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This book examines the legality, adequacy and efficacy of using the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) for commercially-exploited fish species and assesses whether the existing institutional cooperation with the Food and Agriculture Organization (FAO) and regional fisheries management organizations (RFMOs) is efficient. This case-study also provides an interesting lens to approaching wider international law issues. Indeed, finding ways to achieve effective governance of transboundary or global natural resources is central to the peaceful use of oceans and land. Furthermore, the role of science in advising decision-makers is a sensitive issue, which deserves scrutiny and is similar in many regimes. Finally, the complex problem of fragmentation of international law is acute in various fields of environmental law, as in all rapidly developing areas of international regulations.

CITES and the sea

Pavitt, A., Malsch, K., King, E., Chevalier, A., Kachelriess, D., Vannuccini, S., Friedman, K.

Published: 2021-01-27

Total Pages: 118


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Fish and fish products are amongst the most highly traded food items in the world today, with most of the world’s countries reporting some fish trade. This assessment of commercial trade in CITES-listed marine species occurs within a broader context of globalization and a more general rapid expansion of the international trade in fish and fish products. It summarizes ten years (2007–2016) of trade in a subset of commercially exploited marine taxa listed in CITES Appendix II. We examine both CITES trade data reporting processes (including information on the practical elements of reporting by CITES Parties) and analyse CITES trade records. The analysis shows how, for Appendix II CITES-listed marine species, the overall number of direct export transactions reported by CITES Parties has increased sevenfold during 1990–2016 and how trade for each CITES-listed marine species sub-group has changed through time. An assessment is made, with assistance from species and trade experts, on the strengths and challenges of collating and reporting on trade in CITES-listed marine species. Additional datasets of relevance to marine species trade are highlighted, and recommendations for further refining and improving CITES trade reporting for marine species are provided.
In International Law of Sharks, Erika J. Techera and Natalie Klein provide an in-depth analysis of the current legal frameworks that relate to these important species. The authors offer ways in which to overcome obstacles that prevent existing laws from working better and identify best practice global governance options while highlighting opportunities for legal reform. Scientific evidence indicates that sharks play a critical role in maintaining marine ecosystem health, yet current governance regimes have not been effective and many shark species continue to diminish. In this context, effective laws are critical to improve sharks’ conservation status. This volume also explores the broader relevance of oceans governance by identifying appropriate legal frameworks and regulatory mechanisms that balance conservation and utilisation of marine species in general.
For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.
Governance of Marine Fisheries and Biodiversity Conservation explores governance of the world’s oceans with a focus on the impacts of two inter-connected but historically separate streams of governance: one for fisheries, the other for biodiversity conservation. Chapters, most co-authored by leading experts from both streams, investigate the interaction of these governance streams from ecological, economic, social and legal perspectives, with emphasis on policies, institutions processes, and outcomes on scales from the global to the local community, and with coverage of a range of themes and regions of the world. The book opens with chapters setting the historical context for the two marine governance streams, and framing the book’s exploration of whether, as the streams increasingly interact, there will be merger or collision, convergence or co-evolution. The concluding chapter synthesizes the insights from throughout the book, relative to the questions posed in the opening chapters. It also draws conclusions about future needs and directions in the governance of marine fisheries and biodiversity, vital to the future of the world’s oceans. With cutting edge chapters written by many leading international experts in fisheries management and biodiversity conservation, and edited by three leading figures in this crucially important subject, Governance of Marine Fisheries and Biodiversity Conservation is an essential purchase for fisheries scientists, economists, resource managers and policymakers, and all those working in fields of biodiversity conservation, marine ecology, and coastal livelihoods. Libraries in all universities and research establishments where environmental and/or marine studies, conservation, ocean policy and law, biological and life sciences, and fisheries management are studied and taught, should have copies of this most important book.
An argument that secretariats—the administrative arms of international treaties—are political actors in their own right. Secretariats—the administrative arms of international treaties—-would seem simply to do the bidding of member states. And yet, Sikina Jinnah argues in Post-Treaty Politics, secretariats can play an important role in world politics. On paper, secretariats collect information, communicate with state actors, and coordinate diplomatic activity. In practice, they do much more. As Jinnah shows, they can influence the allocation of resources, structures of interstate cooperation, and the power relationships between states. Jinnah examines secretariat influence through the lens of overlap management in environmental governance—how secretariats help to manage the dense interplay of issues, rules, and norms between international treaty regimes. Through four case studies, she shows that secretariats can draw on their unique networks and expertise to handle the challenges of overlap management, emerging as political actors in their own right. After presenting a theory and analytical framework for analyzing secretariat influence, Jinnah examines secretariat influence on overlap management within the Convention on Biological Diversity (CBD), two cases of overlap management in the World Trade Organization, as well as a case in which the Convention on International Trade in Endangered Species (CITES) secretariat failed to influence political outcomes despite its efforts to manage overlap. Jinnah argues that, even when modest, secretariat influence matters because it can establish a path-dependent dynamic that continues to guide state behavior even after secretariat influence has waned.
Research Handbook on International Law and Natural Resources provides a systematic and comprehensive analysis of the role of international law in regulating the exploration and exploitation of natural resources. It illuminates interactions and tensions between international environmental law, human rights law and international economic law. It also discusses the relevance of soft law, international dispute settlement, as well as of various unilateral, bilateral, regional and transnational initiatives in the governance of natural resources. While the Handbook is accessible to those approaching the subject for the first time, it identifies pressing areas for further investigation that will be of interest to advanced researchers.
The 2018 edition of The State of World Fisheries and Aquaculture emphasizes the sector’s role in achieving the 2030 Agenda for Sustainable Development and the Sustainable Development Goals, and measurement of progress towards these goals. It notes the particular contributions of inland and small-scale fisheries, and highlights the importance of rights-based governance for equitable and inclusive development. As in past editions, the publication begins with a global analysis of trends in fisheries and aquaculture production, stocks, processing and use, trade and consumption, based on the latest official statistics, along with a review of the status of the world’s fishing fleets and human engagement and governance in the sector. Topics explored in Parts 2 to 4 include aquatic biodiversity; the ecosystem approach to fisheries and to aquaculture; climate change impacts and responses; the sector’s contribution to food security and human nutrition; and issues related to international trade, consumer protection and sustainable value chains. Global developments in combating illegal, unreported and unregulated fishing, selected ocean pollution concerns and FAO’s efforts to improve capture fishery data are also discussed. The issue concludes with the outlook for the sector, including projections to 2030. As always, The State of World Fisheries and Aquaculture aims to provide objective, reliable and up-to- date information to a wide audience, including policy-makers, managers, scientists, stakeholders and indeed all those interested in the fisheries and aquaculture sector.
This biennial report sets out a comprehensive review of world fisheries and aquaculture, as well as examining selected policy issues including capture-based aquaculture, labour standards, fisheries management and CITES, trade issues, depleted stocks recovery, deep-water fisheries, production forecasts to 2030, fisheries subsidies, and fishing capacity. Findings include that developments in world fisheries and aquaculture during recent years have continued to follow the trends that were already becoming apparent at the end of the 1990s, with capture fisheries production stagnating, aquaculture output expanding and growing concerns with regard to safeguarding the livelihoods of fishers and the sustainability of both commercial catches and the aquatic ecosystem from which they are extracted.
Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.