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Environmental Law

Chad J McGuire

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Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …

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Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire Jan 2003

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.

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