Fisheries war for the halibut

Environmental Policy and Law

Volumn 25, Issue 4-5, 1995, Pages 223-229

  Lugten, G L ^a  

^a UNIVERSITY OF TASMANIA   (Australia)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84974746820     PISSN: 0378777X     EISSN: None     Source Type: Journal    
DOI: 10.3233/EPL-1995-254-503     Document Type: Article

References (32)

1. Press Line on the Arrest of the Spanish Fishing vessel Estai, 9th March, 1995 (2130). Material made available courtesy of the Canadian High Commission, Canberra, Australia.
2. Australian Associated Press 10th March, 1995.
3. Australian Associated Press 10th March, 1995 notes that European Union ambassadors decided at an emergency meeting to order the European Commission to draw up a list of possible retaliatory actions.
4. Australian Associated Press, 11th March, 1995
5. Australian Associated Press, 13th March, 1995, notes that the Spanish Foreign Minister Javier Solana had told Canadian Ambassador David Wright, that the Madrid government was planning to take the dispute before the International Court of Justice
6. Churchill R and Lowe A, The Law of the Sea,(Manchester, 1985, Manchester University Press), p.152.
7. Virginius,(1873) Moore, Digest, II, 895.
8. O Connell D., The International Law of the Sea, Volume 1, (New York, 1982)p.l55f
9. Loring D. "The United States-Peruvian 'Fisheries Dispute" in (1970-71)23 Stanford Law Review 391
10. Butler W., "Some Recent Developments in Soviet Maritime Law in Alexander L., The Law of the Sea: The United Nations and Ocean Management (Kingston, University of Rhode Island, 1971) at 376.
11. Tsamenyi B.,"The South Pacific States, the USA, and Sovereignty over Highly Migratory Species" in (1986) Q Marine Policy 29.
12. Kwiatkowska B., The Two Hundred Mile Exclusive Economic Zone in the New Law of the Sea, (Martinus Nijhoff Publishers, Dordrecht, 1989) 80-82. '
13. Press Lines on International Law 15th March, 1995. Material made available courtesy of the Canadian High Commission, Canberra, Australia, p.2.
14. Oda S., "Fisheries Under the United Nations Convention on the Law of the Sea" in (1983) 77 American Journal of International Law 739, 751-754. The author is critical of terms such as "co-operation of States(Article 118); how the international community is to exercise management and conservation of living resources (Article 118); the incompleteness of Article 119(1) provisions on determination of the allowable catch; what is meant by, and how to ensure that, conservation procedures "do not discriminate" against fishers of any State in Article 119(3), what is meant by and how to ensure the "conservation and management of marine mammals".
15. This Principle was inherited from the predecessor of NAFO, the International Commission for Northwest Atlantic Fisheries (ICNAF) established in1949. Under the ICNAF Convention, jurisdiction extended to the Atlantic waters beyond the territorial seas of the coastal States. Barbara Kwiatkowska makes the point that the NAFO Scientific Council is responsible for the whole area of the Northwest Atlantic and may provide scientific advice to a coastal State or Fisheries Commission, but only upon request. See Kwiatkowska B, supra, fn.15, pp.58 - 95.
16. Hey E., The Regime for the Exploitation of Transboundary Marine Fisheries Resources,(Mar-tinus Nijhoff Publishers, Dordrecht, 1989) p. 190.
17. Hey E., The Regime for the Exploitation of Transboundary Marine Fisheries Resources, (Mar-tinus Nijhoff Publishers, Dordrecht, 1989) p. 190
18. Press Lines on International Law 15th March, 1995, p.3. Material made available courtesy of the Canadian High Commission, Canberra, Australia.
19. Press Lines on International Law 15th March, 1995, p.3. Material made available courtesy of the Canadian High Commission, Canberra, Australia.
20. Package for the Enforcement Action Against European Union (Ell) vessels fishing Greenland Halibut (Turbot) 9th March, 1995. p.2.
21. Gwilliam H. and Lugten G. "Norway and the European Union: Fishing for Compliments" in (1994) 24 Environmental Policy and Law254.
22. Churchill R."Shared Fisheries Management in the European Community" in RECEIL, Volume 2, No.3, pp, 260-269. Note also, Commission of the E.C. Report 1991 from the Commission to the Council and the European Parliament on the Common Fisheries Policy, SEC(91) 2288 final; as well as U.K House of Lords Select Committee on the European Communities, Review of the Common Fisheries Policy HL Paper 9 (1992-3).
23. Undersized Fish Filled Trawler s Holds: Tobin Inf of ax by The Globe and Mail, Tuesday 14th March, 1995. Material made available courtesy of the Canadian High Commission, Canberra, Australia.
24. Gwilliam H. and Lugten G., supra, fn.40, p. 256.
25. Gwilliam H. and Lugten G."Captain s Books Cooked, Tobin Announces" Infofax by The Globe and Mail, Wednesday 15th March, 1995. Material made available courtesy of the Canadian High Commission, Canberra, Australia
26. Farrell N.,"Spanish Fury Over Canadian Piracy" in The Sunday Telegraph 19th March, 1995. The article reports the spokesperson for the Vigo Ship Owners Co-operative, Jose Suarez-Llanos claimed that, "There have been allegations of Spanish boats having such holds, but the only one I know of for sure was a Spanish vessel flying the British flag.
27. Farrell N. Farrell quotes Fernando Domont, spokesperson for the provincial fisheries department: "The provincial government s fisheries department is very proud of its brochure listing the vital statistics of the inspectorate: fourteen vessels with crews of three; eight craft with crews of two; thirty all-terrain vehicles; a staff of one hundred and six.
28. Press Lines on the Arrest of the Spanish Fishing Vessel Estai, Material made available courtesy of the Canadian High Commission, Canberra, Australia.
29. Q and A Package for the Enforcement Action Against European Union (FU) vessels fishing Greenland Halibut (Turbot) 9th March, 1995, p.2.
30. United Nations General Assembly A/Conf 164/22, 23rd August, 1994.(Prepared by the Chairperson of the Conference, Satya Nandan). Material made available courtesy of Kerry Truelove, Commonwealth Department of Primary Industries and Energy, Canberra, Australia.
31. Internet,"Canada Working Towards a Binding Convention at UN High Seas Fishing Conference" From: Fisheries Social Science Network, 28th March, 1995.
32. Food and Agricultural Organisation of the United Nations Draft Code of Conduct for Responsible Fisheries, COFI/95I2 November, 1994.