首页 | 本学科首页   官方微博 | 高级检索  
相似文献
 共查询到20条相似文献，搜索用时 31 毫秒
1.
The use of trade measures to combat illegal, unreported and unregulated (IUU) fishing in the Northeast Atlantic has evolved from unilateral denial of the landing of fish taken outside international quota arrangements to a multilateral Scheme of Control and Enforcement under the North-East Atlantic Fisheries Commission (NEAFC). International trade rules have not constrained this development, mostly due to successful management of the interplay between international resource management and trade regimes. States protect resource management objectives from such constraint by inserting clauses that establish a normative hierarchy, or they employ various means for adapting IUU measures to the ‘environmental window’ of the global trade regime. The fact that regional states have introduced trade restrictions only when non-restrictive or less restrictive measures have failed enhances such compatibility, as do the gradual shift from unilateral to multilateral measures and the rise in transparency, openness and target-state involvement. None of those features reduces the effectiveness of regional trade measures; they minimize tension with trade commitments and largely strengthen their clout in the struggle to combat IUU fishing in the Northeast Atlantic.  相似文献   

2.
The opportunities for operators to increase their revenue when illegal, unreported and unregulated (IUU) fishing catches are converted to currency through the market encourage the persistence and growth of this activity. It is often the same market that is targeted for the legal trade of fish. Thus, paradoxically, the market demand creates and incites it, at least from an economic point of view. To deter IUU fishing activities, some fish and fishery products importing countries have started to enact or implement additional regulatory measures, the goal of which is to tackle the problem from a new trade-related perspective. This contribution provides an analysis of various aspects of the market state competence. Within the framework of the European Union (rights and markets) the study analyses the emergence of regional trade-related measures and explore how they are linked to the international trade law regime especially the World Trade Organization rules. Finally, the paper draws implications for the market state measures and considers their limits and potential in combatting IUU fishing.  相似文献   

3.
Globally, illegal, unregulated and unreported (IUU) fishing challenges economic development, as well as food and human security, and has done so for many years. Despite the implementation of legal responses to IUU fishing by the international community and many States, the problem continues. While political will, the vastness of oceans and limited human and financial resources hamper the effectiveness of these responses, fragmentation has also prevented effective control. IUU fishing is addressed by legal controls across fishing, shipping, labour and criminal law and existing research on IUU fishing has tended to focus on individual aspects of these, yet evidence indicates their interconnectedness. This research addresses a gap, critically analysing the range of international legal frameworks together. Within this context, this paper explores and analyses the how fragmentation of legal instruments, lack of interaction between actors and regimes, and piecemeal implementation of the law limits the control of IUU fishing drawing on the concept of regulatory pluralism to appropriately address the challenges.  相似文献   

4.
Illegal, unreported and unregulated (IUU) fishing activities continue to thrive in the northern region of Australia's Fishing Zone (AFZ). Indonesian fishermen involved in IUU fishing in this area target specific marine species such as shark, reef fish, sea cucumber and trochus that are destined for the Asian market. Many of these marine species’ stocks are now at critical levels. Local communities based in Northern Australia, state and Federal governments are also concerned with issues of border security and quarantine measures that coincide with the IUU fishing activities. Whilst Australian and Indonesian governments continue to negotiate this pressing issue, international instruments, bilateral agreements and domestic policies are not deterring Indonesian fishermen from pursuing IUU fishing activities in the AFZ.  相似文献   

5.
The paper presents the results of a major assessment of Code adoption and implementation in nine fishing countries in Asia (China, Thailand, Vietnam), Africa (Senegal, Guinea Bissau and Guinea) and in the Caribbean (Jamaica, Dominican Republic and Trinidad & Tobago), which are part of the international research project ECOST. The main findings are that the Code as an international policy instrument remains relevant and adaptable to the current international fisheries context, and that its guiding principles and provisions have been endorsed and adopted in almost unanimous fashion by the countries covered, and integrated into fisheries policy letters and legal frameworks. However, results also suggest that tackling the truly difficult issues in fisheries, such as combating illegal, unreported and unregulated (IUU) fishing or adjusting fishing overcapacity has been a lot less successful. The design and implementation of necessary measures often remains very weak in domains with important economic and political dimensions. The causes for this are attributed to a mix of administrative inertia, lack of political will and stamina, and short-sighted economic considerations.  相似文献   

6.
One way that illegal, unreported, and unregulated (IUU) fish catch is laundered into the seafood market is through transshipments at-sea. This practice, which often occurs on the high seas (the areas of ocean beyond national jurisdiction), allows vessels fishing illegally to evade most monitoring and enforcement measures, offload their cargo, and resume fishing without returning to port. At the same time, transshipment at-sea can facilitate trafficking and exploitation of workers who are trapped and abused on fishing vessels. This study gives an overview of high seas transshipment as well as evaluates transshipment at-sea regulations across 17 Regional Fisheries Management Organizations (RFMOs), which are responsible for regulating fisheries on the high seas. Transshipment at-sea regulations have become increasingly strict in most RFMOs since the late 1990s. However, only five RFMOs have mandated a partial ban, and only a single RFMO, the South East Atlantic Fisheries Organization (SEAFO), has mandated a total ban on transshipment at-sea. A total ban on transshipment at-sea across all RFMOs would support the ability of oversight and enforcement agencies to detect and prevent IUU fishing and also likely reduce human trafficking and forced labor on the high seas.  相似文献   

7.
贸易技术壁垒与技术标准战略   总被引：3，自引：0，他引：3  
回顾了在世界经济一体化趋势下世界贸易组织贸易技术壁垒协议(WTO／TBT)的基本原则，介绍了贸易技术壁垒的几种基本形式；分析了实施技术标准战略的意义和我国在技术标准方面的状况，并提出了相关对策与建议。  相似文献   

8.
It is widely recognized that fishing states are obliged to exercise flag state responsibility over their vessels. In an attempt to become a responsible fishing actor, Taiwan has endeavored to manage its distant water fishing fleet in accordance with international fisheries management. However, the long-standing problems of illegal, unreported and unregulated (IUU) fishing, fish laundering, and fishing overcapacity, which remained unsolved during the 1990s and early 2000s, brought its management capability into doubt. Failure to address these problems undermined the credibility of all management measures and ultimately resulted in a recommendation adopted by International Commission for the Conservation of the Atlantic Tunas (ICCAT) in 2005. This recommendation significantly affected Taiwan's distant water fishing policy. This paper examines how Taiwan assimilated this outside force into its fishing policy as a new response to international fisheries management and how fishers perceived this response. It shows that Taiwan's efforts in controlling distant water fisheries marked a big change, specifically manifest in three noticeable actions - reducing excessive bigeye-targeted efforts, deterring IUU fishing, and strengthening fisheries management. The study advises that management of small tuna vessels be effectively exercised and recommends future actions on providing subsidies for fishers to partially offset costs incurred by rule compliance, streamlining their administrative work, enhancing communication with them, putting more enforcement and meaningful penalties in place. Finally, the study indicates the existence of an interaction in the international fisheries management scheme, potentially favoring Taiwan to bargain for fishing rights and a favorable status in the participation of regional fisheries management organizations (RFMOs) in the future if it continues to exercise effective control of distant water fisheries.  相似文献   

9.
Legislation is considered an effective means to regulate the fishing and trade of marine ornamental fish (MOF), which is an industry with a wide range of environmental and social impacts worldwide. This study analyses Brazilian MOF legislation as a tool for conservation. Brazil's legal framework includes participation in international agreements, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as well as administrative measures that regulate the capture of certain species in Brazil. However, compared with the laws that pertain to terrestrial fauna, Brazil's MOF legislation remains limited and possibly lacks the necessary technical and scientific foundation. There is a trend to prohibit the capture of organisms according to the criterion of “rarity”. The legislation also includes the use of “positive lists”, which identify which species may be caught and establish maximum individual capture and trade quotas. Nevertheless, the criteria used to determine the quotas are not established a priori and apparently defined without scientific rigour. In this context, it is impossible to affirm that Brazilian MOF legislation fulfils its function as an instrument for the conservation of MOF stocks.  相似文献   

10.
This paper presents the results of an analysis to determine the financial and social feasibility of aquaculture technologies for live reef organisms, including food fish and marine ornamentals, as an alternative to wild capture of live reef organisms in nearshore waters in the Indo-Pacific region. The paper provides information and policy guidance for appropriate aquaculture technology application for Indo-Pacific nations, which are the source of most live reef organisms supplied for international trade. Cautionary evidence indicates that, under certain conditions, some forms of small-scale aquaculture of live coral reef organisms can be a useful solution for reducing fishing pressure on coral reefs.  相似文献   

11.
In 2001 FAO published the “International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”. Based on this plan, national and supranational authorities have developed legislation to fight the so called IUU fishing. A key aspect of the legislation proposed so far is the mandatory recording of some data elements and the requirement that these data should be available for access through a traceability system. This article outlines a general framework for evaluation of these types of requirements, using a predictor-outcome N-way matrix. A “good practise” system is described, against which the existing systems and practises can be evaluated. The framework can be used to assess if the regulatory requirements ensure that the relevant IUU fishing identification data are made available, and it can also be used to evaluate the requirements imposed on the traceability system.  相似文献   

12.
The fight against illegal, unreported and unregulated (IUU) fishing activities has recently become a high priority in the international fisheries management agenda. While a number of academic contributions have sought to improve the understanding of the problem, most remain limited in scope. To help policy makers obtain a more comprehensive picture of the situation, the OECD Committee for Fisheries recently completed a study addressing the full economic dimensions of IUU fishing in an integrated manner. This paper presents the analytical framework developed by the OECD as well as some of the key results of the study regarding the causes of and the potential solutions to this widespread problem.  相似文献   

13.
Global trade in fishery products plays a significant role in shaping the harvesting and use of fish, and therefore will be an important part of a transition to sustainable fisheries. This article provides an overview of global trade flows in fish and fishery products as well as future trends affecting the sector. It then moves on to review trade policy measures applied in major producing and importing countries, including tariff, non-tariff measures, and fisheries subsidies. It ends with an overview of recent developments in international frameworks governing trade in fish and fishery products at the global, regional and national levels.  相似文献   

14.
The live reef food fish trade (LRFFT) has caused severe depletion of the Humphead wrasse (Cheilinus undulatus) populations globally, a species considered endangered by the International Union for the Conservation of Nature. In 2010, signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora recognized that illegal, unregulated, and unreported (IUU) activities in the LRFFT were undermining the efforts to protect this species. Management recommendations have yet to be effectively implemented at national and local levels where the fish is harvested. This paper analyzes the threats to, and socio-economic impacts of, Humphead wrasse recovery in Sabah, Malaysia, and offers both short- and longer-term recommendations for the local recovery of the species. Key issues addressed centre around understanding the threats to recovery, specifically the role of IUU and the context-specific considerations, including the socio-economic aspects of the IUU trade in Sabah. The analysis confirms that deliberate management planning and action at multiple levels are required to prevent local-scale extinction. Lessons for other species and countries involved in the LRFFT suggest that to be effective, broad management frameworks must be tailored to local situations and must focus on gaining support and participation of fish harvesters if the recovery and long-term sustainability of both the Humphead wrasse and the LRFFT are to be achieved.  相似文献   

15.
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended.  相似文献   

16.
Taiwan used to have the biggest precious coral fisheries industry in the world. However, due to changes in the fishery, including increased fishing restrictions and the replacement of obsolete vessels, the scale of the industry had been gradually reduced since 1979. Unfortunately, the initiative proved to be poorly managed and resulted in an increase in illegal, unreported and unregulated (IUU) coral fishing. This forced the government to review and amend the precious coral fisheries management regulations, which had been in place for decades. The Taiwanese government introduced stringent monitoring, control and surveillance (MCS) management methods, already used in deep water fisheries, as a precautionary approach. At the same time, an investigation and evaluation of existing resources was carried out. Together, these initiatives were introduced in order to encourage the domestic industry to adopt the concept of ecosystem-based fishery management.  相似文献   

17.
We present a conceptual model for the analysis of the costs and benefit aspects of the risk inherent in illegal, unreported and unregulated (IUU) activity. We then develop and present a map of IUU incidences as reported in the Fisheries Centre's Sea Around Us project IUU global database. This map shows that IUU activities are quite widespread geographically. We next present an analysis of the cost and benefit aspects of risks of IUU fishing. A key result of the study is that for the cases analyzed as a group; the expected benefits from IUU fishing far exceed the expected cost of being apprehended. For an assumed 1 in 5 chance of being apprehended, our calculations show that reported fines for the vessels apprehended will have to be increased by 24 times for the expected cost to be at least as much as the expected benefits.  相似文献   

18.
Governments have tried for many years to negotiate rules to limit fisheries subsidies in the World Trade Organisation (WTO). Meanwhile, Parties to the Trans-Pacific Partnership (TPP) trade agreement have agreed to prohibit subsidies to particular kinds of fishing activity. Recent proposals in the WTO suggest a degree of support for a similar narrow prohibition. This paper uses evidence in the literature on the impact of subsidies on fish stocks, and from the WTO negotiations, to propose how disciplines on fisheries subsidies could be expanded, building on these first steps by the members of the TPP. The impact of subsidies on fishers' incentives and fish stocks depends on several factors, but many subsidies can tend to increase fishing capacity and effort beyond sustainable levels. Options for expanded disciplines include prioritising the prohibition of those subsidies that are most likely to be harmful to fisheries resources. An “actionable” category for other harmful subsidies could also be prioritised, as well as a set of exceptions for expenditures that are likely to be beneficial in the sense that they help to protect the environment or support poverty reduction.  相似文献   

19.
Toxins produced by marine microalgae are harmful to humans and a serious threat to aquaculture and fisheries. Most seafood-producing countries have established monitoring programmes and regulations to protect public health from the risk of toxin exposure. However, there are disparities in current regulations regarding methods and applied limits for toxin control. Inconsistencies are especially evident for Diarrhetic Shellfish Poisoning (OSP) toxins. Epidemiological and toxicological data are necessary to assess risk, and to establish safe limits for the different groups of toxins. The scarcity or absence of pure toxins and certified reference materials has hampered toxicological studies and the development of suitable analytical methods. The World Trade Organization and the General Agreements on Tariffs and Trade encourage the harmonization of regulations on food safety requirements. The current policy on trade liberalization of seafood is presented, together with a review of the regulations for marine microalgal toxins. Activities on harmonization of methods and limits, particularly to OSP toxins, are discussed.  相似文献   

20.
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   

设为首页 | 免责声明 | 关于勤云 | 加入收藏

Copyright©北京勤云科技发展有限公司  京ICP备09084417号