The new entrants problem in international fisheries law / Andrew Serdy.
2016
K3895 .S47 2016 (Mapit)
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Author
Title
The new entrants problem in international fisheries law / Andrew Serdy.
Imprint
Cambridge, United Kingdom : Cambridge University Press, 2016.
Description
xxiii, 485 pages : illustrations ; 24 cm.
Series
Cambridge studies in international and comparative law (Cambridge, England : 1996)
Formatted Contents Note
The bioeconomics of high seas fishing: new entrants and the tragedy of the commons
New entrants, old problem: allocation principles in the UN Fish Stocks Agreement and other treaties
A wrong turning in international fisheries law: the flawed concept(s) of illegal, unreported and unregulated fishing
Case study: new entrants and the Commission for the Conservation of Southern Bluefin Tuna
Quota trading in international fisheries commissions: an idea whose time has come?
Conclusions: a role for state responsibility?
New entrants, old problem: allocation principles in the UN Fish Stocks Agreement and other treaties
A wrong turning in international fisheries law: the flawed concept(s) of illegal, unreported and unregulated fishing
Case study: new entrants and the Commission for the Conservation of Southern Bluefin Tuna
Quota trading in international fisheries commissions: an idea whose time has come?
Conclusions: a role for state responsibility?
Summary
Are international fisheries heading away from a global commons with open access towards a regime of property rights? The distributional implications of denying access to newcomers and re-entrants that used the resource in the past are fraught. Should the winners in this process compensate the losers and, if so, how? Regional fisheries management organisations, in whose gift participatory rights now mostly lie, are increasingly having to deal with this question, which has hitherto been little analysed. This book provides a review of the practice of these bodies and the States that are their members. The recently favoured response of governments, combating 'IUU' - illegal, unregulated and unreported - fishing, is shown to rest on a flawed concept, and the solution might lie less in law than in legal policy: compulsory dispute settlement as an incentive to moderate their claims and an expansion of the possibilities of trading of quotas to make solving the global overcapacity issue easier.
Bibliography, etc. Note
Includes bibliographical references (pages 423-439) and index.
Location
STA
Call Number
K3895 .S47 2016
Language
English
ISBN
9781107001565 (hardcover)
1107001560 (hardcover)
1107001560 (hardcover)
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