Global fisheries regulations in the first half of the 1990s

International Journal of Marine and Coastal Law

Volumn 11, Issue 4, 1996, Pages 459-490

  Hey, Ellen ^a  

^a ERASMUS UNIVERSITY ROTTERDAM   (Netherlands)

Author keywords

[No Author keywords available]

Indexed keywords

FISHERY REGULATION; FISHERY REGULATIONS; INTERNATIONAL AGREEMENT; INTERNATIONAL AGREEMENTS; LAW OF THE SEA; UNCLOS;

EID: 0030423883     PISSN: 09273522     EISSN: 15718085     Source Type: Journal    
DOI: 10.1163/157180896X00276     Document Type: Article

References (47)

1. See sections C and D of Chapter 17, Agenda 21, reproduced in (1992) 22 Environmental Law and Policy 284-287.
2. FAO, Code of Conduct for Responsible Fisheries (FAO, Rome, 1995).
3. Reproduced in (1992) 22 Environmental Law and Policy 251.
4. For further information see Francoise Burhenne-Guilmin and Susan Lefkowitz, "The New Law of Biodiversity", (1992) 3 Yearbook of International Environmental Law, pp. 43-59.
5. For further information see William T. Burke, The New International Law Fisheries (Clarendon Press, Oxford, 1994).
6. For further information see Frida Maria Armas Pfirter, "Straddling Stocks and Highly Migratory Stocks Latin American Perspective and Legislation: New Perspectives in Light of Current International Negotiations", (1995) 26 Ocean Development and International Law 127-150;
7. Barbara Kwiatkowska, "The High Seas Fisheries Regime: At a Point of No Return?", (1993) 8 IJMCL 3, 327-358;
8. Evelyne Meltzer, "Global Overview of Straddling and Highly Migratory Fish Stocks: The Non-Sustainable Nature of High Seas Fisheries" (1995) 25 Ocean Development and International Law, pp. 255-344;
9. Edward L. Miles and William T. Burke, "Pressures on the United Nations Convention on the Law of the Sea of 1982 Arising from New Fisheries Conflicts: The Problem of Straddling Stocks", (1989) 20 Ocean Development and International Law 343-357.
10. The term "states" in this essay also refers to the European Community which for purposes of the conservation and management of fish stocks has competences similar to those of a state. For further information see R.R. Churchill, "EC Fisheries and an EZ-Easy!", (1992) 23 Ocean Development and International Law 145-163.
11. However, for some of the questions to which the position of the Community may give rise in public international law see Ellen Hey, "The European Community, the Law of the Sea and Accountability: An Every Changing and Challenging Relationship", in Malcolm Evans (ed.), Proceedings of the Conference on Community Law and International Law: An Ever Changing and Challenging Relationship, held at the University of Bristol, April 1995 (forthcoming).
12. For further information see Douglas M. Johnston, "Is Coastal State Fishery Management a Success or Not?", (1991) 22 Ocean Development and International Law 199-208;
13. William E. Schrank, "Extended Fisheries Jurisdiction", (1995) 19 Marine Policy 285-299.
14. For further information see R.R. Churchill, "Shared Fisheries Management in the European Community", (1993) 2 RECIEL, pp. 260-269;
15. by the same author "Fisheries in the European Community: Sustainable Development or Sustained Mismanagement" in Alastair Couper and Edgar Gold (eds.), The Marine Environment and Sustainable Development: Law, Policy and Science, (Law of the Sea Institute, 1993), pp. 140-177.
16. James Carr and Matthew Gianni, "High Seas Fisheries, Large Scale Drift Nets, and the Law of the Sea", in Jon M. Van Dyke, Durwood Zaelke and Grant Hewison (eds.), Freedom of the Seas in the 21st Century (Island Press, Washington D.C., 1993), pp. 272-291.
17. For further information see Ellen Hey, "A Healthy North Sea Ecosystem and a Healthy North Sea Fishery: Two Sides of the Same Regulation?", (1992) 23 Ocean Development and International Law 217-238.
18. Jutta Brunee and Stephen J. Toope, "Environmental Security and Freshwater Resources: A Case for International Ecosystem Law", (1994) 5 Yearbook of International Environmental Law, PP. 41-76.
19. Christine Chinkin, Third Parties in International Law (Clarendon Press, Oxford, 1993).
20. In general see: Ellen Hey, The Regime for the Exploitation of Transboundary Marine Fisheries Resources (Martinus Nijhoff Publishers, Dordrecht, 1989), esp. at pp. 45-79.
21. On the role of respectively hard and soft law in international environmental law see Patricia W. Birnie and Alan E. Boyle, International Law and the Environment (Clarendon Press, Oxford, 1992), pp. 9-31.
22. Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, 24 November 1989 and its Protocol, 20 October 1990, reproduced in (1990) 29 ILM 1449. For further information see Douglas M. Johnston, "The Driftnetting Problem in the Pacific Ocean: Legal Considerations and Diplomatic Options", (1990) 21 Ocean Development and International Law, p. 5.
23. UNGA Resolution 47/192, 22 December 1992, reproduced in (1993) 23 Environmental Policy and Law 44.
24. For reports on the work of the Conference see Environmental Policy and Law, Vol. 23, 1993, pp. 144-145, pp. 238-240; Vol. 24, 1994, pp. 142-144, pp. 297-298; Vol. 25. 1995, pp. 178-180, pp. 294-295.
25. Information obtained on 14 August 1996 from http://www.un.org/Depts/ Treaty/bible/Part-I-E/XXI7.html.
26. The Code of Conduct, however, finds its origin in the work of the FAO Committee on Fisheries which in 1991 called for the development of new concepts which would lead to responsible and sustained fisheries and in paragraph 1 of the 1992 Declaration of Cancun which specifically requested the FAO to prepare an international Code of Conduct on the subject (Preface to the Code of Conduct). The Declaration of Cancun was reproduced in Annex 2 of the Papers presented at the Technical Consultation on High Seas Fishing, FAO Fisheries Report No. 484, Suppl. (Rome, FAO, 1992), p. 70.
27. For further information on the background to the Code of Conduct see Nicola Bonucci, "Towards an International Code of Conduct for Responsible Fishing", (1993) 2 RECIEL, pp. 245-251.
28. William T. Burke, Mark Freeberg and Edward L. Miles, "United Nations Resolutions on Driftnet Fishing: An Unsustainable Precedent for High Seas and Coastal Fisheries Management", (1994) 25 Ocean Development and International Law 127-186 (presenting the argument that it has not been shown that drift-net fishing indeed has the alleged effects and that if it does other methods of fishing, both on the high seas and in areas of coastal state jurisdiction, may have similar effects and should be subjected to similar regulations).
29. For a range of opinions on the topic see: William T. Burke, "Unregulated High Seas Fishing and Ocean Governance" in Van Dyke, Zaelke and Hewison (eds.), above note 16, pp. 235-271, at pp. 255-261;
30. Carr and Gianni, above note 16; Catherine Floit, "Reconsidering Freedom of the High Seas: Protection of Living Marine Resources on the High Seas", in Van Dyke, Zaelke and Hewison (eds.), above note 16, pp. 310-326;
31. Kazuo Sumi, "The International Legal Issues Concerning the Use of Drift Nets, with Special Emphasis on Japanese Practices and Responses", in Van Dyke, Zaelke and Hewison (eds.), above note 16, pp. 292-309.
32. See Oscar Schachter, International Law in Theory and Practice (Martinus Nijhoff Publishers, Dordrecht, 1991), pp. 85-94.
33. For problems and possible solutions associated with the reflagging of fishing vessels see Patricia Birnie, "Reflagging Fishing Vessels on the High Seas", (1993) 2 RECIEL, pp. 270-276.
34. Arts. 42(l)(b), 53(8), 211(2)(5), 217(1), 218(1) and 220, LOS Convention. For information on this discussion see: Badislav Vukas, "Generally Accepted International Rules and Standards" in Alfred H.A. Soons (ed.), Implementation of the Law of the Sea Convention through International Institutions (The Law of the Sea Institute, Hawaii, 1990), pp. 405-421
35. and session III, Environmental Protection in Archipelagic Seas and International Straits, to be published in the proceedings of the 29th Annual Conference of the Law of the Sea Institute, Bali, Indonesia, 19-22 June 1995. Art. 9, Compliance Agreement.
36. For further information see R.R. Churchill and A.V. Lowe, The Law of the Sea (Manchester University Press, Manchester, 1991), 330-342;
37. Louis B. Sohn, Settlement of Law of the Sea Disputes", (1995) 10 IJMCL 205-217.
38. Art. 4(7), UN Convention on Climate Change, reproduced in (1992) 22 Environmental Policy and Law, pp. 258.
39. For further information see Daniel Bodansky, "Managing Climate Change", (1992) 3 Yearbook of International Environmental Law, pp. 60-74.
40. See Hugo Nijkamp and Andre Nollkaemper, "Legal Protection of Small Cetaceans in the Face of Scientific Uncertainty: An Analysis of the ASCOBAN Agreement", Georgetown International Environmental Law Review 1996, forthcoming.
41. Art. 21(17), Straddling Stocks Agreement. For information on the problem of stateless fishing vessels see Ted L. McDorman, "Stateless Fishing Vessels, International Law and the UN High Seas Fisheries Conference", (1994) 25 Journal of Maritime Law and Commerce, pp. 531-555.
42. Annex III, Report of the Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, 1 Yearbook of International Environmental Law 1990, p. 630.
43. For further information on these types of procedures see Thomas Gehring, "International Environmental Regimes: Dynamic Sectoral Legal Systems", (1990) 1 Yearbook of International Environmental Law, pp. 35-56, esp. 50-54;
44. Marti Koskenniemi, "Breach of Treaty or Non-Compliance? Reflections on the Enforcement of the Montreal Protocol", (1992) 3 Yearbook of International Environmental Law, pp. 123-162.
45. Tuna Dolphin Controversy, the World Trade Organization, and the Liberal Project to Reconceptualize International Law" (1994), 5 Yearbook of International Environmental Law pp. 1-40;
46. Friedl Weiss, "The Second Tuna GATT Panel Report", (1995) 8 Leiden Journal of International Law, 135-150. However, it is not at all unthinkable that subsidies to the fishing sector would also be a matter brought before a WTO-Panel procedure.
47. A.P. Daggett, "The Regulation of Maritime Fisheries by Treaty", (1934) 28 American Journal of International Law 693-717, p. 717.