Governing High Seas Fisheries: The Interplay of Global and Regional Regimes

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Olav Schram Stokke
Oxford University Press, 2001 - Law - 365 pages
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The legal and political difficulties of managing fish stocks that straddle both national waters and the high seas were not abolished by the introduction of exclusive economic zones. Here leading scholars of international law and international relations explain the wave of bitter disputes thatarose in the 1990s over such straddling stocks. They show how regional responses to those challenges shaped the negotiation of a 1995 UN Fish Stocks Agreement and helped strengthen the global high seas fisheries regime. Keen attention is paid to whether and how evolving regimes meet the scientific,regulatory and compliance-related tasks of effective management - and the significance of regime interplay in this regard.Certain developments in international fisheries law, particularly crucial to effective management of high seas fisheries, are examined: reconceptualization of the freedom of the high seas; legal measures to control the harvesting of vessels flying flags-of-convenience; the dispute settlementapparatus; and emerging procedures for compliance-control activities by others than the flag state. These global developments are related to six regional case studies featuring management of straddling stocks in the Grand Banks off Canada, the Southern Ocean, the Doughnut Hole of the Bering Sea, thePeanut Hole of the Okhotsk Sea, the Loophole of the Barents Sea, and the Banana Hole of the Northeast Atlantic.
 

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Contents

overfished and undermanaged
3
From Freedom
23
New legal perspectives for conservation
29
one area of biological unity
35
The Emergence
53
Problems of Compulsory Jurisdiction and the Settlement
91
Binding compulsory settlement
97
Settlement of disputes under the Fish Stocks Agreement
107
The turbot issue
213
the 1995 CanadianEC Agreed Minute
216
Implications for international fisheries management
219
Conclusion
226
A Multiplicity of Instruments and Regime Linkages But How Effective a Management?
235
Preexisting instruments
237
The herring arrangement
241
The redfish arrangement
255

Potential
121
Enforcement and regime linkages
131
Regional
143
Negotiation of the Convention
151
Global implications
166
Conclusion
172
De Facto Extension
179
The situation and significance of the Sea of Okhotsk fisheries
180
Regulation of fisheries in the Sea of Okhotsk
182
The Sea of Okhotsk fishery and the Fish Stocks Agreement
187
A legal assessment of the arguments of the Russian Federation
188
Domestic factors explaining Russian policies
190
Conclusion
191
On the Borderline? Canadian Activism in the Grand Banks
207
Fisheries management in the Northwest Atlantic
208
The mackerel arrangement
262
Conclusion
265
The Loophole of the Barents Sea Fisheries Regime
273
The effect of the Loophole dispute on the Fish Stocks Conference
279
The Fish Stocks Agreement and governance of the Loophole fisheries
284
Conclusion
292
CCAMLRs toothhsh conservation measures
309
Unregulated fishing the high seas and interregime
316
CCAMLR and the future of toothfish management
322
Conclusions
329
Regime interplay and effective governance
345
Concluding remarks
353
Index
361
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About the author (2001)

Olav Schram Stokke is Research Director at the Fridtjof Nansen Institute. A political scientist from the University of Oslo, Stokke joined the Polar programme at the Institute in 1987, having previously been affiliated with the Norwegian Scool of Fisheries Science at the University ofTromsoe.

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