Download A Sea Change: The Exclusive Economic Zone and Governance by Syma A. Ebbin, Alf H. Hoel, Are Sydnes PDF

By Syma A. Ebbin, Alf H. Hoel, Are Sydnes

This can be the 1st systematic evaluate of the overseas 200-mile unique financial sector. so far, a hundred forty five states have ratified the legislations of the ocean conference, and such a lot have validated EEZs. This quantity makes a speciality of the explicit nature of the EEZ and the development and evolution of associations stemming from its creation, in particular analyzing advancements at neighborhood, nationwide and overseas degrees.

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Additional info for A Sea Change: The Exclusive Economic Zone and Governance Institutions for Living Marine Resources

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In sum, the text of Part V of the LOSC represented a very careful balance of different interests, which on the whole has been respected. Practice on the whole has adapted to this regime, rather than the regime crumbling in the light of a contrary practice. 1 Conservation and Management The evolution of management concepts, especially those now found in the 1995 UN Fish Stocks Agreement, has generally been accepted at a theoretical level. For example, while there is much debate about whether the 1995 UN Fish Stocks Agreement applies to states which are not Parties to it, few would seriously contest the relevance of the precautionary approach, and the principles set out in article 5 of that agreement, even though these are specifically asserted with respect to straddling fish stocks and highly migratory fish stocks.

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). The paper concludes with some tentative views about how the regime has stood up since its inception over 25 years ago. 2. THE RIGHTS AND DUTIES OF STATES IN THE EEZ The provisions of the LOSC – and its predecessor draft texts – were carefully drafted in order to achieve a balance between the resource interests of the coastal state in its offshore waters and the interests of those states who wished to ensure that any new oceans regime did not encroach unduly on the traditional freedoms of the high seas.

2) St Vincent and the Grenadines v Guinea Judgment 1 July 1999. ITLOS was established under Part XV of the LOSC on the settlement of disputes. html 24 WILLIAM R. EDESON state’s powers in the EEZ are limited to its sovereign rights for the purposes of exploring and exploiting, conserving and managing the natural resources (Article 56), while Article 73(1) specifies that in exercising these rights with respect to the living marine resources, it may take such measures including, inter alia, judicial proceedings as may be necessary to ensure compliance with its laws, ‘adopted by it in conformity with this Convention’.

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