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In: Freedom of Seas, Passage Rights and the 1982 Law of the Sea Convention

Abstract

Regional fisheries management organisations (RFMOs) have adopted a range of measures aimed at promoting compliance with the conservation and management measures they adopt and at deterring IUU fishing. However, enforcement of those measures continues to be problematic. This article reviews current compliance and enforcement measures, and discusses their shortcomings. It then examines the legal basis for the adoption by RFMOs of an expanded range of measures aimed at strengthening their enforcement capability and provides practical suggestions as to the possible content of those new measures. Particular attention is paid to the modus operandi of international co-operation and the emerging practice of non-flag state enforcement.

In: The International Journal of Marine and Coastal Law
In: The 1982 Law of the Sea Convention at 30

Abstract

The story of the climate/oceans interface in the Arctic is a complex, and continually emerging one, complicated by contested sovereignties, sovereign rights, and interests. At least since the 1980s, international interest in the Arctic has been growing, fuelled by the prospects of a warming and climate-changed Arctic delivering up its potentially vast and, as yet, untapped natural resources. While the Arctic represents one of the last great regulatory frontiers on earth, this expanding opportunism has not been occurring in a complete legal vacuum. As far as the Arctic Ocean is concerned, many of the governance issues fall under the jurisdiction of the five Arctic Ocean coastal states. Governance of navigation and high seas fishing lies, however, with the international community. This chapter examines the emerging governance framework for the conservation and management of fisheries in the earth’s most northerly waters – the Central Arctic Ocean. In doing so it demonstrates both the influence of the law of the sea on the Arctic and the influence of the new, formerly peripheral, frontier of the Central Arctic Ocean on the law of the sea itself.

Open Access
In: Frontiers in International Environmental Law: Oceans and Climate Challenges

Abstract

The oceans are the venue for a vast range of competing human activities, many of which pose serious threats to the marine environment. Seabed activities, in particular, pose complex threats due to the perturbation of marine biodiversity and the water column caused by construction, exploration or exploitation activities. With regulation of ocean activities essentially a sectoral matter, the potential for inter-sectoral conflict between shipping, fisheries, mineral exploration and exploitation, cable and pipeline operations and mining operations, only exacerbates the problem. In recent years, consensus has emerged on the need to promote cross-sectoral cooperation and coordination among marine sectors in order to avoid inter-sectoral conflicts and to achieve sustainable environmental outcomes for the oceans. This chapter examines the general principles which provide the foundation for the development of normative frameworks and management approaches, as well as the new cross-sectoral management approaches and tools that are emerging in order to address conflicting uses on the seabed and conserve and protect the marine environment.

Open Access
In: The Law of the Seabed
In: Developments in International Fisheries Law
In: International Law and Sustainable Development