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A platform for research: civil engineering, architecture and urbanism
Traditional fishing rights: analysis of state practice
The recognition of traditional fishing rights is a major legal and policy issue in modern fisheries law at two levels. The first is at a purely domestic level relating to the legal recognition of traditional rights. The second level arises from the implication of the United Nations Convention on the Law of the Sea 1982 (LOSC) that has resulted in extended coastal jurisdiction over marine living resources. One consequence of the LOSC is that areas previously fished by nationals of other States have now come under the sovereignty and sovereign rights of the adjacent or opposite coastal State; necessitating legal arrangements to ensure the continuation and management of such rights. This paper analyses the types and classification of traditional fishing rights, issues and problems, as well as the state practice of traditional fishing rights that are guaranteed by one State to the nationals of another State.
Traditional fishing rights: analysis of state practice
The recognition of traditional fishing rights is a major legal and policy issue in modern fisheries law at two levels. The first is at a purely domestic level relating to the legal recognition of traditional rights. The second level arises from the implication of the United Nations Convention on the Law of the Sea 1982 (LOSC) that has resulted in extended coastal jurisdiction over marine living resources. One consequence of the LOSC is that areas previously fished by nationals of other States have now come under the sovereignty and sovereign rights of the adjacent or opposite coastal State; necessitating legal arrangements to ensure the continuation and management of such rights. This paper analyses the types and classification of traditional fishing rights, issues and problems, as well as the state practice of traditional fishing rights that are guaranteed by one State to the nationals of another State.
Traditional fishing rights: analysis of state practice
Polite, Dysi (author)
Australian Journal of Maritime & Ocean Affairs ; 5 ; 120-128
2013-01-01
9 pages
Article (Journal)
Electronic Resource
English
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