The Burden of Proof in Natural Resources Legislation: Some Critical Issues for Fisheries LawThis Legislative Study examines the use of legal devices to ease or reverse the burden of proof, traditionally borne by the prosecution, in order to facilitate enforcement of fisheries legislation. This is related to the development of the precautionary principle in environmental law, which in a sense reverses the onus of determining whether action that could affect the environment should go forward, and to the enforcement problems of extended fisheries jurisdiction. The use and limits of presumptions, strict liability and broadly defined offences are analysed in light of national constitutional guarantees and of international law. |
Contents
Introduction | 1 |
Development of Precautionary Principle in Environmental Law | 3 |
The use of Evidentiary Rules in Fisheries Legislation | 6 |
Copyright | |
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Common terms and phrases
1982 UN Convention absolute liability according to law accused Agricultural Article boat breach burden of proof committed common law compendium of fisheries concerning the non-navigational convicted criminal law criminal offence criminal procedure deemed defendant to prove developing E F S environment European evidentiary rules fair trial FAO Legislative Studies Fisheries Act fisheries laws Fisheries Legislation Indian Foreign Fishing Vessels foreign vessels Forest Freestone Hong Kong human rights ibid illegal imposes imprisonment innocent until proved international law issue jurisdiction jurisprudence legal systems Legislation Indian Ocean Maastricht Treaty mens rea natural resources legislation North Sea NZLR onus of proof Ordinance Papua New Guinea person charged pollution possession precautionary approach precautionary principle presumed innocent presumption of accountability presumption of innocence proof is passed prosecution protection proved guilty according Regional compendium regulations regulatory offences relation reverse onus reversing the burden rights and freedoms strict liability traditional violation Water law Wholesale Travel Group