International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction
In recent years, many nations have made claims of extended maritime jurisdiction or exclusive control for various purposes, and sometimes have claimed sovereignty over areas of sea far beyond the three-mile territorial sea traditionally claimed by many nations. A primary objective of many of these c...
Published in: | American Journal of International Law |
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Language: | English |
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Cambridge University Press (CUP)
1969
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Online Access: | http://dx.doi.org/10.2307/2198868 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S000293000012264X |
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crcambridgeupr:10.2307/2198868 2023-05-15T17:36:31+02:00 International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction Windley, David W. 1969 http://dx.doi.org/10.2307/2198868 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S000293000012264X en eng Cambridge University Press (CUP) https://www.cambridge.org/core/terms American Journal of International Law volume 63, issue 3, page 490-503 ISSN 0002-9300 2161-7953 Law Political Science and International Relations journal-article 1969 crcambridgeupr https://doi.org/10.2307/2198868 2022-04-07T07:59:53Z In recent years, many nations have made claims of extended maritime jurisdiction or exclusive control for various purposes, and sometimes have claimed sovereignty over areas of sea far beyond the three-mile territorial sea traditionally claimed by many nations. A primary objective of many of these claims has been control over fishing in coastal waters, with the purpose of reserving for the exclusive use of fishermen of the coastal state the fish resources in the waters claimed, or of controlling the activities of foreign fishermen and possibly exacting fees for the privilege of continued fishing. The nature of most claims of authority to regulate the taking of fish in coastal waters is such as to exclude foreign fishermen, such claims having as their basic purpose unconditional right of exclusion. What rights exist for displaced fishermen exist as a matter of comity, i.e., friendship between friendly nations, and as such form no basis for claims of legal right to recompense (although the governments of fishermen who are expelled without a phase-out period may justifiably respond in like unfriendly manner, enacting restrictive tariffs or similar economic handicaps). Several countries have made provision in their own laws for recognition of “traditional” or “historic” fishing for foreign fishermen on a basis of reciprocity, i.e., their fishermen would have similar rights in the exclusive fisheries zone of the foreign nation whose fishermen were permitted to continue fishing. Most such laws have been very recent. The problem is not new, however. Problems of access to the North Atlantic fisheries embroiled the United States and Great Britain immediately after the Revolutionary War, and were not resolved until 1910 by action of the Permanent Court of Arbitration at The Hague. Pelagic sealing inflamed relations between the United States and other nations in the late 19th century, requiring arbitration for settlement. Article in Journal/Newspaper North Atlantic Cambridge University Press (via Crossref) American Journal of International Law 63 3 490 503 |
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Cambridge University Press (via Crossref) |
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crcambridgeupr |
language |
English |
topic |
Law Political Science and International Relations |
spellingShingle |
Law Political Science and International Relations Windley, David W. International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
topic_facet |
Law Political Science and International Relations |
description |
In recent years, many nations have made claims of extended maritime jurisdiction or exclusive control for various purposes, and sometimes have claimed sovereignty over areas of sea far beyond the three-mile territorial sea traditionally claimed by many nations. A primary objective of many of these claims has been control over fishing in coastal waters, with the purpose of reserving for the exclusive use of fishermen of the coastal state the fish resources in the waters claimed, or of controlling the activities of foreign fishermen and possibly exacting fees for the privilege of continued fishing. The nature of most claims of authority to regulate the taking of fish in coastal waters is such as to exclude foreign fishermen, such claims having as their basic purpose unconditional right of exclusion. What rights exist for displaced fishermen exist as a matter of comity, i.e., friendship between friendly nations, and as such form no basis for claims of legal right to recompense (although the governments of fishermen who are expelled without a phase-out period may justifiably respond in like unfriendly manner, enacting restrictive tariffs or similar economic handicaps). Several countries have made provision in their own laws for recognition of “traditional” or “historic” fishing for foreign fishermen on a basis of reciprocity, i.e., their fishermen would have similar rights in the exclusive fisheries zone of the foreign nation whose fishermen were permitted to continue fishing. Most such laws have been very recent. The problem is not new, however. Problems of access to the North Atlantic fisheries embroiled the United States and Great Britain immediately after the Revolutionary War, and were not resolved until 1910 by action of the Permanent Court of Arbitration at The Hague. Pelagic sealing inflamed relations between the United States and other nations in the late 19th century, requiring arbitration for settlement. |
format |
Article in Journal/Newspaper |
author |
Windley, David W. |
author_facet |
Windley, David W. |
author_sort |
Windley, David W. |
title |
International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
title_short |
International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
title_full |
International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
title_fullStr |
International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
title_full_unstemmed |
International Practice Regarding Traditional Fishing Privileges of Foreign Fishermen in Zones of Extended Maritime Jurisdiction |
title_sort |
international practice regarding traditional fishing privileges of foreign fishermen in zones of extended maritime jurisdiction |
publisher |
Cambridge University Press (CUP) |
publishDate |
1969 |
url |
http://dx.doi.org/10.2307/2198868 https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S000293000012264X |
genre |
North Atlantic |
genre_facet |
North Atlantic |
op_source |
American Journal of International Law volume 63, issue 3, page 490-503 ISSN 0002-9300 2161-7953 |
op_rights |
https://www.cambridge.org/core/terms |
op_doi |
https://doi.org/10.2307/2198868 |
container_title |
American Journal of International Law |
container_volume |
63 |
container_issue |
3 |
container_start_page |
490 |
op_container_end_page |
503 |
_version_ |
1766136018849759232 |