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1.
The Convention of the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean is a remarkable achievement in international fisheries cooperative management and significant, albeit slow and uneven, progress has been made by its Commission in promoting the conservation of vulnerable tuna stocks and managing fishing capacity. This paper evaluates current progress and suggests that further progress will be difficult to achieve unless attention is given to addressing the inherent risks in fisheries management and in the underlying incentives facing WCPFC members. Both issues could be addressed over the longer term by drawing on the strengths of existing management strategies that are actively debated within the WCPFC.  相似文献   

2.
On 4 August 1995, the UN Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks adopted an Agreement for the conservation and management of straddling and highly migratory fish stocks. The mandate given by the General Assembly required that the results of the Conference be fully consistent with the UN Law of the Sea Convention. The purpose of this article is to examine the significance of the agreement for the law of the sea as embodied in the Convention. It shows that the agreement constitutes an important contribution to the Convention in that it facilitates the implementation of the Convention's provisions, strengthens the Convention's regime, and further develops general or framework rules of the Convention. The most significant contribution lies in the development of the law with respect to such issues as the precautionary approach to fisheries, compatibility of conservation and management measures adopted for areas under national jurisdiction and those for the adjacent high seas areas, the role of regional organizations or arrangements, duties of the flag State, enforcement against foreign vessels on the high seas, and port State jurisdiction.  相似文献   

3.
Developments in fisheries governance in recent decades—notably the 1982 United Nations Convention on the Law of the Sea and its implementing agreements—have established a framework of principles, standards, institutions and regulations that is broader and more complex than traditional fisheries management, which has generally focused on individual target species. As this framework has evolved, a number of seafood eco-labelling schemes have also developed. These schemes aim to identify well-managed fisheries and give competitive advantage to their products, thus translating the environmental awareness of consumers into direct support for sustainable fishing practices. This paper evaluates a number of these schemes in the context of international fisheries governance principles and considers the conservation benefits that may result from sustainability certification of Pacific tuna fisheries. The paper briefly summarises developments in eco-labeling of Pacific tuna fisheries in relation to the evolution of fisheries management, where focus has shifted from the maximum sustainable yield of individual tuna species to ecosystem-based approaches that directly consider the broader environmental impacts of fishing. The paper discusses two different ‘Dolphin Safe’ eco-labels, the third-party scheme of the Earth Island Institute and the intergovernmental scheme of the Agreement on the International Dolphin Conservation Program, and two broader eco-labels offering sustainability certification of fisheries, ‘Friend of the Sea’ and the ‘Marine Stewardship Council’. The role played by seafood-industry associations with sustainability claims, such as the International Seafood Sustainability Foundation, is also considered.  相似文献   

4.
Conservation and management of transboundary fisheries must account for diverse national interests while adopting compromises necessary to develop and implement robust conservation and management measures. The United Nations Fish Stocks Agreement requires states to ensure that conservation and management measures for straddling and highly migratory fisheries do not transfer a disproportionate burden of conservation action onto developing states. However, fulfilling this obligation in transboundary fisheries is undermined by the lack of agreed transparent frameworks for assessing the impact of alternative conservation and management measures, and distributive decision making processes for adopting measures that meet scientific and equity obligations. A new informal and multi-disciplinary research partnership, the Fisheries Equity Research Network, has been established to encourage international research into the equitable distribution of conservation limits in trans-boundary oceanic fisheries. The Fisheries Equity Research Network will research transparent and equitable rules and frameworks for assessing and distributing conservation burdens in transboundary fisheries.  相似文献   

5.
The article offers an analysis of the globalisation debate in the context of international fisheries governance. It argues that there are significant transformations in fisheries policy-making in international economics, international institutions and international law-making which alter state authority in fisheries management. Thus, decision-making at international, regional and national levels is increasing, displaced from the state level. This ‘multi-level’ decision-making is exemplified in the United Nations Food and Agricultural Organisation's Code of Conduct for Responsible Fisheries, 1995. The Code represents a sound instrument of fisheries governance, capable of responding to contemporary global transformations. Changes are illustrated by comparing the Code and the Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks, 1995, in the areas of international economics, institutions and law-making. Reference is made to interaction between a range of actors and to formal and informal procedures. In conclusion, a process of ‘fisheries governance’ is confirmed, emerging from a new environment of international fisheries relations.  相似文献   

6.
Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea . The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources are illustrated. Four key lessons from the IOC are examined: 1. Coordinating international cooperation in marine scientific research; 2. Enabling open access to data and knowledge; 3. Facilitating capacity development through scientific training and education; and 4. Governance of marine scientific research. Realising the potential of the IOC to advance governance solutions for ABNJ will depend on increased political will from Member States and strengthened partnerships to reduce resource constraints and enhance the IOC's capacity at global and regional scales.  相似文献   

7.
For several decades it has been acknowledged that there is an urgent need for new approaches to fisheries management, embracing conservation and environmental considerations. The voluntary Code of Conduct on Responsible Fishing and the United Nations Fish Stocks Agreement provide the formal basis for the Precautionary Approach to fisheries management. Some tuna Regional Fisheries Management Organisations such as the WCPFC and IATTC make explicit mention of these codes in their conventions, whilst others, whose conventions do not explicitly address the Precautionary Approach, are searching for ways in which to take these codes into consideration. In practical terms, the scientific obligations to Precautionary Approaches are to determine the status of the stock(s) relative to limit and target reference points, to predict outcomes of management alternatives for reaching the targets and avoiding the limits, and to characterise the uncertainty in both cases. A convenient framework to conduct management evaluations is through the use of harvest control rules, for which managers agree on specific management actions under their control which are evoked according to levels of stock status relative to predefined reference points. These pre-agreed management actions are then simulated for a range of scenarios. This paper presents the ways in which tuna RFMOs are currently incorporating the precautionary approach in their fisheries management as well as suggestions for possible best practice.  相似文献   

8.
This paper reviews some of the major issues in the international transfer of technology and the role of international organizations such as the United Nations in the transfer of technology. In 1975, the UN General Assembly endorsed the New International Economic Order (NIEO) which contained many resolutions including improvement of the terms of technology transfer in favor of developing nations. The mandatory provisions of the 1982 United Nations Convention on the Law of the Sea (1982 Convention) became a turning point in the evolution of the role of the international organizations to control the transfer of technology. Although the significance of technology in economic development of the developing countries has been recognized, provisions of the 1982 Convention on technology transfer came under serious scrutiny in the 1980s. In 1994, the discontent with the 1982 Convention among the industrialized countries and the growing popularity of market ideology among the developing countries led to an amendment to the Convention which adopts a market approach for the dissemination of technology and stresses the importance of environmentally sound technology.  相似文献   

9.
Various international treaty bodies and non-governmental organisations continuously urge States to establish a network of Marine Protected Areas (MPAs) in areas beyond the limits of national jurisdiction (ABNJ). Although this goal is far from being reached, the OSPAR Convention may serve as an example illustrating the efforts made on a regional level for the North-East Atlantic. However, these efforts to effectively protect the marine environment are subject to limitations under the Convention on the Law of the Sea (UNCLOS). Likewise, the OSPAR Convention itself restricts the scope of such protected areas. The OSPAR Convention does not adequately cover all human uses of the oceans that may interfere with a protected area, and it lacks opportunities for internationalised enforcement measures. Consequently, the responsibility for effective conservation measures under the OSPAR model ultimately remains with individual Contracting Parties, i.e. their commitment to set stricter standards and to agree on their enforcement. Nevertheless, ‘soft’ obligations such as reporting duties are suitable for collecting data on the need for protection and utilisation of the MPAs. Additionally, cooperation with regional fisheries management bodies allows for better protection of the living resources in these areas. Finally, OSPAR MPAs can draw attention to particularly vulnerable ecosystems and promote conservation standards and measures such as those developed under the auspices of the FAO.  相似文献   

10.
“Traditional fishing rights” were once universally accepted by the international community. However, under a regime of Exclusive Economic Zones (EEZs) defined by the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, these rights were treated as a reasonable allocation of the surplus of the total allowable catch (TAC) or dependence on phase-out arrangements in bilateral fisheries agreements. This has caused the gradual marginalization of traditional fishing rights. This paper analyzes the transformations and trends affecting the development of fishing industries around the world, especially the growth and decline of traditional fishing rights and EEZs.  相似文献   

11.
The tuna industry in the Western and Central Pacific Ocean (WCPO) is one of the most valuable fisheries in the world. Taiwan has a long fishing history and is one of the major distant water fishing nations in the surrounding area. This study aimed to review the historical cooperation structure between Taiwanese purse seiners and Pacific Island Countries (PICs). Data were collected by literature analysis and semi-standardized in-depth interviews with experts. The results showed that since 1982, the Taiwanese purse seiners have developed and signed bilateral access agreements with seven PICs under a variety of formats. The fisheries access and licensing arrangements have been transformed to a Vessel Day Scheme (VDS); as a result, the access fees have increased rapidly since 2010. Taiwanese industries have invested in facilities and share ownership with some PICs. Moreover, the Taiwanese purse seiner industries have proclaimed their willingness to follow the Western and Central Pacific Fisheries Commission conservation measures and stated that they will cooperate with PICs. They hold conservative views, however, regarding the further transfer of ownership to PICs. For the conservation of tuna resources in the WCPO, distant water fishing nations and PICs should cooperate to limit fishing capacity and ensure that the access fee benefits PICs.  相似文献   

12.
The 1995 United Nations Fish Stocks Agreement facilitates the creation of regional fishery management organizations (RFMOs) to govern harvests of straddling and highly migratory fish stocks. The stability and success of these organizations will depend, in part, on how effectively they can maintain member nations’ incentives to cooperate despite the uncertainties and shifting opportunities that may result from climate-driven changes in the productivity, migratory behavior, or catchability of the fish stocks governed by the RFMO. Such climatic impacts may intensify incentives for opportunism, and create other management challenges for the RFMOs now governing tropical tuna fisheries in the Pacific and Indian Oceans.  相似文献   

13.
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future.  相似文献   

14.
Leatherback turtles migrate across the jurisdictions of multiple sovereign states and present complex challenges to those responsible for their conservation. Concern for marine turtles has led to their protection under range state legislation and protective listing under a suite of multilateral environmental agreements. Evidence suggests that a distinct, reproductive sub-population of leatherback turtles is shared amongst a number of northern Caribbean range states, including the UK overseas territories (UKOTs) of Anguilla and the British Virgin Islands (BVI). The post-nesting movements of three female leatherbacks were tracked after they nested in Anguilla (n=1, tracked for 228 days) and the BVI (n=2, tracked for 12 and 13 days, respectively). These turtles used territories of multiple range states, with the leatherback tracked from Anguilla also migrating through high seas to foraging grounds in Canadian waters. In addition, a review of regional leatherback flipper tag return records helps define the range of this northern Caribbean nesting population (NCNP), which appears to be in recovery in some range states. While national legislation and conservation efforts appear to have contributed to these population recoveries, most relevant MEAs appear to have played little or no role. However, opportunities for constructive dialogue between NCNP range states exist under the Cartagena Convention the United Nations Convention on the Law of the Sea and the International Commission for the Conservation of Atlantic Tuna (ICCAT). UKOT conservation managers would, therefore, be justified in prioritising unilateral leatherback conservation action, and multilateral efforts through the Cartagena convention and regional fishery management mechanisms, over potentially costly accessions to additional MEAs.  相似文献   

15.
This article examines the role of the concept of sovereignty over national resources in the management of resources. Resource management as opposed to resource exploitation is more desirable both for the protection of the environment and for the sustainable development of resources. It is argued that the national right over resources is an essential element in rational resources management which in turn is indispensable to carrying out a policy of sustainable development. The article first describes the Southeast Asian seas environment. Second, the article examines the regime of archipelagic waters according to the UN Convention on the Law of the Sea, 1982 and its significance for the right of the management of natural resources in the Indonesian marine space. Third, utilization of living resources in the national marine space is reviewed. Fourth, the article deals with the mechanism for a rational management of non-living resources: the Kontrak Karya and production sharing systems for hard minerals and oil and gas respectively.  相似文献   

16.
The Western and Central Pacific Ocean is home to the world's most productive tuna fisheries, with the majority of tuna catches occurring inside the exclusive economic zones (EEZs) of the region's developing coastal States. It is important that these fisheries are managed effectively throughout their range, both within and between EEZs and on the high seas. Unrestrained exploitation in a particular EEZ or on the high seas has the potential to significantly impact on catches elsewhere with potentially devastating consequences for developing coastal States, some of which have few alternate resources. The Western and Central Pacific Fisheries Commission (WCPFC) was established in 2004 to manage the region's highly migratory tuna fisheries. However, the WCPFC has since repeatedly failed to adopt conservation and management measures that are sufficient to meet the WCPFC's conservation and sustainable use objectives. This paper analyses catch data from the WCPFC and suggests that the weak position of bigeye (in a strategic political context), the unwillingness of members to compromise their interests and the lack of a transparent framework for distributing the burden of conservation are key factors in the WCPFC's failure to adopt sufficiently strong conservation and management measures.  相似文献   

17.
Guifang Xue 《Marine Policy》2006,30(6):651-658
The paper discusses China's policy adjustment responding to flag state responsibilities of the Fish Stocks Agreement and the Compliance Agreement. China's incorporation and application of the management measures of the two instruments into its domestic legislations regarding distant water fishing vessels is examined to illustrate China's compliance as a flag state. It will be shown that China has taken concrete steps to bring its management practice in line with the requirements of international fisheries instruments and has endeavoured to respond to the two instruments positively. However, China needs to set priorities to improve its overall management capacity so as to make it ready to ratify the two instruments and to live up to their terms.  相似文献   

18.
This article examines Indonesian-Malaysian relations in the light of Indonesia's new archipelagic regime. Archipelagos are defined and the rights and duties of archipelagic states under the Law of the Sea Convention are outlined. Indonesian-Malaysian relations from the 1974 Memorandum of Understanding to the 1982 bilateral treaty are described. The author examines the implications of an Indonesian suspension of passage on Malaysian transport, submarine cables and pipelines, fishing, oil and gas, and search and rescue. The author concludes by indicating how the two countries should adjust to the regime.  相似文献   

19.
《Ocean & Coastal Management》2006,49(9-10):739-763
The framework for management of the ocean and coasts of the Pacific Islands region has been evolving since the early 1970s when Pacific Island countries played a significant role in the negotiations leading to the 1982 United Nations Convention on the Law of the Sea. Commencing with a summary of the provisions of relevant international instruments, this paper presents a broad overview of regional arrangements for ocean and coastal management in the Pacific Islands region. It considers the work of the various regional intergovernmental organizations with active programmes in ocean research and governance and the consultative arrangements that support coordination and collaboration. Consultative arrangements involving other stakeholders, such as local, regional and international nongovernmental organizations are summarised. To improve environmental governance and address increasing environmental threats, particularly in relation to coastal area management, consultative arrangements need strengthening. This applies equally to national and regional level consultation. The institutional and policy framework for the management and conservation of oceanic fish stocks that Pacific Island countries have been refining over a period of 25 years is suggested as providing useful lessons for strengthening coastal management processes and strategies in the region.  相似文献   

20.
Following the decision in 2007 by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) to include European eel Anguilla anguilla on its Appendix II, and the 2010 ban of all eel exports by EU member states, a shift has occurred to tropical Asian eel species to meet the demand from East Asia. Here the focus is on the role Indonesia played in fulfilling this demand using official export figures, reports in the Indonesian media and government documents. Despite Indonesia first putting in place restrictions on the export of eel in 1974 the export has increased exponentially over the last 25 years. Prior to the EU ban it exported ~1.4 million kg/year. With the infrastructure in place, and close trade links to East Asia, and helped by government encouragement, Indonesia was in an excellent position to step in where the EU posed restrictions. Exports increased to 3.2 million kg/year (2007–2009), to 4.0 million kg/year (2010–2012), and to 6.1 million kg (2013). The interest in eel trade in Indonesia increased in parallel with the exports. From 2010 onwards the searches for the Indonesian equivalent of eel (“ikan sidat”) became frequent enough for it to be picked up by Google Trends. Indonesia is home to five species of eel, and while it is unclear in what quantities each is traded, Indonesian media reports suggest that the majority comprises A. bicolar and A. marmorata. More stringent management schemes, possibly including CITES-listing, and better monitoring are needed to ensure that international trade is not an impediment to the conservation of tropical eels.  相似文献   

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