scholarly journals Status and Reform of International Arctic Fisheries Law

2013 ◽  
pp. 103-125 ◽  
Author(s):  
Erik J. Molenaar
Keyword(s):  
2017 ◽  
Vol 17 (1) ◽  
pp. 101 ◽  
Author(s):  
İbrahim Yilmaz ◽  
Serpil Yilmaz ◽  
M. Tunca Olguner

From the early history of humanity until today, fish and other fishery products have always been involved in human diet. The intake of a sufficient number of proteins has been enabled through high-quality fish meat containing a significant quantity of essential amino acids as well as omega-3 fatty acids. According to the studies, 150 grams of fish, meets the needs of a 50-60% of daily protein intake for an adult. A large part of fishery production in Turkey (86%), is consumed fresh. Turkey, within the scope of Common Fisheries Policy is trying to harmonize fisheries with the EU. A failure to update the 1380 coded Fisheries Law and rapid issuing of EU compatible regulations, safe food for consumers, high quality products along the year for processing industry and marketers, as well as the inability to ensure sustainable price development for the producers, prevent the success of the sector. The aim of this study was to determine the consumption behavior when taking fishery products in terms of food safety, reliability, product quality as well as the level of income and education.


Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.


2019 ◽  
Vol 31 (3) ◽  
pp. 443-464 ◽  
Author(s):  
Thomas Appleby ◽  
James Harrison

Abstract There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obligations under EU nature conservation law by taking unilateral non-discriminatory measures within their territorial seas to protect the marine environment from threats posed by fishing. Nevertheless, fundamental uncertainties remain when it comes to the application of these obligations to offshore waters. This article explores the options available to coastal states in this context and the weaknesses of the procedures introduced to the reformed CFP in 2013. It is argued that compliance with nature conservation law in the context of fisheries is not discretionary and that in the absence of measures agreed at the EU level, Member States must comply with their obligations under the Habitats Directive in their capacity as a flag state. Finally, the article addresses the implications of Brexit for the protection of European Marine Sites in UK waters, suggesting that Brexit offers opportunities to strengthen the protection of marine ecosystems by making future access arrangements for foreign fishing vessels conditional upon compliance with nature conservation laws.


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