Non Flag State Enforcement In High Seas Fisheries

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. It demonstrates that an exception is emerging in customary international law to the rule of the primacy of flag state jurisdiction in the high seas fisheries context.

The concept of a fishing entity is a new category of fishing actors, separate from that of states, in the international law of the sea. The emergence of this new category provides a significant development towards a more flexible application of regulations regarding usage of the sea. A fishing entity owns advanced technology and fishing skills, and, as such, has an important role to play in global and regional conservation and management of fishery resources. Despite this, it is defined as being distinct from a state in the relevant legal documents, resulting in unclear circumstances involving certain global and regional agreements which usually apply to the latter. This ambiguity is particularly prevalent in legal procedures on the high seas when the sovereignty of a state comes into question, such as boarding and inspection. This book provides a detailed definition of the role of the fishing entity in the international law of the sea, and its obligations and rights in high seas fishery enforcements.

Conventions covering the law of the sea contain provisions on compensation for wrongful interferences with navigation, though they are rarely applied. This book analyses all relevant compensation provisions and compares them to the general law of state responsibility. The author discusses such issues as the responsibility of international organizations, liability for lawful conduct, and several and joint liability in public international law.

"A publication of the National Research Council of Canada Monograph Publishing Program."

Leading scholars of international law and international relations explain the wave of regional disputes that arose in the 1990s over fish stocks that straddle both national waters and the high seas.

This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

Illegal, Unreported and Unregulated (IUU) fishing threatens the viability of high seas living resources. This book details the efforts of the Convention for the Conservation of Antarctic Marine Living Resources Commission and the Australian government to adopt complementary measures to deter IUU fishing in the Southern Ocean. It describes how these various measures have proven effective in deterring IUU operators.