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Full-Text Articles in 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 …
Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen
Lessons From The Abyss: Reflections On Recent Fisheries Crises In Atlantic Canada And North Norway, Richard Apostle, Knut H. Mikalsen
Dalhousie Law Journal
This paper examines some of the basic economic, political and scientific assumptions we have utilized to organize fisheries activities in the North Atlantic. In particular, we discuss and criticize our commitments to corporate economic organization, centralized administrative structures, and conventional science. In addition, we raise questions about the obligation of our respective nation-states to the coastal communities which have most directly been affected by the social policies emanating from our institutional commitments.
The Groundfishery In Crisis: A Personal Snapshot, John G. Leefe
The Groundfishery In Crisis: A Personal Snapshot, John G. Leefe
Dalhousie Law Journal
The collapse of the Atlantic fishery has resulted in significant economic dislocation and is in likelihood, going to result in long-term social dislocation as well. The unalterable fact is that the fishery of the future is going to be dramatically different from that which we are now leaving. Hindsight is not valid currency nor is assessment of blame a worthwhile exercise. We can, if we so choose, learn from the past. If we select that path our descendants will applaud us. If we choose to be as blind in the future as we often have been in the past, they …
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) …
The Collapse Of The Northern Cod Fishery: A Historical Perspective, Graham D. Taylor
The Collapse Of The Northern Cod Fishery: A Historical Perspective, Graham D. Taylor
Dalhousie Law Journal
Although the collapse of Atlantic Canada's northern cod fishery may have been unexpected in terms of its rapidity, it is not an isolated or inexplicable event. This paper reviews the major factors affecting the cod fishery crisis (and other natural resource disasters of the 20th century) including: (1) the rapid development of technologies of resource exploitation; (2) the inadequacy of international measures to conserve and regulate the fishery; (3) limitations on scientific capabilities to manage the fishery; and (4) a cultural climate that emphasized economic growth above other values. The paper assesses the prospects for recovery of the fishery in …
On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy
On Shore Natural Resource Ownership: Atlantic Canada Perspective, J Mcevoy
Dalhousie Law Journal
Disputes over the ownership of resources off both the east and west coasts of Canada have recently been determined by the Supreme Court in favour of collective ownership by all Canadians, through federal Canada, rather than separate collective ownership by the adjacent citizens through their respective provinces.' These offshore disputes have involved state-province constitutional conflict and represent a higher plane application of common law concepts favouring individual ownership.