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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 Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
The Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
Golden Gate University Law Review
This article briefly examines the world fish crisis and the factors that drive overuse of ocean resources. It identifies some of the major trends in ocean fishing that have led to over-exploitation and briefly reviews the weaknesses of international fishery arrangements that led to WSSD. It describes and evaluates the outcomes of the WSSD and suggests some measures that can and must be taken to the address the crisis facing world ocean fish stocks.
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 …
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Golden Gate University Law Review
This article looks at the efforts to control fishing by vessels flying flags of convenience from a global, regional, and national perspective. The international community has struggled for decades with notions of flag State control over fishing vessels and what kind of "genuine link" ought to exist between a vessel and its State of registry. Global instruments negotiated in the 1990's looked for ways to elaborate the broad principles laid out in international law up until that time. Regional fisheries management organizations stepped in and developed a broad suite of tools for combating IUU fishing in the fisheries under their …
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, …
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.