Legislating For Property Rights In Fisheries

This study is a contribution of the FAO Development Law Service to the discussion on rights-based systems in fisheries management from a legal perspective. It outlines the history of the development of rights-based fisheries management, the concepts of property rights in fisheries and the terms used in property rights regimes, the governing legislation in jurisdictions which have introduced property rights in fisheries, the interpretation placed by the courts of the jurisdiction on that legislation, and the possible options for implementing property-based fisheries rights systems in national legislation. Includes a section on New Zealand (p. 24-35).

The session was closed with papers that provided a prognosis on the future development of property rights in fisheries management. Thus, the conference papers addressed the theory and application of property.

The aquaculture industry is fast expanding around the globe and causing major environmental and social disruptions. The volume is about getting a 'good governance' grip on this important industry. The book highlights the numerous law and policy issues that must be addressed in the search for effective regulation of aquaculture. Those issues include among others: the equitable and fair assignment of property rights; the design of effective dispute resolution mechanisms; clarification of what maritime laws apply to aquaculture; adoption of a proper taxation system for aquaculture; resolution of aboriginal offshore title and rights claims; recognition of international trade law restrictions such as labeling limitations and food safety requirements; and determination of whether genetically modified fish should be allowed and if so under what controls. This book will appeal to a broad range of audiences: undergraduate and postgraduate students, academic researchers, policy makers, NGOs, practicing lawyers and industry representatives.

The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.

First published in 1995. In this study, the author provides a lively and accessible account of the failure of the legal regime to protect the environment. Elizabeth Brubaker explores how legal reliance on property rights has been useful in opposing pollution of land and water. This title will be of interest to students of Environmental Studies, as well as to all those interest in a more secure future for the environment.

Part I of the proceedings consists of two major sections, the Mini-course lectures and the presentations presented during the Core Conference (Mini-course). The lectures presented during the two-day Mini-course were grouped in two sections. The first dealt with the concepts, theory and practice relating to the use of Property Rights in Fisheries Management. Subjects covered in the first past of the Mini-course included the historical development of the introduction of property in fishery management, property rights as a means of economic organization, selection of a property rights management system, resistance to changes in property rights or, whether to use Individual Transferable Quotas (ITQs), current property rights systems in fisheries management and group and community-based fishing rights. Topics covered in the second part of the Mini-course included Management Infrastructure for Rights Based Fishing, Legal Planning for Management of Fisheries Using Property Rights, The Administration of Fisheries Managed by Property Rights, Administration of Enforcement Mechanisms for Rights-Based Fisheries Management Systems and Fisher Participation in Rights-based Fisheries Management: The New Zealand Experience The second major section of Part I of the proceedings consists of the papers presented during the three-day Core Conference. These papers covered the perspectives of (a) governments in introducing and administering such methods of management and the political, conservation, social and economic consequences, (b) industry; and (c) the wider community and other involved stakeholders.