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Full-Text Articles in Natural Resources Law
Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston
Stresses And Mind-Sets In Fishery Management, Douglas M. Johnston
Dalhousie Law Journal
This paper reviews the evolution of fishery management as a field of crossdisciplinary inquiry and suggests that each participating discipline tends to be attracted to its own range of explanatory theories and to its own stock of relevant data. Impacts of fishery failure are experienced at different levels of society, each suggesting a different approach to remedial action. The fishery collapse in Atlantic Canada should be studied from a comparative perspective in order to gather ideas on how to cope more effectively with the socio-economic consequences. Above all, however, the disaster should be seen as an unprecedented challenge for the …
Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander
Behind The Cod Curtain: A Perspective On The Political Economy Of The Atlantic Groundfish Fishery, D Leslie Burke, Leo Brander
Dalhousie Law Journal
This article addresses the collapse of Atlantic groundfish stocks in terms of its significant social and economic impact. How had so many people become dependent on this modest resource? What circumstances contributed to creating a hidden underemployed class in the fishing industry? The analysis adds to the thesis that public support of unproductive industry and income support systems underlie the current crisis, creating barriers to a viable future for the Atlantic Fishery. The authors draw on comparisons with the economy of the former Soviet Union where central planning of an economy based on state owned common property failed to harness …
Preface, Dawn A. Russell, Moira L. Mcconnell
Preface, Dawn A. Russell, Moira L. Mcconnell
Dalhousie Law Journal
As guest editors we are privileged to have the opportunity to create this special edition of the Dalhousie Law Journal. It is special for a number of reasons. First, the contributions reflect a specific decision on our part to explore the nature and meaning of events being experienced in Atlantic Canada's fishery from a variety of perspectives, of which law, traditionally privileged in law journals for its explanation of events, is perhaps the least important. Secondly the authors, many of whom are people who would not ordinarily write for legal publications, were given express carte blanche to contribute "think pieces" …
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Constructing' Fisheries Management: A Values Perspective, David Ralph Matthews
Dalhousie Law Journal
This paper applies a "social constructionist" position to an understanding of the nature of fisheries management policy. It argues that both the way in which we view "nature" and the way in which we view such natural resources of the fishery are "socially constructed" in terms of particular value orientations and the interests that these represent. In particular, it examines the value orientations related to the social construction of the fishery as a biological, social, or economic resource, as well as the social constructions involved in regarding the fishery as either common property or a common heritage. It also argues …
The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles
The Atlantic Canadian Groundfishery: Roots Of A Collapse, Anthony T. Charles
Dalhousie Law Journal
While many explanations have been proposed for the 1990s Atlantic Canadian groundfishery collapse-ranging from "natural causes" to over-fishing and damaging technologies, to failures of fishery management and science-this paper examines the possibility that underlying these, at the roots of the collapse, liae set of entrenched attitudes that have driven fishery decision making. These attitudes, about the natural world, about management and about how the fishery should function, became influential especially where they prevailed at the institutional level, as the accepted wisdom among the dominant players in government and the fishery. Four sets of conservation-related attitudes are considered, dealing with (1) …
To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood
To Manage Quotas Or Manage Fisheries? The Root Cause Of Mismanagement Of Canada's Groundfish Fishery, Peter Underwood
Dalhousie Law Journal
The collapse of the Atlantic groundfish fishery is the result of a complex combination of factors including scientific uncertainties, overfishing, poor results in capacity control, and ecological conditions. It is argued that the root cause of the collapse is that the foundation of groundfish management since 1977 has been single species quotas rather than a sound set of principles for fisheries resource husbandry. The implications of this for science, management, and the fish are discussed and a principle based management structure is proposed.