scholarly journals Global Fisheries Management and Community Interest

2021 ◽  
Vol 13 (15) ◽  
pp. 8586
Author(s):  
Lei Zhang
Keyword(s):  
Fisheries Management ◽  
Management System ◽  
Policy Instruments ◽  
International Community ◽  
Common Interest ◽  
Global Institutions ◽  
Fishery Resources ◽  
Community Interest ◽  
United Nations Convention ◽  
Comprehensive Framework

The conservation of fishery resources is a common interest of the international community. In the 1990s, the global fisheries management system was formed based on the 1982 United Nations Convention on the Law of the Sea (LOSC). In order to achieve sustainable fisheries management, the international community also adopted a series of legally binding and non-binding policy instruments for the implementation of the global fisheries regime. The regional institutional framework was strengthened and expanded to offer broad coverage worldwide. Based on the analysis of the global fisheries management system, the article concludes that the current legal and policy instruments collectively provide a comprehensive framework for global fisheries management, but there still exist limits in addressing the challenges of fishery resources today. More effective implementation of the current legal system through better cooperation among States, as well as efficient coordination within and between national, regional and global institutions, is required.

Identifying Community Interests in International Law

2018 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Available P ◽  
General Question ◽  
Global Commons ◽  
Settlement Systems ◽  
Community Interest ◽  
National Jurisdiction ◽  
Advisory Opinions

This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.

Problems Confronting Fishing Industries Relative to Management Policies Adopted by Governments

1973 ◽  
Vol 30 (12) ◽  
pp. 2486-2489
Author(s):  
G. H. Elliot
Keyword(s):  
Fisheries Management ◽  
International Level ◽  
Full Understanding ◽  
Alternative Management ◽  
Fishery Resources ◽  
International Action ◽  
The Future ◽  
Future Viability ◽  
Management Policies ◽  
Fishing Fleets

With increase in numbers, size, and effectiveness, fishing fleets have depleted important stocks of fish, and strong international action by governments is imperative for the future viability of fishery resources. The author favors a system of an overall quota of fish, with individual quotas for boats and plants, and predicts that this will become "the accepted method of running fisheries" in 20 years. He discusses how best to organize such a system, with full consultation between governments and their national fishing industries as well as at the international level. For efficient handling of the complex issues involved and a full understanding of them, he suggests that governments should appoint to their fisheries ministries officers who have specialized in fisheries management and are able to analyze the situation in depth and advise the administrators on the implications of alternative management policies. The controls over fishing that he advocates are essential because "free fish means eventually no fish."

THE LAW-MAKING EFFECTS OF THE FAO DEEP-SEA FISHERIES GUIDELINES

2018 ◽  
Vol 67 (4) ◽  
pp. 801-832
Author(s):  
Lene Korseberg
Keyword(s):  
Twentieth Century ◽  
South China Sea ◽  
International Law ◽  
Fisheries Management ◽  
South China ◽  
Deep Sea ◽  
International Community ◽  
Legal Regime ◽  
Substantive Content ◽  
Law Making

AbstractThe second half of the twentieth century saw major improvements in the legal regime for fisheries management. This notwithstanding, the deep seas remain largely unregulated under international law, until recently only being covered by the general environmental and management provisions found in UNCLOS. In light of this regulatory gap, this article evaluates the potential law-making effects, if any, of the FAO Deep-Sea Fisheries Guidelines, a voluntary instrument designed to provide States with a regulatory framework for the management of their deep-sea fisheries. It considers how the Guidelines may inform, interpret and influence the content of the general high-sea obligations in UNCLOS. Despite the vagueness and generality of those provisions, some indication of their substantive content has been given in recent decisions, particularly the South China Sea Arbitration. By assessing their compatibility, and their level of acceptance by the international community, this article argues that the FAO Deep-Sea Guidelines are beginning to have a law-making effect by providing an authoritative interpretation of the general high-sea obligations found in UNCLOS relating to deep-sea fisheries.

FOREIGN INVESTMENTS, SOVEREIGNTY AND THE PUBLIC GOOD

2014 ◽  
Vol 23 (1) ◽  
pp. 1-22
Author(s):  
Francesco Francioni
Keyword(s):  
Public Good ◽  
Public Interest ◽  
International Community ◽  
General Interest ◽  
Host Countries ◽  
Investment Policies ◽  
The Public ◽  
Host State ◽  
Investment Protection ◽  
Global Institutions

In spite of occasional references to the “public interest” or the “public good” in legal instruments on foreign investment and in arbitral practice, effective implementation of the concept remains elusive. This is the case first of all due to the fact that arbitrators are faced with the difficulties inherent in performing the delicate function of a quasi “judicial review” of contested host State’s measures. The second factor relates to the fact that the notion of “public good” that emerges from contemporary arbitral practice is confined to the national public interest of the host State and does not include the general interest of the international community as a whole. This article argues that, given the present state of the international economy, the regime of investment protection has to be reconciled not only with the public interest of the host State but also with the emerging concepts of international common goods, which include the global environment, human rights and the cultural heritage of humanity. Given the lack of global institutions responsible for the management of such common goods, this article advocates a functional approach to the exercise of sovereignty that transcends the traditional principles of territoriality and nationality and entails the obligation of both home and host countries to take into account the effects of their investment policies on the general interest of the international community.

Climate Adaptation Finance and Justice. A Criteria-Based Assessment of Policy Instruments

2018 ◽  
Vol 40 (1) ◽  
pp. 73-106 ◽  
Author(s):  
Christian Baatz
Keyword(s):  
Climate Adaptation ◽  
National Level ◽  
Emission Trading ◽  
Policy Instruments ◽  
Global South ◽  
International Community ◽  
Carbon Taxes ◽  
Border Tax Adjustments ◽  
Domestic Trading

Abstract Although the international community repetitively pledged considerable amounts of adaptation finance to the global South, only little has been provided so far. Different instruments have been proposed to generate more funding and this paper aims at identifying those that are most suitable to raise adaptation finance in a just way. The instrument assessment is based on the following main criteria: fairness, effectiveness and feasibility. The criteria are applied to four instruments: contributions from domestic budgets, international carbon taxes collected at the national level, border tax adjustments as well as selling emissions allowances in domestic trading schemes. Domestic emission trading schemes and border tax adjustments achieve the best-or rather, the least bad-results. Two further findings are that (feasible) instruments are unable make agents pay for past excessive emissions and that all instruments generate rather small amounts of funding. As a consequence of the latter, adaptation finance will continue to be highly insufficient in all likelihood.

Urban and Community Fisheries Programs: Development, Management, and Evaluation

2008 ◽  
Keyword(s):  
Fisheries Management ◽  
Recreational Fishing ◽  
Aquatic Resources ◽  
Development Management ◽  
Fishery Resources ◽  
Fisheries Resources ◽  
Community Fisheries

<em>Abstract.—</em>Urban and community fishing (UCF) projects are viewed as a way to provide easily accessible fishing opportunities to an increasingly urbanized society, thereby retaining and recruiting anglers and maintaining support for conservation of fisheries resources. Nearby, out-of-city fishery resources provide an option for development of UCF opportunities by municipalities lacking aquatic resources that can support recreational fishing. Examples of out-of-city fishing sites used as part of UCF projects in eight states are summarized. These out-of-city fishery resources not only provide relatively accessible fishing opportunities, but they also provide more diverse and often more natural fishing experiences. This diversity of fishing experiences may be useful for satisfying a broader angler constituency and aiding the transition of anglers from urban to more traditional, rural fisheries. Inclusion of out-of-city fishery resources in UCF programs can benefit from partnerships between state fisheries management agencies and municipal agencies and organizations.

scholarly journals Population’s health study as a factor of resource saving

2019 ◽  
Vol 110 ◽  
pp. 02099
Author(s):  
Natalia Astafieva ◽  
Natalia Ivanova ◽  
Elena Dorozhkina ◽  
Ruslan Minnullin
Keyword(s):  
Management System ◽  
International Comparisons ◽  
Policy Instruments ◽  
Population Based ◽  
Health Study ◽  
Resource Saving ◽  
Resources Management ◽  
Methodical Approach ◽  
Working Age ◽  
Labor Resources

The article presents an approach to factor monitoring of health status of the population, based on a system of indicators used in international comparisons and in the labor and energy resources management system. This methodical approach is supplemented by indicators, taking into account specifics of the issue being studied (mortality at working age and incidence of socially-related diseases). Integrated health index of the population is calculated, the degree of its dependence on the constituent components is revealed, an assessment of the effectiveness of social policy instruments for saving labor resources in health care has been carried out when implementing the concept of innovative development of the country and the energy management system.

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