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Developments in International Fisheries Law

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ISBN13: 9789041113221
ISBN: 9041113223
Published: November 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £234.00



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This volume illustrates that much has happened in international fisheries law during the second half of the 20th century and especially since the 1970s. The fisheries provision of the 1982 United Nations Convention on the Law of the Sea and the new instruments adopted in its aftermath each mark distinct phases in the development of the global regime for the conservation and management of marine fisheries resources. They reflect the concern that fundamental changes in the international fishery situation have been brought about with the introduction of highly mechanized fishing methods and technologically advanced fleets with no comparable progress in preventing over-exploitation and abuse. The authors of the various chapters in this work present thorough and enlightening analyses of the legal and other issues at stake in contemporary international fisheries law. In so doing, they also illustrate the challenges that lie ahead for states, fishers and the fishing industry and international fisheries organizations.;The greatest challenge ahead lies in the practical application of the legal and policy instruments that will foster the sustainable development of marine fisheries activities. Only an effective response will ensure long term sustainable use of the ever diminishing fish resources.

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Contents:
Preface; S. Nandan. Acknowledgements. List of Contributors. Table of Instruments. Table of Cases. List of Abbreviations. Introduction.
1. Global Fisheries Instruments adopted in the Post-UNCLOS III Period; E. Hey. Part I: Global Instruments.
2. The Fisheries Provisions of the LOS Convention; E. Hey.
3. The Compliance Agreement; D.A. Balton.
4. The Straddling and Highly Migratory Fish Stocks Agreement; M. Hayashi.
5. The Code of Conduct for Responsible Fisheries; G. Moore.
6. The Interrelationship between the Global Instruments of International Fisheries Law; R. Rayfuse. Part II: Themes in International Fisheries Law.
7. Balancing the Freedom of Fishing and Coastal State Jurisdiction; G. Hewison.
8. The Fisheries Regimes of Enclosed and Semi-Enclosed Seas and High Seas Enclaves; M.W. Lodge.
9. The Role of Regional Fisheries Management Organisations; B. Applebaum, A. Donohue.
10. Developments in Principles for the Adoption of Fisheries Conservation and Management Measures; G.J. Schram, A. Tahindro.
11. Implementing Precaution Cautiously: The Precautionary Approach in the Straddling and Highly Migratory Fish Stocks Agreement; D. Freestone.
12. Compliance with and Enforcement of International Fisheries Law; C.C. Joyner.
13. The Conservation and Management of Marine Mammals and Anadromous and Catadromous Species; P.W. Birnie.
14. The Conservation and Management of Fish Stocks Located Solely within the Exclusive Economic Zone; D.R. Christie. Part III: The Wider Context of International Fisheries Law.
15. Fisheries Conservation and Management and the Conservation of Marine Biological Diversity; C. de Klemm.
16. Fisheries Conservation and Management and International Trade Law; T.L. McDorman.
17. The European Community and Its Role in Some Issues of International Fisheries Law; R.R. Churchill. Conclusions.
18. Reconceptualization of the Issues involved in International Fisheries Conservation and Management. Select Bibliography. Index.