Gl Lugten

Frozen fish block: how commited are North Atlantic States to accountability, conservation and management of fisheries?

The North Atlantic Ocean has numerous global, regional, and sub-regional instruments for fisheries management. Research for this paper has examined North Atlantic State levels of compliance with these instruments. The study reveals there to be moderate levels of overall compliance, and a latitudinal gradient of compliance with Northern States scoring higher than those in the south. Of particular significance for other global regions, and the future development of international fisheries law, are the findings that: few regional fishery bodies have a systematic program in place to monitor and assess compliance; and despite overall moderate levels of compliance with the conservation and management regimes, most fishery stocks are either overexploited or at risk or collapse.

Maximum Sustainable Yield of Marine Capture Fisheries in Developing Archipelagic States—Balancing Law, Science, Politics and Practice

The contemporary legal regime for marine capture fisheries is dominated by management based on maximum sustainable yield (MSY). This study examines the law, science, politics and practice of MSY in a selection of developing archipelagic states to assess whether and how MSY is being used in the management of single fish species and as part of a broader ecosystem approach to fisheries management.

Soft Law with Hidden Teeth: The Case for a FAO International Plan of Action on Sea Turtles

The purpose of this article is to evaluate the legal status of the FAO International Plans of Action, and assess whether a new FAO IPOA on sea turtles could achieve any significant protection for creatures experiencing “a catastrophic decline in populations.” The paper is divided into three parts. Part 2 provides an overview on the plight of sea turtles and the numerous threats to their continued existence which occur both on land and at sea. Part 3 of the paper looks to the four current FAO International Plans of Action, their status in law, and the potential effectiveness of a fifth IPOA dealing with sea turtles. Part 4 of the paper presents an argument for the customary law status of the IPOAs. The paper submits that to the extent that the law (as distinct from education of fishers and coastal communities, developments in fishing gear technology, or application of better management policies) can conserve the sea turtles, a FAO International Plan of Action on sea turtles, along with the other FAO IPOAs, may be soft law instruments with hidden teeth.

Australia's Antarctic agenda

Australia has had a long connection with, and significant national interests in, the Southern Ocean and Antarctica. The Australian Antarctic Territory comprises 42 per cent of Antarcticas landmass. Australia is not only a claimant state and original signatory to the Antarctic Treaty but has played a significant role in the development of what is termed the Antarctic Treaty System (ATS). This article aims to provide an overview of Australias key policy interests and government policy goals towards Antarctica, including its commitment to the ATS. In examining key policy objectives we note that despite continuity and development of these objectives, significant changes and challenges have arisen in the period 1984–2006. It is these challenges that will help frame Australias Antarctic agenda over the next 20 years and beyond.

Taxing Illegal Fishing (A Proposal for Using Taxation Law to Reduce Profiteering From IUU Fishing Offences)

The illegal plundering of fishing stocks worldwide is masked behind a maze of corporate structures that makes discovery of the beneficiaries of such activity difficult, if not impossible, to identify. This paper looks at using taxation accruals regimes in domestic taxation law as a tool to undermine the use of international tax havens by illegal fishing companies.