Coastal State Jurisdiction Over Living Resources In The Exclusive Economic Zone

Download or read book Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2021-11-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

Download or read book Coastal State Jurisdiction Over Living Resources in the Exclusive Economic Zone written by Camille Goodman and published by Oxford University Press. This book was released on 2022-02-07 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

Download or read book Dispute Settlement in the UN Convention on the Law of the Sea written by Natalie Klein and published by Cambridge University Press. This book was released on 2005-01-06 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Download or read book Rights Based Fishing written by P.A. Neher and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: The genesis of this conference was on a quay of the port of Bergen in March 1985. Ragnar Amason suggested to Phil Neher a small, mid-Atlantic conference on recent developments in fishery management. In the event, more than twenty papers were scheduled and over one hundred and fifty conferees were registered. Logistical complications were sorted through for a summer 1988 conference in Iceland. The really innovative management programs were in the South Pacific; Aus tralia and New Zealand had introduced Individual Transferable Quotas (ITQs); and Iceland, Norway and Canada were also experimenting with quotas. It seemed to the program committee (Rognvaldur Hannesson and Geoffrey Waugh were soon on board) that these quotas had more or less characteristics of property rights. Property rights were also taking other forms in other places (time and area licenses, restrictive licensing of vessels and gear, traditional use rights). The idea of rights based fishing became the theme of the conference.

Download or read book Excessive Maritime Claims written by J. Ashley Roach and published by Martinus Nijhoff Publishers. This book was released on 2012-06-22 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is designed for law of the sea and maritime law specialists. The coverage includes current affairs in martime law such as submarine cables, polar areas, environmental protection, sovereign immunity and sunken ships, and maritime law enforcement.

Download or read book The Extension of Coastal State Jurisdiction in Enclosed or Semi-Enclosed Seas written by Mitja Grbec and published by Routledge. This book was released on 2013-12-04 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current jurisdictional status of the Mediterranean Sea is remarkable. Nearly 50 per cent of the Mediterranean waters are high seas and therefore beyond the jurisdiction of coastal States. This situation means that there are no points in the Mediterranean Sea where the coasts of two States would be more than 400 nautical miles apart. Such a legal situation generally prevents coastal States from adopting and enforcing their laws on the Mediterranean high seas, in respect of many important fields such as the protection and preservation of the marine environment, as well as the conservation of marine living resources. The jurisdictional landscape of the Adriatic Sea as a sub-sea and sub-region of the Mediterranean, is even more interesting. Croatia has proclaimed an Ecological and Fisheries Protection Zone, Slovenia has proclaimed a Zone of Ecological Protection, while Italy has adopted a framework law for the proclamation of its Zone of Ecological Protection without proclaiming its regime in the Adriatic. It is noteworthy that if all Mediterranean and Adriatic States would proclaim an Exclusive Economic Zone (EEZ), there would not be a single stretch of high seas left in the entire Mediterranean Sea. Both the Adriatic and Mediterranean fall in the category of enclosed or semi-enclosed seas regulated by Part IX of the United Nations Convention on the Law of the Sea (UNCLOS). This book assesses the legal nature of Part IX of UNCLOS and discusses potential benefits of the extension of coastal State jurisdiction (proclamation of EEZs and/or similar sui generis zones), particularly in light of the recent calls towards an integrated and holistic approach to the management of different activities in the Mediterranean Sea. It examines the actual or potential extension of coastal State jurisdiction in the Adriatic Sea, against the background of similar extensions elsewhere in the Mediterranean and against the background of relevant EU policies. It additionally explores whether Part IX of UNCLOS imposes any duties of cooperation in relation to the extension of coastal State jurisdiction in enclosed or semi-enclosed seas, and puts forward practical suggestions as to how the issue of extension of coastal State jurisdiction could be approached in a way which would enhance States existing cooperation and improve the overall governance in the Mediterranean and Adriatic seas. This book will be of interest to policymakers and academics and students of international law, and the law of the sea.

Download or read book Japanese Maritime Security and Law of the Sea written by Yurika Ishii and published by BRILL. This book was released on 2021-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.