Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Goodman, Camille

doi:10.1093/oso/9780192896841.001.0001

Cited by 4 publications

(2 citation statements)

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“…In order for a ship to acquire the Nationality of a state, it must first have been deleted from the Ship Registry of the previous state, thereby losing its previous Nationality. This limitation stems from the Theory of Territoriality (Goodman, 2021), according to which the ship, as well as the land, can belong to only one state. Therefore, the ship that sails at sea is an extension of the land sovereignty of the State whose Nationality it bears.…”

Section: United Nations Convention On Conditions For Registration Of ...mentioning

confidence: 99%

Question of Fraudulent Registration of Ships and Fraudulent Ship Registries; the Response of the International Community

Daniil,

Saviolakis

2024

Trans. Marit. Sci.

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The aim of this paper is to address the issue of fraudulent registration and fraudulent Ship Registries, mainly as a means of concealing illicit activities, such as piracy, slavery, maritime migration, IUU fishing, and the evasion of UN sanctions. The method that has been followed includes the presentation of all types of fraudulent flagging as reported by the interested Flag States, Port States, and the associated international organisations of IMO and FAO. The analysis compares the findings that have been collected by the various sources and the drawing of strong conclusions. The results of this essay extend to cover the various forms of fraudulent registration, the legal framework that governs the registration of ships, and the proposed measures to deal with this phenomenon. The novelty lies in the multi-level approach of fraudulent registration, covering all of its forms, and the solutions proposed, either already applied or innovative. In conclusion, insufficiency to deal with this phenomenon so far leaves room for the application of new strategies, like the ones proposed in the current essay.

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Section: United Nations Convention On Conditions For Registration Of ...mentioning

confidence: 99%

Question of Fraudulent Registration of Ships and Fraudulent Ship Registries; the Response of the International Community

Daniil,

Saviolakis

2024

Trans. Marit. Sci.

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“…For example, Indonesia-Australia Memorandum of Understandings (MOU) on Indonesian Traditional Fishing Right in 1986Right in , 1988Right in , 1989, and the EEZ Delimitation Treaty in 1997, have affirmed traditional fishing activities and rights of Indonesian traditional fishermen in the Australian EEZ (Djalal, 2001;Dyspriani, 2011). 67 Subsequent practice after the adoption of UNCLOS demonstrates that "historical or habitual fishing may also be protected through ongoing access agreements or arrangements" (Goodman, 2022). In the authors' view, Judge Xue followed Articles 31 and 32 of Vienna Convention on the Law of Treaties (VCLT) to interpret certain UNCLOS provisions.…”

Section: The Court's Legal Standards To Determine the Existence Of Tr...mentioning

confidence: 99%

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

Wang

Xu²

2023

Front. Mar. Sci.

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With respect to the Nicaragua v. Colombia case in 2022, whether Colombian fishermen in the San Andrés Archipelago, particularly the Raizales, have traditional fishing rights in the Nicaraguan Exclusive Economic Zone (EEZ) is one of controversial issues. Since Colombia is not a party to the United Nations Convention on the Law of the Sea (UNCLOS), the International Court of Justice (the Court or the ICJ) embodied customary international law as applicable law. It adopted a two-step method to examine Colombian claims and found that their fishermen did not enjoy traditional fishing rights. The Court found that affidavits of Colombian fishermen as major evidence were too sparse to prove the existence of a long-standing fishing practice. In light of a series of statements from the Nicaraguan President, there was a neither express nor implied recognition of traditional fishing rights of Colombian fishermen. This study reviews the ICJ’s judgment from three aspects. First, the paper will evaluate the Court’s (in)flexibility about the time requirement when examining the spanning period of a long-standing practice relating to traditional fishing activities. Second, concerning whether or in which circumstances the traditional fishing rights of a particular community can survive the establishment of the EEZ of another State, the Court found it unnecessary to examine this issue, the paper will also appraise potential legal impacts at this regard. Third, the Court did not identify Colombian claims of traditional fishing rights as indigenous rights, particularly for the Raizales. An increasing number of scholars of the law of the sea call for applying human rights norms to UNCLOS provisions, but the Court takes a cautious attitude in this regard. The paper will make more comments on the interaction between human rights law and the law of the sea.

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A geopolitical-economy of distant water fisheries access arrangements

Campling,

Havice,

Virdin

et al. 2024

npj Ocean Sustain

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In recent decades, fishing fleets and effort have grown in aggregate throughout the waters of lower-income coastal countries, much of which is carried out by vessels registered in higher-income countries. Fisheries access arrangements (FAAs) underpin this key trend in ocean fisheries and have their origins in UNCLOS’s promise to establish resource ownership as a mechanism to increase benefits to newly independent coastal and island states. Coastal states use FAAs to permit a foreign state, firm, or industry association to fish within its waters. This paper provides a conceptual approach for understanding FAAs across the global ocean and for exploring their potential to deliver on the promise of UNCLOS. Illustrated with the findings from multiple case studies, we advance understanding of FAAs by developing a geopolitical-economy of access that attends to the combination of contingent and context-specific economic, ecologic, and geopolitical forces that shape the terms, conditions and practices of the FAAs shaping this persistent phenomenon of higher-income industrial fleets fishing throughout lower-income countries’ waters.

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Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Cited by 4 publications

References 0 publications

Question of Fraudulent Registration of Ships and Fraudulent Ship Registries; the Response of the International Community

Question of Fraudulent Registration of Ships and Fraudulent Ship Registries; the Response of the International Community

Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights

A geopolitical-economy of distant water fisheries access arrangements

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