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1.
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
2.
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
3.
According to the 1995 United Nations Fish Stocks Agreement (UNFSA), straddling fish stocks and highly migratory fish stocks are to be managed by Regional Fisheries Management Organisations (RFMOs), consisting of coastal states and relevant Distant Water Fishing Nations (DWFNs). In the North East Atlantic there are several straddling stocks, including herring, mackerel, blue whiting, redfish and numerous deep sea stocks that are exploited both within coastal states’ 200 mile Exclusive Economic Zones and on the high seas. Management of such stocks poses special management problems. In this area, the North East Atlantic Fisheries Commission (NEAFC) represents the relevant RFMO. So far the literature has devoted little attention to RFMOs in general and to NEAFC in particular. The purpose of this report is, first, to provide an overview of the organisation, structure, and objectives of NEAFC and, second, to consider its performance with regard to resource management. 相似文献
4.
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
5.
《Ocean & Coastal Management》2006,49(1-2):42-67
The seas in North-East Asia, the Yellow/East China Sea and the East Sea, which are semi-enclosed seas constituting unitary ecosystems are now facing many problems such as depletion of fish stocks, poor fishery management policies, and large-scale deterioration of the marine environment. The fishery resources of the region have long been subject to heavy fishing pressures, and many stocks are now believed to be seriously depleted and may be in danger of extinction because of overfishing. In addition, poor fishery management policies have accelerated overfishing and the rapid depletion of fish stocks. Considering this rapidly deteriorating situation, regional co-operation based on the 1982 UN Convention among coastal states should be given top priority. Most fish stocks in the region migrate beyond the jurisdiction of any one country. Indeed, one state by itself can easily destroy fishery resources because semi-enclosed seas, particularly those such as the Yellow/East China Sea and the East Sea, cannot be managed effectively without close co-operation among the coastal states. 相似文献
6.
Fragmentation in high seas fisheries: Preliminary reflections on a global oceans governance approach
《Marine Policy》2017
Notwithstanding the wide range of actions taken to strengthen the legal regime of international fisheries, overexploitation and the risk of depletion of stocks have been strong concerns for decades. Indeed, the regime of international fisheries law is currently not rooted in sustainability, and it does not adequately take into consideration the impact of fishing activities on the wider marine environment. One of the main causes lies in fragmentation of international fisheries law: a lack of coordination between instruments and institutions, and gaps in effective coherent structures for fisheries management. Areas beyond national jurisdiction (ABNJ), including the high seas, are particularly prone to this lack of coordination and integration.One alternative to reach a durable management of high seas fisheries might be found in a ‘global oceans governance approach’. This paper explores how this approach could impact the fragmented regime of fisheries. It suggests that governance-based perspectives underline concepts rooted in adaptability and interactions, concepts that suggest to approach international fisheries law not as a static set of rules but as an evolutive process. Reflecting on an overarching goal of coordination and possible management challenges in ABNJ provides an interesting starting point to develop a comprehensive understanding of the impacts of oceans governance on the fragmented legal regime of high seas fisheries. We now need to see how to give effect to governance, a task that remains, at this point, a work in progress. 相似文献
7.
Failing the high seas: A global evaluation of regional fisheries management organizations 总被引：1，自引：0，他引：1
Regional fisheries management organizations (RFMOs) collectively manage the largest distinct area of the world, the high seas, but their effectiveness in conserving the fish stocks therein has been questioned lately, as many stocks have declined. This study quantitatively assesses the effectiveness of the world's 18 RFMOs, based on a two-tiered approach, concentrating first on their performance ‘on paper’ and secondly, in practice. The former was determined by assessing how well RFMOs scored against 26 criteria that together reflect current RFMO best practices. The latter assessment referenced the current state of the stocks RFMOs manage, through biomass and fishing mortality reference points and biomass trends through time. Results show low performance of RFMOs for both assessments, i.e., average scores of 57% and 49%, respectively. The latter result is emphasized by findings that reflect two-thirds of stocks fished on the high seas and under RFMO management are either depleted or overexploited. Findings also indicate that there is no connection between the two sets of scores, suggesting a disparity between organization intent and action. 相似文献
8.
《Marine Policy》2017
Ecosystems often shift abruptly and dramatically between different regimes in response to human or natural disturbances. When ecosystems tip from one regime to another, the suite of available ecosystem benefits changes, impacting the stakeholders who rely on these benefits. These changes often create some groups who stand to incur large losses if an ecosystem returns to a previous regime. When the participation cost in the decision-making process is extremely high, this can “lock in” ecosystem regimes, making it harder for policy and management to shift ecosystems out of what the majority of society views as the undesirable regime. Public stakeholder meetings often have high costs of participation, thus economic theory predicts they will be dominated by extreme views and often lead to decisions that do not represent the majority viewpoint. Such extreme viewpoints can create strong inertia even when there is broad consensus to manage an ecosystem towards a different regime. In the same manner that reinforcing ecological feedback loops make it harder to exit an ecosystem regime, there are decision-making feedback loops that contribute additional inertia. 相似文献
9.
The Law of the Sea Convention constrains regional environmental regimes, especially with respect to navigation beyond the territorial sea. Existing soft-law institutions, notably the Arctic Council, have already strengthened environmental governance in the region by (1) improving the knowledge base; (2) preparing practical guidance on risk reduction; (3) highlighting in broader regulatory fora the Arctic dimension of problems like long-range transported hazardous compounds; and (4) supporting the capacity of Arctic states to implement existing commitments. None of those functions would be much enhanced by a legally binding Arctic environmental regime. The political impediments to reaching circumpolar agreement on a single comprehensive legal regime would suggest a flexible approach to norm building that seeks productive interplay with existing institutions. 相似文献
10.
《Marine Policy》2017
The extent to which flag States are bound by the conservation rules of regional fishery management organisations is an important question in the quest to reduce unregulated fishing. The European Union implemented a trade suspension against Cambodia under Council Regulation 1005/2008, in response to unregulated fishing by Cambodian vessels in high seas areas managed by regional fishery management organisations. Limitations in the arguments underpinning the decision evidence the flaws of unregulated fishing as a legal concept, underlining the need for it to be appropriately interpreted and contextualised in the international legal framework. Clarity on the differences between conventional and customary sources of international legal obligation, and their implications for State consent, should guide the implementation of the Regulation to maximise the normative potential of resulting practices. 相似文献
11.
Although there is fierce debate about how best to evaluate the effectiveness of international regimes, most writers regard institutional effectiveness as the best measure. This article examines the institutional effectiveness of one regime—the Barcelona Convention (or the Mediterranean Action Plan)—where there are sharply contrasting views of its institutional effectiveness. The study finds that the regime was indeed successful when created, but its contemporary institutional performance is inadequate. The article demonstrates that there is no simple answer as to whether a regime is effective; instead, in most cases it depends on the specific criteria each approach employs. 相似文献
12.
《Marine Policy》2017
It is often claimed that the Black Sea is one of the most degraded seas in the world. Management to rehabilitate the Black Sea requires cooperation between the coastal countries to be successful. However, regional cooperation in the Black Sea is poorly coordinated and lack concrete outcomes. This article analyses the performance of the Black Sea Commission in terms of enabling and fostering effective regional collaboration between the Black Sea coastal countries. The results indicate that the measures undertaken by the Black Sea Commission are effective in terms of enabling scientific and project based cooperation between the Black Sea countries. The cooperation around regional and national institutional reforms to tackle the Black Sea environmental problems is found to be weak. Despite the existing mechanisms and willingness of countries to cooperate, the implementation of the established strategic action plan for the environmental protection and rehabilitation of the Black Sea is limited. Most of the limitations of the Black Sea Commission's regime are found in its institutional and legal frameworks, which constrain the effectiveness of collaborative efforts of the Black Sea countries. To be fully functional, the collaborative governance regime of the Black Sea Commission has to be improved. Recommendations as to how these may be addressed to enhance the regime's capacity to ensure effective marine collaborative governance in the region are presented in this article. 相似文献
13.
《Marine Policy》2002,26(5):345-357
The North Atlantic Ocean has numerous global, regional, and sub-regional instruments for fisheries management. Research for this paper has examined North Atlantic State levels of compliance with these instruments. The study reveals there to be moderate levels of overall compliance, and a latitudinal gradient of compliance with Northern States scoring higher than those in the south. Of particular significance for other global regions, and the future development of international fisheries law, are the findings that: few regional fishery bodies have a systematic program in place to monitor and assess compliance; and despite overall moderate levels of compliance with the conservation and management regimes, most fishery stocks are either overexploited or at risk or collapse. 相似文献
14.
In this paper the steady lateral growth of three-dimensional turbulent inclined turbidity current is investigated. To simulate the current, an experimental setup is developed to analyze the turbidity current for different regimes in the particle laden density currents environment. The Buckingham's π theorem together with a dimensional analysis is implemented to derive the appropriate non-dimensional variables. The experimental results were normalized and plotted in the form of non-dimensional graphs from which a theoretical model is developed and analyzed. Based on the results obtained for the steady lateral growth, three different regimes, namely, inertia-viscous one as the first regime, buoyancy-viscous and gravity-viscous as the second and third regimes are distinguished within the current.In these regimes, the force balance is between the driving and resisting forces. Namely, in the first regime, the force balance is between the inertia and viscous forces, in the second regime, the buoyancy and viscous forces, and in the third regime, gravity and viscous forces are balanced. The experimental results indicate that the lateral growth rate in the first regime is smaller than that in the second and third regimes due to the magnitude and type of the forces involved in those regimes. According to the graphical results, the three different lateral growth rates appear when the normalized current length is smaller than about 3, between about 3 and 10, and larger than about 10. In those regions,the slopes of the data are different with respect to one another. 相似文献
15.
《Marine Policy》1999,23(1):1-10
Game theory is a formal tool for analysing strategic interaction between a finite number of agents. The fact that usually more than one entity or agent has property rights to fishery resources, has led to an explosion in the use of game theory and applications thereof to analyse fishery management problems. This review shows that game-theoretic modelling has made significant contributions to our understanding of the problems of fishery resource management. However, many challenges still remain. For instance, models of straddling stocks are yet to be fully developed. In addition, fisheries economists have not yet fully exploited the opportunity provided by computational methods now available, and the ever increasing power of computers, to develop more empirical game-theoretic models for practical fisheries management. 相似文献
16.
《Marine Policy》2005,29(3):247-253
The Pew Charitable Trusts have recently supported a study of the regional fishery management councils responsible for managing US coastal fish stocks. The four key findings of this report may be thought of as an attempt to answer two fundamental concerns: (i) Who should make the management decisions?, and (ii) Who should take responsibility for making these decisions? This paper provides a rational reply to these concerns by negatively reforming the questions, as: (i) How do we ensure that a decision-making is not based on irrational arguments, and (ii) How do we ensure that normative goals (maximum sustainable yields, optimum yields) are not viewed as objective scientific predictions. 相似文献
17.
The regionalisation of international environmental law has emerged as one of the most important legal trends of the last decades. However, the regulation of coastal management stood apart from this trend for a long time; indeed, while integrated coastal zone management (ICZM) projects have developed at all scales, legal regulation of ICZM has long been confined to the national and sub-national levels. This is not the case any longer: recent developments in ICZM implementation demonstrate an increasing interest in regional regulation through the adoption of specific protocols within regional seas frameworks. The article aims at taking stock of these recent initiatives, specially focusing on the Mediterranean and Western Indian Ocean (WIO) regions. It demonstrates that an ICZM Protocol can be a strategic lever to address coastal issues only if certain conditions for its elaboration and implementation are effectively met. 相似文献
18.
Introducing fishery management planning to Barbados 总被引：1，自引：0，他引：1
19.
《Marine Policy》2005,29(4):299-309
Norwegian spring-spawning herring (Clupea harengus) is a migratory fish stock, and the migratory pattern has changed several times. There seems to be a connection between altering climatic conditions and the size of fish, year-class strength and the migratory pattern. The changing juridical status of the herring has caused problems and conflicts between the parties involved in the fishery. Investigating whether the change is due to over fishing or to environmental causes, or a combination of both, was one of the objectives of the analysis. Furthermore, we have looked at the processes involved in finding solutions to the problem of managing straddling stocks. 相似文献
20.
The Global Ocean Observing System (GOOS) is a system of organization providing a framework for the ocean observing activities of the world and the organizations, programmes and projects that support them. GOOS is a tool designed to provide information required to meet the needs of a wide user community. It may be used to increase the effectiveness of the regional seas programme in meeting its targets, and to help regional fisheries bodies to implement an ecosystem-based approach to fisheries management. GOOS will be implemented by national agencies operating individually or with others through regional agreements of various kinds. Several nations with common interests in particular seas have already combined their efforts into regional GOOS bodies. To a large extent these map onto the UNEP regional sea areas, to which they are complementary. GOOS implementation began in 1998, and efforts are underway to make it useful to UNEP's regional seas programme. 相似文献