International Fisheries Law

Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in the field. It will be essential reading for those interested in the conservation, integrated management, and sustainable use of living resources globally.

Autorentext

Bjørn Kunoy is Professor of International Law at the University of the Faroe Islands. He is also Special Legal Adviser, Ministry of Foreign Affairs & Trade, Faroe Islands.

Tomas Heidar is President of the International Tribunal for the Law of the Sea and Director of the Law of the Sea Institute of Iceland.

Constantinos Yiallourides is Associate Professor (Senior Lecturer) in International Law at Macquarie University, Sydney. He is also Research Leader in Law of the Sea at the British Institute of International & Comparative Law (BIICL), London.

Inhalt

PART I: Introduction

1. International Fisheries Law: Persistent and Emerging Challenges

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

3. Overlapping Geographical Mandates of RFMOs

4. Challenges in RFMO Compliance Review Mechanisms

PART III: Dispute Settlement Mechanisms in Regional Fisheries Management Organizations

5. Dispute Settlement Mechanisms in RFMOS and Under UNCLOS

6. Emerging Dispute Settlement Principles and Practices in RFMOs

7. The Objection Procedure in the South Pacific Regional Fisheries Management Organisation

PART IV: Combating Illegal, Unreported and Unregulated (IUU) Fishing

8. IUU Fishing Vessel Listing Cooperation and Current RFMO Practices

9. Indonesian Enforcement Measures Against IUU Fishing Vessels

10. Addressing Transshipment as Part of an Integrated Scheme of Monitoring Measures

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

12. Compulsory Conciliation Proceedings Regarding Disputes on Conservation and Management of Fish Stocks

13. Jurisdictional Issues in the Settlement of Disputes Concerning Straddling Fish Stocks Under UNCLOS

14. The Scope of Obligations in Article 63(1) of UNCLOS on the Management of Shared Fish Stocks

15. Straddling and Highly Migratory Fish Stocks: Compatibility Requirement and Scope of Rights of High Seas Fishing Nations

PART V: Trade related Measures and Fisheries

16. WTO Trade Disputes Concerning Marine Living Resources

17. The WTO Agreement on Fisheries Subsidies and IUU Fishing

18. Regulatory Space for Measures Affecting Trade in Marine Resources

19. Unilateral Harmonization and the Implementation of the Import Provisions of the U.S. Marine Mammal Protection Act

PART VI: The Biodiversity Beyond National Jurisdiction Process (BBNJ Process) and Implications for Fisheries Management

20. The Interface Between the BBNJ Agreement and RFMOs

21. The Impact of the BBNJ Agreement on Regional Fisheries Management Organisations or Arrangements

PART VII: Climate Change and Fisheries

22. International Fisheries Law and the Anthropocene: A Challenge to Foundational Narratives

23. Climate Change and Management of Shared and Straddling Fish Stocks: Nothing (New) To See Here, Folks?