Non-flag state enforcement in high seas fisheries / Rosemary Gail Rayfuse.

Format:

Book

Author/Creator:

Rayfuse, Rosemary Gail.

Series:

Publications on ocean development ; v. 46.

Publications on ocean development ; v. 46

Language:

English

Subjects (All):

Fishery law and legislation.

Law of the sea.

Physical Description:

1 online resource (462 p.)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : M. Nijhoff, c2004.

Language Note:

English

Summary:

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that practice.

Contents:

Acknowledgements

Abbreviations

Introduction

Formulation of the Problem, The Objective of the Study, The Framework for the Enquiry, The Outline and Scope of the Study

Part I The Legal Basis for Non-Flag Enforcement in High Seas Fisheries

Chapter 1 The Failure of Flag State Jurisdiction

Chapter 2 Non-Flag Enforcement in the General Law of the Sea

Chapter 3 The Juridical Bases for Non-Flag Enforcement in High Seas Fisheries

Part II Practive within regional Fisheries Organisations

Chapter 4 Regional Fisheries Organisations Dealing with Anadromous Species

Chapter 5 Regional Fisheries Organisations Dealing with Highly Migratory Species

Chapter 6 Regional Fisheries Organisations Dealing with Straddling Fish Stocks

Chapter 7 Regional Fisheries Organisations Currently Being Established

Part III Analysis and Conclusions

Chapter 8 The Status of Non-Flag Enforcement in High Seas Fisheries

Chapter 9 Conclusion: The Future of Non-Flag Enforcement in High Seas Fisheries, Table of Treaties

Agreements and Declarations, Table of Legislation

Table of Cases

Bibliography

Index.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on print version record.

Includes bibliographical references (p. [389]-427) and index.

ISBN:

1-280-91525-0

9786610915255

90-474-0549-8

1-4294-0813-8

OCLC:

228172434

Publisher Number:

10.1163/9789047405498 DOI