Flags of Convenience and High Seas Fishing: The Emergence of a Legal Framework

Vukas, Budislav; Vidas, Davor

doi:10.1093/acprof:oso/9780198299493.003.0003

Cited by 5 publications

(3 citation statements)

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“…nationals) or companies benefiting from fishing operations. 126 While it may be argued that references to "nationals" in the LOSC 127 are perfunctory rather than obligatory, there is a growing awareness that some control is necessary over natural and legal persons to facilitate fulfilment of state obligations to co-operate on marine living resources management through RFMOs such as CCAMLR. Clear evidence of this intent can be found in UNFSA, Article 10(l) 128 and in various individual state initiatives to control the activities of legal and natural persons (i.e.…”

Section: Enforcement Issuesmentioning

confidence: 99%

Managing Antarctic Marine Living Resources: The CCAMLR Approach

Miller¹,

Sabourenkov²,

Ramm³

2004

Int J Mar Coast Law

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This paper documents the experiences of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) in developing, and implementing, its fisheries conservation and management measures. Examples are given to show how the provisions of Article II of the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) have been applied in practice. Generally, these provisions strive for an ecosystem-based and precautionary approach to the management of harvested and non-harvested species. Emphasis is given to the development of management measures to deal with: (a) uncertainty associated with new and exploratory fisheries, (b) reduction and elimination (i.e. minimisation) of seabird bycatch in longline fisheries, (c) trade-related measures to combat illegal, unreported and unregulated (IUU) fishing on CCAMLR species, and (d) general environmental protection. CCAMLR's achievements are evaluated, potential threats to its future effectiveness are identified and some possible counteractions are offered.

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Section: Enforcement Issuesmentioning

confidence: 99%

Managing Antarctic Marine Living Resources: The CCAMLR Approach

Miller¹,

Sabourenkov²,

Ramm³

2004

Int J Mar Coast Law

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“…There is no significant literature 6 China has the largest growth in share of world fish production from both wild capture and aquaculture, increasing from 7 percent in 1961 to 35 percent in 2010 (FAO 2012, 3). Vukas and Vidas (2001) and FAO (2012, 17-18) discuss flags of convenience as a source of new entry. The overall annual losses are estimated to be $50 billion or more, relative to more optimal fishing practices (Arnason et al 2009); Lischewski 2010).…”

Section: Introductionmentioning

confidence: 99%

Addressing Global Environmental Externalities: Transaction Costs Considerations

Libecap

2014

Journal of Economic Literature

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Is there a way to understand why some global environmental externalities are addressed effectively, whereas others are not? The transaction costs of defining the property rights to mitigation benefits and costs is a useful framework for such analysis. This approach views international cooperation as a contractual process among country leaders to assign those property rights. Leaders cooperate when it serves domestic interests to do so. The demand for property rights comes from those who value and stand to gain from multilateral action. Property rights are supplied by international agreements that specify resource access and use, assign costs and benefits including outlining the size and duration of compensating transfer payments, and determining who will pay and who will receive them. Four factors raise the transaction costs of assigning property rights: (i) scientific uncertainty regarding mitigation benefits and costs; (ii) varying preferences and perceptions across heterogeneous populations; (iii) asymmetric information; and (iv) the extent of compliance and new entry. These factors are used to examine the role of transaction costs in the establishment and allocation of property rights to provide globally valued national parks, implement the Convention on the International Trade in Endangered Species of Wild Fauna and Flora, execute the Montreal Protocol to manage emissions that damage the stratospheric ozone layer, set limits on harvest of highly-migratory ocean fish stocks, and control greenhouse gas emissions.

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“…7 China has the largest growth in share of world fish production from both wild capture and aquaculture, increasing from 7% in 1961 to 35% in 2010 (FAO 2012, 3). Vukas and Vidas (2001) and Food and Agricultural Organization (2012, 17-18) discuss flags of convenience as a source of new entry. The overall annual losses are estimated to be $50 billion or more relative to more optimal fishing practices (Arnason et al 2009); Lischewski 2010).…”

mentioning

confidence: 99%

Addressing Global Environmental Externalities: Transaction Costs Considerations

Libecap¹

2013

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Is there a way to understand why some global environmental externalities are addressed effectively whereas others are not? The transaction costs of defining the property rights to mitigation benefits and costs is a useful framework for such analysis. This approach views international cooperation as a contractual process among country leaders to assign those property rights. Leaders cooperate when it serves domestic interests to do so. The demand for property rights comes from those who value and stand to gain from multilateral action. Property rights are supplied by international agreements that specify resource access and use, assign costs and benefits including outlining the size and duration of compensating transfer payments and determining who will pay and who will receive them. Four factors raise the transaction costs of assigning property rights: (i) scientific uncertainty regarding mitigation benefits and costs; (ii) varying preferences and perceptions across heterogeneous populations; (iii) asymmetric information; and (iv) the extent of compliance and new entry. These factors are used to examine the role of transaction costs in the establishment and allocation of property rights to provide globally-valued national parks, implement the Convention on the International Trade in Endangered Species (CITES), execute the Montreal Protocol to control emissions that damage the stratospheric ozone layer, set limits on harvest of highly-migratory ocean fish stocks, and control greenhouse gas emissions (GHG).

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Flags of Convenience and High Seas Fishing: The Emergence of a Legal Framework

Cited by 5 publications

References 0 publications

Managing Antarctic Marine Living Resources: The CCAMLR Approach

Managing Antarctic Marine Living Resources: The CCAMLR Approach

Addressing Global Environmental Externalities: Transaction Costs Considerations

Addressing Global Environmental Externalities: Transaction Costs Considerations

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