International Law of Sharks: Obstacles, Options and Opportunities

Copyright

Contents

Series Editor’s Preface

Acknowledgements

List of Figures

List of Abbreviations

List of Treaties

List of Foreign Legislation

List of Cases

1 The Case for Sharks

1 Why Sharks

1.1 Scientific Knowledge

1.2 Societal Attitudes and Approaches

1.3 Values

2 Legal Dimensions

2.1 Legal Responses

2.2 Legal Challenges

3 Global Influences

3.1 Holistic Approaches

3.2 Ecosystem-based Management

3.3 Inter-Disciplinarity

4 Moving Forward

4.1 Underpinning Principles, Concepts and Approaches

4.2 Fragmented Governance

4.3 Implementation

5 Conclusion

2 International Law Framework

1 UN Convention on the Law of the Sea (UNCLOS) and the 1995 Fish Stocks Agreement

2 International Plan of Action for Sharks

3 Convention on the International Trade in Endangered Species

4 Convention on Migratory Species and the Sharks Memorandum of Understanding

5 Key Environmental Principles

5.1 Sustainable Development and Sustainable Management

5.2 Precautionary Approach

5.3 Environmental Impact Assessments

5.4 Ecosystem-based Approach

5.5 Biodiversity Protection

6 Conclusion

3 Governance and Regulation

1 Linking Governance and Sustainability

1.1 Defining Sustainability

1.2 What is Good Governance

2 Environmental Governance Theories

2.1 Hierarchical Theories

2.2 Multi-layered Approaches

2.3 A Return to Principles

3 Regulation

3.1 Regulatory Theory

3.2 Environmental Regulation

3.3 Regulatory Pluralism

4 Governance, Regulation and Sharks

4.1 Foundations

4.2 Achieving Goals

5 Conclusion

4 Species-based Measures

1 Species-based Approaches

1.1 Background

1.2 The Emergence of Law and Policy

1.3 Defining Species-based Approaches

1.4 Substance of Species-based Approaches

1.5 Inter-disciplinarity

2 Legal Frameworks for Protection of Species

2.1 Historical Developments

2.2 International Environmental Laws

2.3 Fisheries Regulation

2.4 Other Activities Impacting Species: Marine Eco-tourism

3 Shark Specific Measures

3.1 Fishing and Finning Bans

3.2 Gear and Equipment

3.3 Supply Chain

4 Gaps and Challenges

5 Conclusion

5 Spatial and Area Measures

1 Exploring Area-based Measures

1.1 Background

1.2 The Value of Spatial Measures

1.3 Defining Protected Ocean Areas

1.4 The Substance of Protected Areas

2 Spatial Measures in International Law

2.1 International Treaties

2.2 Regional Agreements

3 Implementation of Spatial Measures

3.1 Shark-focused MPAS

3.2 Sanctuaries

4 Challenges and Opportunities

4.1 Gaps and Challenges

4.2 Synergies and Solutions

5 Conclusion

6 Institutions: Key Roles and Structural Issues

1 Background to the Law of International Organisations

2 Key Roles for International Environmental Institutions

2.1 Law-making and Standard Setting

2.2 Stakeholder Participation

2.3 Collection of Information

2.4 Monitoring, Compliance and Dispute Settlement

3 UNEP, FAO and Treaty Organisations

3.1 UNEP

3.2 FAO

3.3 CITES

3.4 CM and the Sharks MoU

4 Responses within RFMOS

5 A Shark Commission? Lessons from Whales

6 Interaction between International Institutions

7 Conclusion

7 Enforcement and Compliance

1 Legal Framework for Enforcement under UNCLOS and the 1995 Fish Stocks Agreement

1.1 In the EEZ

1.2 On the High Seas

1.2.1 Exclusive Flag State Jurisdiction

1.2.2 Boarding and Inspecting Vessels Flagged to Another State

2 Port State Measures

3 Inspections, Monitoring and Other Enforcement Processes: Lessons from RFMOS

4 Compliance with Treaty Obligations: CITES, CMS and CBD

4.1 CITES

4.2 CMS

4.3 CBD

5 Dispute Settlement Options

6 Sanctions and Trade Restrictions

7 Conclusion

8 Broader Lessons Learned: A Principled Approach

1 Lessons Learned for Sharks

1.1 International Legal Regime

1.2 Spatial and Species Measures

1.3 Structural Issues

1.4 Compliance and Enforcement

2 Lessons Learned for Other Marine Species

2.1 Commonalities between Sharks and Other Marine Species

2.2 Lessons from Other Marine Species

3 Lessons for Governance and Sustainability

4 Virtual Treaty Regime

5 Conclusion

Bibliography

Index