Administrative Sanctions in Fisheries Law

Administrative Sanctions in Fisheries Law

Author: Philippe Cacaud

Publisher: Food & Agriculture Org.

Published: 2003

Total Pages: 72

ISBN-13: 9789251050347

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Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.


Regulation and Compliance in the Atlantic Fisheries

Regulation and Compliance in the Atlantic Fisheries

Author: Stig S. Gezelius

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 237

ISBN-13: 9401000514

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This is a book about fishermen's reasons for obeying fisheries law. The fish harvesting industry has become subject to state interference to an increasing extent over the past twenty years. As natural resources become scarce and subsequent fisheries regulations abound, the question of law-abidingness is brought to the public agenda. However, there is still little empirical data as regards the dynamics of compliance in this field, and this book aims to meet a demand for in-depth knowledge. The cases studied can be regarded as instances of economies dependent on the harvesting of natural resources for both household and the market, and the study aims to contribute to the building of more adequate theory on the dynamics of compliance in such economies. However, focusing on a specific type of setting seldom constitutes a safe escape route for getting away from more pervasive sociological questions, and it certainly does not in this case. As any attempt to explain social phenomena, this study is faced with the fundamental sociological question of how the acts of individuals can best be understood. The question concerns the interface between the individual and the collectivity – between collective morality and self-interest. It thus deals with classical sociological issues such as the nature and regulatory capacity of group norms and sanctions, and the forms and roles of rationality and strategic action.


Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Jurisdiction in International Fisheries Law. Evolving Trends and New Challenges

Author: SIMONE VEZZANI

Publisher: CEDAM

Published: 2020-07-24

Total Pages: 527

ISBN-13: 8813375581

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Through the ages, international fisheries law has been characterized by a dialectic between flag States and coastal States. The institution of the Exclusive Economic Zone marked a milestone in the seaward extension of coastal States’ powers. However, it has not brought the expected results, and coastal States have to a great extent failed to act as “trustees” of global fisheries. An emerging role in the fight against Illegal, Unreported and Unregulated fishing has been played by States in their quality as States of active nationality, port States, and market States. Multiple jurisdictional claims raise a number of complexities relating, inter alia, to double criminality, or respect for legality and ne bis in idem principles in the case of prosecution of fisheries crimes. This book investigates the extent and nature of State jurisdiction (prescriptive, adjudicative and enforcement) in fisheries matters, and related problems of coordination. It also discusses the role of Regional Fisheries Management Organizations in regulating fishing activities in different marine areas and in delimiting the States’ respective spheres of power. The entire investigation is functional to critically assessing to what extent the emergence of a new jurisdictional balance pursues the interests of States acting uti singuli, or the general interests of the international community as a whole.


Promoting Sustainable Fisheries

Promoting Sustainable Fisheries

Author: Mary Ann E. Palma

Publisher: BRILL

Published: 2010

Total Pages: 368

ISBN-13: 900417575X

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Analyses the concept of illegal, unreported and unregulated fishing and the international instruments which provide the legal and policy framework to combat IUU fishing. Palma, Tsamenyi and Edeson, University of Wollongong, Australia.


Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

Implementation of the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

Author: Food and Agriculture Organization of the United Nations

Publisher: Food & Agriculture Org.

Published: 2002

Total Pages: 140

ISBN-13: 9789251047569

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These guidelines are addressed to decision-makers and policy-makers associated with the management of fisheries, but they should also be of interest to fishing industries and other parties. This Plan of Action is consistent with the FAO Code of Conduct for Responsible Fisheries, as well as with the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the 1995 Agreement for the Implementation of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other applicable rules of international law. The guidelines are intended to provide general advice and a framework for development and implementation of national plans of action.