1st Edition
International Fisheries Law Persistent and Emerging Challenges
PART I: Introduction
1. International Fisheries Law: Persistent and Emerging Challenges
Bjørn Kunoy, Tomas Heidar, and Constantinos Yiallourides
PART II: Governance and Institutional Challenges in Regional Fisheries Management Organisations
2. Decolonizing RFMOs: The Case of the United Kingdom’s IOTC Membership on Behalf of the Chagos Archipelago
Valentin J. Schatz
3. Overlapping Geographical Mandates of RFMOs
Erik J. Molenaar
4. Challenges in RFMO Compliance Review Mechanisms
Adriana Fabra
PART III: Dispute Settlement Mechanisms in Regional Fisheries Management Organisations
5. Dispute Settlement Mechanisms in RFMOS and Under UNCLOS
Samuel Wordsworth KC
6. Emerging Dispute Settlement Principles and Practices in RFMOs
James Harrison
7. The Objection Procedure in the South Pacific Regional Fisheries Management Organisation
Osvaldo Urrutia
PART IV: Combating Illegal, Unreported and Unregulated (IUU) Fishing
8. IUU Fishing Vessel Listing Cooperation and Current RFMO Practices
Eva R. van der Marel and Mercedes Rosello
9. Indonesian Enforcement Measures Against IUU Fishing Vessels
Dita Liliansa
10. Addressing Transshipment as Part of an Integrated Scheme of Monitoring Measures
Meggan Engelke-Ros
PART V: Substantive and Procedural Aspects in Fisheries Disputes
11. Limitations on Compulsory Settlement of Disputes with Regard to Fisheries in the EEZ Arising from Article 297(3)(a) of UNCLOS
Ben Juratowitch KC
12. Compulsory Conciliation Proceedings Regarding Disputes on Conservation and Management of Fish Stocks
Alina Miron
13. Jurisdictional Issues in the Settlement of Disputes Concerning Straddling Fish Stocks Under UNCLOS
Yoshifumi Tanaka
14. The Scope of Obligations in Article 63(1) of UNCLOS on the Management of Shared Fish Stocks
Constantinos Yiallourides
15. Straddling and Highly Migratory Fish Stocks: Compatibility Requirement and Scope of Rights of High Seas Fishing Nations
Sean D. Murphy
PART VI: Trade-Related Measures and Fisheries
16. WTO Trade Disputes Concerning Marine Living Resources
Valerie Hughes
17. The WTO Agreement on Fisheries Subsidies and IUU Fishing
Clarisse Morgan
18. Regulatory Space for Measures Affecting Trade in Marine Resources
Iain Sandford and Ariane Vincent
19. Unilateral Harmonization and the Implementation of the Import Provisions of the U.S. Marine Mammal Protection Act
Kathleen Claussen
PART VII: The Biodiversity Beyond National Jurisdiction Process (BBNJ Process) and Implications for Fisheries Management
20. The Interface Between the BBNJ Agreement and RFMOs
Daniela Diz
21. The Impact of the BBNJ Agreement on Regional Fisheries Management Organisations or Arrangements
Kentaro Nishimoto
PART VIII: Climate Change and Fisheries
22. International Fisheries Law and the Anthropocene: A Challenge to Foundational Narratives
Ethan Beringen
23. Climate Change and Management of Shared and Straddling Fish Stocks: Nothing (New) To See Here, Folks?
Andrew Serdy
Biography
Bjørn Kunoy is Professor of International Law at the University of the Faroe Islands. He is also Special Legal Adviser, Ministry of Foreign Affairs & Trade, Faroe Islands.
Tomas Heidar is President of the International Tribunal for the Law of the Sea and Director of the Law of the Sea Institute of Iceland.
Constantinos Yiallourides is Associate Professor (Senior Lecturer) in International Law at Macquarie University, Sydney. He is also Research Leader in Law of the Sea at the British Institute of International & Comparative Law (BIICL), London.
