1st Edition

International Fisheries Law Persistent and Emerging Challenges

    368 Pages
    by Routledge

    Offering a practical exploration of persistent and new challenges relating to contemporary international fisheries law, this book examines emerging and unresolved issues in international fisheries law.

    Covering a wide range of international legal aspects related to fisheries governance, it offers practical perspectives that go beyond the existing debates in this field. An expert team of contributors offer a comprehensive study of current challenges in fisheries governance, institutional law frameworks, procedural aspects and trade and enforcement issues. The book enriches fisheries law scholarship, outlining the capacity of international law to address challenges in international fisheries law and policy, highlighting the critical importance of fisheries to many States, coastal communities, and economies globally.

    The book’s chapters have been meticulously selected, focusing on policy and practical considerations. The result is a comprehensive edited collection covering the main persistent challenges in international fisheries law, making it an essential reading for all those interested in the conservation, integrated management, and sustainable use of living resources globally.

    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 Organizations

    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 Organizations

    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 van der Marel, 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 IV: 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 V: 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 VI: 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 VII: 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



    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 Senior Lecturer (Tenured Associate Professor) in International Law at Macquarie University Sydney. He is also Research Leader in Law of the Sea, British Institute of International & Comparative Law (BIICL), London.