Sustainable Fisheries: The Legal Regime of the 1995 United Nations Fish Stocks Agreement and Its Contribution to Subsequent Developments Promoting Sustainable Fisheries

2018 ◽  
pp. 323-369
Keyword(s):  
United Nations ◽  
Legal Regime ◽  
Sustainable Fisheries ◽  
Fish Stocks

Global Governance of Deep-Sea Fisheries

2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
Global Governance ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Governance System ◽  
Legal Regime ◽  
Short Term ◽  
Fish Stocks ◽  
The Law ◽  
Global Agreement ◽  
High Seas

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies

Paris Agreement

2016 ◽  
Vol 55 (4) ◽  
pp. 740-755 ◽  
Author(s):  
Cara A. Horowitz
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Paris Agreement ◽  
Legal Regime ◽  
Global Response ◽  
United Nations Framework Convention ◽  
The United Nations

The Paris Agreement sets forth a new international legal regime aimed at strengthening the global response to climate change. It was adopted in December 2015 at the annual gathering of parties to the United Nations Framework Convention on Climate Change. The Paris Agreement sits within and implements the Convention.

International Fisheries Law

2020 ◽  
Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball
Keyword(s):  
United Nations ◽  
International Law ◽  
Law Of The Sea ◽  
Fish Stocks ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Fisheries Law ◽  
Conservation And Management ◽  
International Fisheries

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions 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 (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.

Les minorités dans la Déclaration Universelle des Droits de l’Homme, une absence délibérée

2020 ◽  
Vol 88 (3-4) ◽  
pp. 557-590
Author(s):  
Fernando Arlettaz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Interwar Period ◽  
Minority Rights ◽  
League Of Nations ◽  
The State ◽  
Point Of View ◽  
Universal Declaration ◽  
Legal Regime ◽  
The United Nations

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.

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