The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making
Abstract The North East Atlantic mackerel is moving westward and northward. How to integrate new coastal states whose Exclusive Economic Zone is invaded by mackerel into existing decision-making processes? The 1982 Law of the Sea Convention, the 1995 Straddling Fish Stocks Agreement, the 1980 North...
Published in: | The International Journal of Marine and Coastal Law |
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crbrillap:10.1163/15718085-12341276 2023-06-06T11:57:36+02:00 The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making Ørebech, Peter 2013 http://dx.doi.org/10.1163/15718085-12341276 https://brill.com/view/journals/estu/28/2/article-p343_3.xml https://brill.com/downloadpdf/journals/estu/28/2/article-p343_3.xml unknown Brill The International Journal of Marine and Coastal Law volume 28, issue 2, page 343-373 ISSN 0927-3522 1571-8085 Law Management, Monitoring, Policy and Law General Environmental Science Geography, Planning and Development Oceanography journal-article 2013 crbrillap https://doi.org/10.1163/15718085-12341276 2023-04-14T13:48:54Z Abstract The North East Atlantic mackerel is moving westward and northward. How to integrate new coastal states whose Exclusive Economic Zone is invaded by mackerel into existing decision-making processes? The 1982 Law of the Sea Convention, the 1995 Straddling Fish Stocks Agreement, the 1980 North East Atlantic Fisheries Convention, and bilateral and trilateral agreements between “relevant coastal states” fail to provide rules for present decision-makers to incorporate newcomers. The present harvesting states are sovereign with regard to admitting or refusing newcomers. This article argues for a stricter obligation on coastal states to acknowledge the right of new harvesting nations to access decision-making processes for estimating total allowable catch and allocating quotas. Equitable distribution can occur if quota allocation is subject to principles that are less discretionary than the present ones. One solution is to estimate the ratio of biomass related to the share of coastal states in the distribution of eggs, larvae and fishable stock, and allocate a quota to each coastal and high seas fishing state accordingly. Article in Journal/Newspaper North East Atlantic Brill (via Crossref) The International Journal of Marine and Coastal Law 28 2 343 373 |
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Brill (via Crossref) |
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Law Management, Monitoring, Policy and Law General Environmental Science Geography, Planning and Development Oceanography |
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Law Management, Monitoring, Policy and Law General Environmental Science Geography, Planning and Development Oceanography Ørebech, Peter The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
topic_facet |
Law Management, Monitoring, Policy and Law General Environmental Science Geography, Planning and Development Oceanography |
description |
Abstract The North East Atlantic mackerel is moving westward and northward. How to integrate new coastal states whose Exclusive Economic Zone is invaded by mackerel into existing decision-making processes? The 1982 Law of the Sea Convention, the 1995 Straddling Fish Stocks Agreement, the 1980 North East Atlantic Fisheries Convention, and bilateral and trilateral agreements between “relevant coastal states” fail to provide rules for present decision-makers to incorporate newcomers. The present harvesting states are sovereign with regard to admitting or refusing newcomers. This article argues for a stricter obligation on coastal states to acknowledge the right of new harvesting nations to access decision-making processes for estimating total allowable catch and allocating quotas. Equitable distribution can occur if quota allocation is subject to principles that are less discretionary than the present ones. One solution is to estimate the ratio of biomass related to the share of coastal states in the distribution of eggs, larvae and fishable stock, and allocate a quota to each coastal and high seas fishing state accordingly. |
format |
Article in Journal/Newspaper |
author |
Ørebech, Peter |
author_facet |
Ørebech, Peter |
author_sort |
Ørebech, Peter |
title |
The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
title_short |
The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
title_full |
The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
title_fullStr |
The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
title_full_unstemmed |
The “Lost Mackerel” of the North East Atlantic—The Flawed System of Trilateral and Bilateral Decision-making |
title_sort |
“lost mackerel” of the north east atlantic—the flawed system of trilateral and bilateral decision-making |
publisher |
Brill |
publishDate |
2013 |
url |
http://dx.doi.org/10.1163/15718085-12341276 https://brill.com/view/journals/estu/28/2/article-p343_3.xml https://brill.com/downloadpdf/journals/estu/28/2/article-p343_3.xml |
genre |
North East Atlantic |
genre_facet |
North East Atlantic |
op_source |
The International Journal of Marine and Coastal Law volume 28, issue 2, page 343-373 ISSN 0927-3522 1571-8085 |
op_doi |
https://doi.org/10.1163/15718085-12341276 |
container_title |
The International Journal of Marine and Coastal Law |
container_volume |
28 |
container_issue |
2 |
container_start_page |
343 |
op_container_end_page |
373 |
_version_ |
1767965907020152832 |