The Framework for Coastal State Jurisdiction over Fishing in the EEZ

2021 ◽  
pp. 25-62
Author(s):  
Camille Goodman
Keyword(s):  
Legal Framework ◽  
Highly Qualified ◽  
Coastal State ◽  
Margin Of Appreciation ◽  
Management Concepts ◽  
The Face ◽  
United Nations Convention ◽  
International Instruments ◽  
Conservation And Management

This Chapter outlines the legal framework for the regulation of living resources in the exclusive economic zone (EEZ) as established in the 1982 United Nations Convention on the Law of the Sea (LOSC) and other relevant international instruments. It demonstrates how the LOSC seeks to balance the competing interests of coastal and flag States and argues that while the ‘non-specific’ standards established in the LOSC have subsequently been strengthened by the recognition of additional conservation and management concepts, the basic rights and obligations of coastal States remain ambiguous, open-ended, and highly qualified. In order to clarify this ambiguity, it looks beyond the basic list of rights and duties set out on the face of the LOSC to establish what coastal States must, may, and must not do in exercising their sovereign rights over living resources in the EEZ. It examines the approaches taken by international courts and tribunals in reviewing the innovations and interpretations offered by coastal States in their implementation of the LOSC, and identifies the broader, normative principles that constrain and enable coastal State jurisdiction in the EEZ. This includes discussion of the rules of due regard and due diligence, the role of the margin of appreciation doctrine, and the extent to which a coastal State may act to protect—or prevent interference with—its sovereign rights. The Chapter concludes by drawing these concepts together to outline the basic framework that governs the continuum of jurisdiction over living resources in the EEZ.

Rights, Obligations, Prohibitions: A Practical Guide to Understanding Judicial Decisions on Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

2018 ◽  
Vol 33 (3) ◽  
pp. 558-584
Author(s):  
Camille Goodman
Keyword(s):  
Legal Framework ◽  
Exclusive Economic Zone ◽  
Highly Qualified ◽  
International Courts ◽  
Coastal State ◽  
Judicial Decisions ◽  
Practical Guide ◽  
Practical Guidance ◽  
Economic Zone

Abstract Given the ambiguous, open-ended and highly qualified nature of the legal framework governing the coastal State’s regulation of living resources in the exclusive economic zone (EEZ), there is an important role for international courts and tribunals in reviewing the innovations and interpretations offered by coastal States, and clarifying the meaning of relevant provisions. In light of the significant body of jurisprudence that is now available in this area, this article seeks to provide some practical guidance regarding the nature and extent of coastal State jurisdiction over living resources in the EEZ, by reference to the approaches taken by international courts and tribunals.

In Pursuit of the White Whale of Cooperation

2020 ◽  
Vol 5 (2) ◽  
pp. 245-280
Author(s):  
Robert C. Steenkamp ◽  
Cameron Jefferies
Keyword(s):  
Law Of The Sea ◽  
Wild Fauna ◽  
International Obligation ◽  
Ex Ante ◽  
Commercial Whaling ◽  
United Nations Convention ◽  
International Instruments ◽  
First Time ◽  
The Relationship ◽  
Conservation And Management

Abstract On 26 December 2018, Japan announced that it would withdraw from the International Whaling Commission (iwc) and indicated its intention to begin commercial whaling for the first time in 30 years. Despite the ethical and political outcry from several States, the legal ramifications of Japan’s withdrawal requires further analysis. This article examines the relationship between Japan and the iwc ex ante and ex post Japan’s withdrawal. Such an examination highlights the influence that Japan’s international duty to cooperate in the conservation and management of cetaceans might have across various international instruments. Japan is no longer bound by the recommendations and resolutions of the iwc; however, Japan remains a member of both the United Nations Convention on the Law of the Sea and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. With this in mind, the article examines the interaction between these three international instruments as well as the influence that such interaction might have on Japan’s international obligation to cooperate in the conservation of cetaceans.

7 Fishing and the Conservation of Marine Living Resources

2017 ◽  
Author(s):  
Harrison James
Keyword(s):  
International Law ◽  
Marine Mammals ◽  
Code Of Conduct ◽  
Legal Framework ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The Law ◽  
Regional Fisheries Management Organizations ◽  
Law Making

Chapter 7 reviews the legal framework for the regulation of fishing in the United Nations Convention on the Law of the Sea (UNCLOS) and explains how States have developed additional rules and standards for the conservation of marine living resources at global and regional levels. In particular, the analysis considers the extent to which States have implemented a precautionary and ecosystems approach to fisheries, as well as how they have sought to adopt law-making techniques that overcome the challenges of regulating the open-access resources of the high seas. The chapter covers major developments in the international law of fisheries, including the Code of Conduct on Responsible Fisheries, the Fish Stocks Agreement, the Port State Measures Agreement, and the International Guidelines on Deep-Sea Fisheries. The role of Regional Fisheries Management Organizations (RFMOs) in implementing these instruments is considered a key feature of the law-making process. The chapter also addresses the specific regimes that apply to anadromous species, catadromous species, and marine mammals.

Hot Pursuit and the Exercise of Enforcement Jurisdiction beyond the EEZ

2021 ◽  
pp. 295-337
Author(s):  
Camille Goodman
Keyword(s):  
Coastal State ◽  
Black And White ◽  
Exclusive Jurisdiction ◽  
Substantive Content ◽  
Community Interest ◽  
Use Of Technology ◽  
United Nations Convention ◽  
Effective Conservation ◽  
Conservation And Management ◽  
High Seas

This Chapter considers the enforcement of coastal State fisheries laws and regulations beyond the exclusive economic zone (EEZ) following a hot pursuit. While the general framework for hot pursuit established in the 1982 United Nations Convention on the Law of the Sea is clear, its substantive content and operation—particularly in situations that do not fall neatly within the black and white terms of the framework—is less clear. This Chapter considers the key challenges to this framework, and the extent to which—and the ways in which—coastal States have implemented, developed, or departed from it in practice, focusing in particular on the domestic legal basis for conducting hot pursuit, the use of technology in the conduct of hot pursuit, and cooperative approaches to hot pursuit. While recognizing that the hot pursuit doctrine must strike an appropriate balance between the sovereign rights of the coastal State to enforce its laws and the exclusive jurisdiction of the flag State over its vessels on the high seas, the Chapter argues that there is also a broader community interest to be balanced on both sides of this equation: to ensure the effective conservation and management of living resources, and preserve the freedom of navigation on the high seas. This is reflected in the Chapter’s examination of practice, which reveals that States have adopted and implemented a functional, contemporary approach to hot pursuit within the framework of the existing doctrine, which itself has proved to be at once flexible and remarkably enduring.

THE ACHIEVEMENTS AND LIMITS OF ITALIAN ANTI-CORRUPTION LEGISLATION IN LIGHT OF THE INTERNATIONAL LEGAL FRAMEWORK

2016 ◽  
Vol 25 (1) ◽  
pp. 275-297
Author(s):  
Leonardo Borlini
Keyword(s):  
United Nations ◽  
Legal System ◽  
Legal Framework ◽  
The Past ◽  
Domestic Legislation ◽  
United Nations Convention ◽  
The United Nations ◽  
International Instruments ◽  
Italian Legislation

The past twenty years have seen unprecedented international initiatives aimed at combatting corrupt practices. Over the same period, Italy has ratified and implemented within its legal system five international anti-corruption treaties and amended its domestic legislation on different occasions. However, despite considerable efforts, corruption remains a serious challenge in the country. With particular reference to the aforementioned conventions, this article explores the main international rules on criminalisation and prevention of corruption in order to assess achievements and limits of the Italian legislation in light of such provisions. The article is thus divided into two main sections. The first considers the development of the regional and other anti-corruption initiatives which culminated in the United Nations Convention against Corruption; the second examines the main achievements and shortcomings of the Italian anti-corruption legislation in light of the outcomes of the monitoring procedures set by the international instruments ratified by Italy.

scholarly journals The concept of corruption risks

2020 ◽  
pp. 16-19
Author(s):  
Tetiana HOLOVACH
Keyword(s):  
Specific Area ◽  
Legal Framework ◽  
General Concept ◽  
State Budget ◽  
The Sustainable Development ◽  
Central Value ◽  
Starting Point ◽  
United Nations Convention ◽  
Definition Of ◽  
International Instruments

There are valid ratified international instruments at the global level in Ukraine, namely the Criminal Convention for the Suppression of Corruption, and the United Nations Convention against Corruption, the principles of which are fundamental for national law. Thus, according to articles 5 and 6 of the UN Convention against Corruption, member states must develop and implement effective coordinated anti-corruption policies. The problem of overcoming corruption in Ukraine is one of the most pressing. According to the Sustainable Development Strategies "Ukraine 2020", the main purpose of anti-corruption reform is to significantly reduce corruption in Ukraine, reduce the state budget and business losses due to corruption, and to increase Ukraine's position in international rankings, that assess the corruption level. The paper analyzes the main approaches of theorists and analysts to the definition of "corruption risks". The concepts of "corruption" and "corruption risks" are studied by scientists of various specialties, and some of them consider it necessary to supplement, expand, or conversely reduce, partially change the meaning of the concept, or link it to a specific area of officials activity. We are not against discussion and research, as we know in dialogue (in dispute) the truth is born. Simultaneously the diversity of scientific views of key concepts complicates the development of methods for identifying corruption risks. In the paper the position is expressed that bringing the concept of "corruption risks" to the current normative and legal framework can be a starting point, will accelerate and focus researches on the process of finding an effective mechanism (methodology) for their detection. In our opinion, general concept of activity risk has the central value for defining the special concept of "corruption risks". A specific feature for defining the concept of "corruption risks" is the general concept of "corruption". Guided by the approach, as "corruption risks" should be understood as normative and legal, organizational and other circumstances in the activity of persons, who perform organizational and administrative or administrative and economic functions, the implementation of which includes the possibility of committing corruption offenses.

Part I Marine Living Resources and Marine Biodiversity, 1 The FAO and Ocean Governance

2018 ◽  
Author(s):  
Henriksen Tore
Keyword(s):  
Policy Instruments ◽  
Marine Biodiversity ◽  
Marine Resources ◽  
Food And Agriculture ◽  
Ocean Governance ◽  
Food And Agriculture Organization ◽  
International Instruments ◽  
The Relationship ◽  
Conservation And Management

This chapter examines the role of the Food and Agriculture Organization of the United Nations (FAO) in ocean governance, not only in the conservation and management of living marine resources but also in other activities impacting fisheries management, such as regulating subsidies, the relationship with trade-related measures and ensuring compliance with fisheries legislation. After providing a background on FAO, including its membership and structure, the chapter discusses two of the organisation’s main functions: as a forum for developing international instruments, norm and standards; and collecting, analysing and disseminating information and statistics to its members. It then considers three concepts or principles either introduced by or detailed through the work of FAO before concluding with an overview of FAO legal and policy instruments.

Mining for humanity in the deep sea and outer space: The role of small states and international law in the extraterritorial expansion of extraction

2019 ◽  
Vol 32 (2) ◽  
pp. 255-274 ◽  
Author(s):  
Isabel Feichtner
Keyword(s):  
International Law ◽  
Deep Sea ◽  
Outer Space ◽  
Legal Framework ◽  
Small States ◽  
The Public ◽  
Outer Space Treaty ◽  
United Nations Convention ◽  
Private Value

AbstractThis article explores how Luxembourg and Nauru put their sovereignty to use in order to become global players in what can be considered extraterritorial landgrabs – the turning of the deep seabed and outer space into realms of commercial exploitation. It shows how the international legal framework puts states, however small, into a position to facilitate private enterprises’ endeavours to obtain extraterritorial exploitation rights. The article further enquires into the public interest justifications put forward by governments to legitimate their support for the expansion of private resource extraction into the deep sea and outer space. It finds that these justifications are very tenuous; that governments refer to vague notions of economic growth and benefits that may accrue from extraction to an undefined humanity while it remains unclear whether their own populations will obtain any concrete gains. Both case studies illustrate how states, on the basis of international law, facilitate the expansion of private value extraction, thus perverting the redistributive ambitions that may once have motivated the negotiations of the United Nations Convention on the Law of the Sea and the Outer Space Treaty.

The Relationship between unclos and imo Instruments

2017 ◽  
Vol 2 (2) ◽  
pp. 201-246
Author(s):  
Robert Beckman ◽  
Zhen Sun
Keyword(s):  
International Law ◽  
Environmental Performance ◽  
Legal Framework ◽  
Historical Background ◽  
Law Of The Sea ◽  
Customary International Law ◽  
International Shipping ◽  
United Nations Convention ◽  
The Relationship

The 1982 United Nations Convention on the Law of the Sea (unclos) is widely viewed as a “constitutive” instrument that provides a legal framework that is being filled in, rounded out and complemented by existing and subsequently enacted international agreements and customary international law. The International Maritime Organization (imo) is the preeminent international organization with competence to establish international rules and standards for the safety, security and environmental performance of international shipping. In other words, on matters relating to international shipping, unclos outlines the rights and obligations of States parties in various maritime zones that must be exercised and fulfilled through implementation instruments under the auspices of imo. This article will examine and discuss the relationship between unclos and imo instruments. First, it will provide an overview of imo, including its historical background, its mandates and structure, and the major instruments that are under its auspices. It will then look at the relationship between unclos and imo, and discuss how imo and its instruments have been incorporated into unclos. Furthermore, it will discuss the role of imo and its instruments in assisting States to exercise their rights and fulfil their obligations under unclos.

scholarly journals Multilateral Creeping Coastal State Jurisdiction and the BBNJ Negotiations

2021 ◽  
pp. 1-54
Author(s):  
Erik J. Molenaar
Keyword(s):  
International Law ◽  
Historical Development ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Coastal State ◽  
National Jurisdiction ◽  
Key Driver ◽  
United Nations Convention ◽  
The Law

Abstract The interrelated notions of adjacency and creeping coastal State jurisdiction have been a key driver in the historical development of the international law of the sea. Although the United Nations Convention on the Law of the Sea (LOSC) managed to bring an end to unilateral coastal State claims to new and broader maritime zones, creeping coastal State jurisdiction per se continued, both unilaterally and multilaterally. This article focuses on so-called multilateral creeping coastal State jurisdiction – which originates predominantly from intergovernmental bodies – and in particular on the role of this phenomenon in the currently ongoing negotiations on an agreement on marine biodiversity beyond national jurisdiction under the LOSC (BBNJ Agreement). The article contains a detailed analysis of the relevant provisions in the draft BBNJ Agreement of 18 November 2019 and subsequent text proposals by delegations, in light of the historical development of the law of the sea.

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