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Full-Text Articles in Law
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
Golden Gate University Law Review
This article explores the concerns raised by conservation groups and evaluates the concept of a WOPT and its feasibility in light of international law of the sea regimes. Section I outlines the main elements of Orbach's vision for the enclosure of the world ocean, and discusses the concept of a WOPT as embraced by a growing constituency of conservation groups worldwide. Section II provides a summary review of the origin and development of the freedom of fishing as one of the fundamental freedoms of the high seas, with its crystallization under international law through the work of Hugo Grotius, its …
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
Golden Gate University Law Review
This paper provides a brief overview of the fisheries subsidies issue and its history in the WTO. It then reviews the key elements of the United States' position in the WTO negotiations and identifies some of the principal issues WTO Members will have to address in considering improved disciplines on fisheries subsidies.
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
Golden Gate University Law Review
This article examines whether, in the face of lax or nonexistent domestic and regional management, the Convention on International Trade in Endangered Species and Wild Fauna and Flora ("CITES") can encourage and complement shark conservation efforts around the world. In particular, it focuses on spiny dogfish as a case study of concern. Low reproductive potential, well-documented depletion and persistent markets driving expanding international trade make spiny dogfish an excellent candidate for CITES attention. As discussed in Section II, CITES does not have an extensive history of regulating trade in marine fish species, and yet has given special attention to sharks …
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
Golden Gate University Law Review
This paper discusses some of the relevant principles and substantive obligations that require elucidation in controversies over highly migratory fisheries, with a particular focus on some of the legal issues relevant in the Swordfish case before the ITLOS: The discussion first focuses on the law on high seas fisheries and particularly on the obligations to enact and enforce conservation measures, to produce and share information, and to co-operate in conservation. Subsequently, a focus on international environmental law allows further clarification on the relevance of the principle of common but differentiated responsibilities, the ecosystem approach to the conservation of marine biodiversity, …