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This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that practice.
In: Legal Regimes for Environmental Protection

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

Abstract

The essential purpose of Regional Fisheries Management Organisations is to provide an effective forum within which states can agree on fisheries conservation and management measures. Discussions on these measures are at the very heart of the work of rfmo s and can raise complex issues giving rise to disputes that may threaten to undermine the objectives of an rfmo, particularly where opt-out or objection procedures are invoked by parties seeking to avoid application of the measures. Jurisdictional hurdles to the resolution of disputes among rfmo members under Part xv of the 1982 Law of the Sea Convention, as seen in the Southern Bluefin Tuna, and Fisheries Jurisdiction (Spain v Canada) cases, are increasingly being overcome by the adoption by rfmo s of more comprehensive dispute settlement provisions which effectively incorporate Part xv requirements into their mandates. In addition, new and expeditious ad-hoc panel procedures are emerging in rfmo s to deal with the issues of opt-outs and objections. This chapter examines this emerging practice and assesses the efficacy of these procedures both in providing guidance to the states concerned and in strengthening the ability of rfmo s to conserve and sustainably manage the fish stocks under their control.

In: A Bridge over Troubled Waters
In: The 1982 Law of the Sea Convention at 30