By Syma A. Ebbin, Alf H. Hoel, Are Sydnes
This can be the 1st systematic review of the foreign 200-mile unique financial area. so far, a hundred forty five states have ratified the legislations of the ocean conference, and so much have validated EEZs. This quantity makes a speciality of the categorical nature of the EEZ and the development and evolution of associations stemming from its advent, particularly studying advancements at neighborhood, nationwide and foreign degrees.
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Extra info for A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources
INTRODUCTION In this paper, I discuss the provisions of the 1982 UN Convention on the Law of the Sea (LOSC)1 that concern fisheries conservation and management in an Exclusive Economic Zone (EEZ), focusing on the general regime as opposed to the specific regimes provided for in Articles 64 to 67. These regimes have been supplemented in important ways by the 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 (referred to hereafter as the 1995 UN Fish Stocks Agreement).
One of the problems in this area lies in determining what amounts to state practice: it is necessary to distinguish, on the one hand, between the existence on the statute books of a law, which on the face of it is capable of transgressing the requirements of the LOSC, and, on the other, actual action being taken by the state to enforce that law. This is especially so where the law in question provides for a discretionary power to impose a bond or to impose imprisonment. While it is possible to have statutes enacted by states as evidence of state practice, there are many instances where there exist statutes that are in excess of international law obligations, but which are not necessarily enforced in such a way.
More problematic, however, is the situation where an offence is committed in the course of fishing operations and indeed may be an offence against the fishing law itself, but which also qualifies as being a more general offence. Can imprisonment be imposed in respect of such offences? For example, could a coastal state law impose imprisonment for using violence to resist arrest or detention in the course of fishing operations on the basis that the offence is really an assault? The point can also be put the other way around: if a fisheries offence is dealt with in a criminal code, and is not referred to in a fisheries law as such, can it be argued that imprisonment is possible because the matter is not contained in a ‘fisheries law [or] regulation’.
A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources by Syma A. Ebbin, Alf H. Hoel, Are Sydnes