxford University Press
Format: Hardback
Price: £105.00



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The legal and political difficulties of managing fish stocks that straddle both national waters and the high-seas were not abolished by the introduction of exclusive economic zones. Here, leading scholars of international law and international relations explain the wave of bitter disputes that arose in the 1990s over such straddling stocks. They show how regional responses to those challenges shaped the negotiation of a 1995 UN Fish Stocks Agreement and helped strengthen the global high seas fisheries regime. Keen attention is paid to whether and how evolving regimes meet the scientific, regulatory and compliance-related tasks of effective management - and the significance of regime interplay in this regard.;Certain developments in international fisheries law, particularly crucial to effective management of high-seas fisheries, are examined: reconceptualization of the freedom of the high seas; legal measures to control the harvesting of vessels flying flags-of-convenience; the dispute settlement apparatus; and emerging procedures for compliance-control activities by others than the flag state. These global developments are related to six regional case studies featuring management of straddling stocks in the Grand Banks off Canada, the Southern Ocean, the Doughnut Hole of the Bering Sea, the Peanut Hole of the Okhotsk Sea, the Loophole of the Barents Sea, and the Banana Hole of the Northeast Atlantic.

Contents:
High Seas Fisheries in International Law
1: F.O. Vicuna: The International Law of High Seas Fisheris: From Freedom of Fishing to Sustainable Use
2: B. Vukas and D. Vidas: Flags of Convenience and High Seas Fishing: The Emergence of a Legal Framework
3: A E. Boyle: Problems of Compulsory Jurisdiction and the Settlement of Disputes Relating to Straddling Fish Stocks
4: G. Honneland: Recent Global Agreements on High Seas Fisheries: Potential Effects on Fisherman Compliance
Regional Approaches to Straddling Stocks Management
5: D.A. Balton: The Bering Sea Doughnut Hole Convention: Regional Solution, Global Implications
6: A.G. Oude Elferink: The Sea of Okhotsk Peanut Hole: De facto Extension of Coastal State Control
7: C.C. Joyner: On the Borderline? Canadian Activism in the Grand Banks
8: R. Churchill: Managing Straddling Fish Stocks in the North East Atlantic: A Multiplicity of Instruments and Regime Linkages--But How Effective a Management?
9: O. Schram Stokke: The Loophole of the Barents Sea Fisheries Regime
10: R. Her: The International Regulation of Patagonian Toothfish: CCAMLR and High Seas Fisheries Management.