Internet Guide to International Fisheries Law

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International Advisory Panel
Profiles and Publications

Transform Aqorau

Ocean Governance in the South Pacific: Challenges and Constraints in the Implementation of the Law of the Sea [Word doc.]
Paper presented at the 2001 Attorney General's Conference in Fiji.

Sustainable management and development of Solomon Islands fishery resources: new directions in fisheries policy [pdf file]
(2001) 16 Pacific Economic Bulletin 120-126

Obligations to Protect Marine Ecosystems Under International Conventions and Other Legal Instruments  [pdf file]
Paper presented at the Reykjavik Conference on Responsible Fisheries in the Marine Ecosystem October 2001

IUU Fishing and Considerations for Developing Countries [pdf; also in Word]
Paper presented at the Sydney Expert Consultation on IUU fishing (May 2000).
  
       

Eugene H. Buck

Selected Congressional Research Service Reports:

Management of US Fisheries for Highly Migratory Species (2000)

Oceans and Coastal Resources: A Briefing Book (1997)

Dolphin Protection and Tuna Seining (1997)

Agreements to Promote Fishery Conservation and Management in International Waters (1996)

Atlantic Bluefin Tuna: International Management of a Shared Resource (1995)

United Nations Convention on the Law of the Sea: Living Resource Provisions (1994)    

 

William T Burke

Proposed South Pacific Whale Sanctuary
OceanLaw On-line Paper No. 4, April 2001

Abstract: In July the IWC will meet in London for it's 53rd Annual Meeting. Among the items to be considered is a proposal by Australia and New Zealand to establish a vast whale sanctuary in the South Pacific. A similar proposal was tabled last year, but failed to gain the necessary three-quarters vote. In this article, a leading writer on marine issues and the law of the sea expresses some personal comments on the legal issues concerning the controversial proposal.   

Politics Trumps Science: The International Regulation of Whaling

Abstract: This is an on-line seminar presentation which includes brief description of the basic global treaty on the subject, the International Convention for the Regulation of Whaling, centering on objectives and purposes, provisions for regulation, types of regulation, scientific research and amendments. The general trends in whaling regulation over the past 50 years are also discussed, with primary attention given to the period since 1975. The outstanding issues confronting the Commission are analyzed: the differences between the objectives and purposes of the Convention and the positions of the majority of the Commission members and the factors that account for this; the role of science and politics in whaling regulation; the moratorium and the Revised Management Scheme;  use of whale sanctuaries; and prospects for the future. The page includes a transcript of the seminar and movie files of the actual seminar.

Memorandum of Opinion on the Legality of the Designation of the Southern Ocean Sanctuary by the International Whaling Commission
Paper presented by Japan to the 1995 IWC meeting, also published in (1996) 27 Ocean Development and International Law 315 (reproduced on the High North Alliance website)

Whaling and International Law
in Pétursdóttir, G., (ed.), Whaling in the North Atlantic - Economic and Political Perspectives, (University of Iceland, 1997) (reproduced on the High North Alliance website)
  

Other selected publications

The New International Law of the Sea for Fisheries: UNCLOS 1982 and Beyond, (Clarendon Press, 1994)

The Public Order of the Oceans, (Yale University Press, 1962, revised 1987) (with M. S. McDougal)

Commentary on the 1982 Convention on the Law of the Sea, Vol. II, 491-795 (contributed initial draft), (Satya Nandan and Shabtai Rosenne, eds.) (Kluwer Law International, 1993)

The Importance of UNCLOS and its Future Development (1996) 27 Ocean Development and International Law 1

The United Nations Resolutions on Driftnet Fishing: An Unsustainable Precedent for High Seas and Coastal Fisheries Management (with Mark Freeberg and E L Miles) (1994) 25 Ocean Development and International Law 127

Pressures on the United Nations Convention on the Law of the Sea of 1982 arising from New Fisheries Conflicts: The Problem of Straddling Stocks, (with E L Miles) (1993) 20 Ocean Development and International Law 343

 

Wil Burns

From the Harpoon to the Heat: Climate Change and the International Whaling Commission in the 21st Century (in pdf format)

Introduction: The 50th Meeting of the parties to the International Convention for the Regulation of Whaling (ICRW), held in Oman in May 1998, may ultimately be recognized as a watershed in the history of the International Whaling Commission’s (IWC) efforts to manage and conserve cetacean species. While the primary focus of most meetings of the IWC during its first half century was on regulating the harvesting of regulated species, IWC50 was dominated by questions of how to confront perhaps the gravest long-term threat to cetaceans: environmental change. As identified by the IWC’s Scientific Committee, the term "environmental change" encompasses the following: climate change; chemical pollution, physical and biological habitat degradation; effects of fisheries; ozone depletion and UV-B radiation; Arctic issues; disease and mortality events; and the impact of noise. The purpose of this article will be to assess the implications of one of these threats, climate change, for the viability of cetacean species, and the role of the IWC in seeking to ameliorate climate change impacts. In this pursuit, I will: 1. Discuss the potential ramifications of climate change for cetacean species; 2. Outline the history of the IWC’s treatment of climate change issues; and 3. Assess the viability of the IWC’s strategies to protect cetaceans from climate change in the next century and the role of other institutions in this context.   

The Possible Impacts of Climate Change on Pacific Island State Ecosystems  (in pdf format)
Occasional Paper, Pacific Institute for Studies in Development, Environment, and Security, March 2000

Introduction: While it is anticipated that most nations will ultimately suffer adverse consequences from climate change, small island states may face the most dire and immediate consequences. A previous piece by this author focused on the socioeconomic and cultural ramifications of climate change on Pacific Island Developing Countries (PIDCs). This article will examine the possible impacts of climate change on the ecosystems of PIDCs. In this pursuit, I will: first, provide a brief overview of PIDCS, second, outline present assessments of climate trends, both globally and regionally, that may have an impact on PIDCS, third, assess some of the potential ecosystem impacts of climate change on islands in the Pacific region, and finally, assess the possible role of the United Nations Framework Convention for Climate Change in ameliorating these impacts.

The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (in pdf format)
(1997) 1 Journal of International Wildlife Law and Policy 113-132

Abstract: The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) is the second regional accord to conserve cetaceans entered into the Convention on the Conservation of Migratory Species of Wild Animals in what ultimately may become a set of interlocking regional agreements. The article assesses the prospects for ACCOBAMS to contribute to the protection of cetaceans in an area of the world fraught with perils for marine species. It examines the primary threats to cetaceans; outlines the negotiating history of ACCOBAMS and its key provisions; and briefly assesses the treaty’s prospects and suggests means of strengthening its framework.

Other selected publications

Edited Books

THE FUTURE OF CETACEANS IN A CHANGING WORLD, (William C.G. Burns & Alexander Gillespie editors, 2001)

CLIMATE CHANGE IN THE SOUTH PACIFIC: IMPACTS AND RESPONSES IN AUSTRALIA, NEW ZEALAND, AND SMALL ISLAND STATES (Alexander Gillespie & William C.G. Burns, editors, 2000, Kluwer Academic Publishers)

Journal Articles/Book Chapters

The Potential Impacts of Climate Change on the Freshwater Resources of Pacific Island Developing Countries, in THE WORLD'S WATER  (Peter H. Gleick, ed., Volume 3, Island Press, 2002)

Kate O'Neill, William C.G. Burns, and Geoffrey Wandesforde-Smith, Working with the Limitations and Frustrations in a Treaty-Based Approach to International Environmental Problem Solving, in INTERNATIONAL ENVIRONMENTAL LAW AND POLICY (David Hunter, James Salzman, & Durward Zaelke, 2d ed., 2001)

Are Sinks Sunk?, 6(4) GLOBAL CHANGE, (Winter, 2000)

Climate Change and Its Possible Impact on Small Island States, 6(3) GLOBAL CHANGE, (Fall, 2000)

From the Heat to the Harpoon: Climate Change, the Future of Cetaceans, and the Role of the International Whaling Commission, 13(2) GEORGETOWN INTERNATIONAL ENVIRONMENTAL LAW REVIEW (Fall 2000)

The Possible Impact of Climate Change on Pacific Island Nation Ecosystems, 6(2) ASIA-PACIFIC JOURNAL OF ENVIRONMENT & DEVELOPMENT (2000)

The Impact of Climate Change on Pacific Island Developing Countries, in CLIMATE CHANGE IN THE SOUTH PACIFIC: IMPACTS AND RESPONSES IN AUSTRALIA, NEW ZEALAND, AND SMALL ISLAND STATES (Alexander Gillespie & William C.G. Burns, editors, 2000, Kluwer Academic Publishers)

Biosafety Resources on the Internet, BIODIVERSITY, (Summer, 2000)

The Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea and Contiguous Atlantic Area: Problems and Prospects, 1 JOURNAL OF INTERNATIONAL WILDLIFE LAW & POLICY (Summer 1998)

The 49th Meeting of the International Whaling Commission: Problems and Prospects, 3 COLORADO YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (Spring 1998)

The Heat is On: What Can We Expect at the 3rd Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change?, GREENLINE (Spring, 1997)

The United Nations Framework Convention on Climate Change and the Future of Small Island States, 14 DICKINSON JOURNAL OF ENVIRONMENTAL LAW & POLICY (Spring, 1997)

The Second Review Conference of the United Nations Framework Convention on Climate Change, 2 COLORADO YEARBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (Spring, 1997)

European Implementation of CITES and the Proposal for a Council Regulation (EC) on the Protection of Species of Wild Fauna and Flora, 8 GEORGETOWN INTERNATIONAL ENVIRONMENTAL LAW REVIEW (Spring, 1997)

The International Whaling Commission: Improving the Prospects For Large Cetaceans in the Next Century, 15 COLORADO JOURNAL OF INTERNATIONAL ENVIRONMENTAL LAW & POLICY (Winter, 1996)

From the Lance to the Laboratory: The Impact of Anthropogenic Environmental Degradation on Cetacean Species, 10 SEA WINDS (3) (Fall, 1996)

The Habitat II Conference and the Future of Cities, GREENLINE, (Spring, 1996)

Global Warming: More Heat than Light, THE MUIRVIEW, (Jan./Feb., 1996)

Global Warming And The United Nations Framework On Climate Change (co-author: William J. Weiner), in INTERNATIONAL ENVIRONMENTAL LAW: CASES AND MATERIALS (2nd Edition, 1996)

CITES and the Regulation of the Taking of Sharks, SPECIES, (Spring, 1995)

Sharks in the Galapagos, PENGUIN CONSERVATION, (July, 1995)

The International Convention To Combat Desertification: Drawing A Line In The Sand?, MICHIGAN JOURNAL OF INTERNATIONAL LAW (Spring, 1995)

The International Whaling Commission and the Regulation of Consumptive and Non-Consumptive Uses of Small Cetaceans: The Critical Agenda for the 1990s, WISCONSIN INTERNATIONAL LAW JOURNAL (Fall, 1994)

Stopping the Feeding Frenzy: How Can We Save The Shark,? 15 ENVIRONMENTAL AWARENESS (July, 1992)

The Report of the Secretary General on Transnational Corporations and Industrial Process Safety: A Critical Appraisal, 3 GEORGETOWN JOURNAL OF INTERNATIONAL ENVIRONMENTAL LAW (Summer, 1990)

The Convention on International Trade in Endangered Species and the Rhinoceros, 13 ENVIRONMENTAL AWARENESS (May, 1991)

The Convention on International Trade in Endangered Species and International Trade in Flora: A Critical Appraisal, 8 DICKINSON JOURNAL OF INTERNATIONAL LAW (1990)

The Decline of the Elephant: Improving the CITES Framework, 12 ENVIRONMENTAL AWARENESS (March, 1989)

Asian Compliance With the Convention on International Trade in Endangered Species of Wild Flora and Fauna, 29 INDIAN JOURNAL OF INTERNATIONAL LAW (1989)

The Second Review Conference of the Biological Weapons Convention: One Step Forward, Many More To Go, P.C.I.S. International Security Occasional Paper Series, No. 5 (1988)

The Legality of Nuclear Weapons Under International Law, P.C.I.S. International Security Occasional Paper Series, No. 3 (1988)

 
David Freestone

Editor-in-Chief: The International Journal of Marine and Coastal Law

 

Barbara Kwiatkowska

The Australia and New Zealand v. Japan Southern Bluefin Tuna (Jurisdiction and Admissibility) Award of the First LOSC Annex VII Arbitral Tribunal
OceanLaw On-Line Paper No. 16 (March 2003)

The Law of the Sea Related Cases in the International Court of Justice during the Presidency of Judge Stephen M. Schwebel (1997-2000)
OceanLaw On-Line Paper No. 17 (March 2003)

Other papers by Barbara Kwiatkowska can be found at: www.law.uu.nl/english/isep/nilos/paper.asp
 

Ted McDorman

Case Note: The Grand Prince (Belize v. France) (Application for Prompt Release)
OceanLaw On-line Paper No. 5 (May 2001)

Abstract: The “Grand Prince” is the latest ITLOS case concerning an application for prompt release of a fishing vessel. As with two of the previous cases, it arose from the arrest by French authorities of a vessel fishing Patagonian toothfish in French waters around the Kerguelen and Crozet islands. In contrast to the previous decisions, however, the ITLOS on this occasion determined that it had no jurisdiction to hear the dispute. This note briefly examines the background to the dipsute and the judgment of the Tribunal.

Editor-in-Chief: Ocean Development & International Law

Whales, the US Pelly Amendment and international trade law
Article from Whaling in the North Atlantic - Economic and Political Perspectives, Proceedings of a Conference held in Reykjavik, 1997.

Protecting international marine living resources with trade embargoes: GATT and international reaction to US practices
Article published in the High North Alliance publication Additional Essays on Whales and Man, 1995.
    

Gordon Munro

The Management of High Seas Fishery Resources and the Implementation of the U.N. Fish Stocks Agreement of 1995: Problems and Prospects  (in pdf)
With Trřnd Bjorndal, Professor of Economics, Norwegian School of Economics and Business Administration; Paper presented at the IIFET 2000 Conference.

International work on fishing subsidies - an update  [pdf file]
With Ronald P. Steenblik. Update of a paper presented at the First Workshop of the EU Concerted Action on Economics and the Common Fisheries Policy, 28-30 October 1998, Portsmouth, U.K

The Economics of Overcapitalization and Fishery Resource Management: A Review (in pdf)
Department of Economics, UBC, Discussion Paper 98-21 (1998)

Tracking Fisheries Landings in the North Atlantic
Extract from the "Sea Around Us" project, with Ussif Rashid Sumaila and Ratana Chuenpagdee


Olav Schram Stokke

Governing High Seas Fisheres   (in pdf)
Concluding chapter from this book, pubished by OUP in 2001.
    

Martin Tsamenyi

Satellite Based Vessel Monitoring Systems (VMS) for Fisheries Management - International Legal Aspects and Developments in State Practice  [pdf]
FAO Legal Paper On-Line, No. 7 (with Erik Jaap Molenaar)
   

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