Legislating for Sustainable Fisheries: A Guide to Implementing the 1993 FAO Compliance Agreement and 1995 UN Fish Stocks Agreement (Law, Justice, and Development Series)

Printed on Demand. Limited stock is held for this title. If you would like to order 30 copies or more please contact books@worldbank.org The purpose of this guide is to facilitate the ratification or acceptance of the 1993 FAO Compliance Agreement and the 1995 UN Fish Stocks Agreement. It presents an outline of some of the most important provisions contained in the two agreements. The book also includes a 'tool kit' of the various approaches used by some countries that have already enacted national legislation to meet the obligations and objectives set forth in these agreements. Contents......Page 6 Abstract......Page 8 Preface......Page 10 Acknowledgments......Page 12 Acronyms and Abbreviations......Page 13 Introduction......Page 14 Administration......Page 18 Flag State Responsibility......Page 20 Exchange of Information......Page 26 The Scope of Application of the Compliance Agreement......Page 28 Canadian and Norwegian Practice......Page 30 Parts I and II......Page 34 Parts III and IV......Page 50 Part V: Duties of the Flag State......Page 52 Implementation into National Law......Page 55 Other Duties of Flag States......Page 61 Jurisdiction over “Nationals”......Page 75 Port State Jurisdiction......Page 78 Implementing Conservation and Management Measures......Page 83 Innovative Approaches......Page 84 “Long Arm” Jurisdiction......Page 85 Provision of Data......Page 86 Final Remarks......Page 90 Appendix I: Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas......Page 92 Appendix II: Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982......Page 106 Appendix III: The FAO Standard Specifications for the Marking and Identification of Fishing Vessels......Page 150 Notes......Page 156 Increasing concerns have been raised about the sustainability of many fish stocks. A number of international instruments, both voluntary and binding, have been formulated to address this. Two important binding agreements designed to adress this problem on a global basis are the 1993 FAO Compliance Agreement and the 1995 UN Fish Stocks Agreement. However, neither of these agreements has yet entered into force. For some countries, particularly smaller developing countries, the very complexity of the task of transposing the provision of these agreements into national law may itself be an obstacle to, or cause delay in, becoming a party to them. the purpose of this guide is to facilitate the ratification or acceptance of these agreements in such countries. The guide provides an outline of some of the most significant provisions of the two agreements and a "toolkit" of the various approaches that have already been used by those few states that have already enacted national legislation to meet the obligations and the objectives contained in these two agreements