Legal Implications of the »Common Heritage« Principle for Atlantic Bluefin Tuna
2021. 242 S.
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ISBN 978-3-428-15833-1
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ISBN 978-3-428-55833-9
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Description

Many fisheries management systems have individual rights at their basis but are not always successful. The question is what would have to change in fisheries law when community rights form the basis of management. Applying this idea globally, the principle of the common heritage of humankind could provide a future foundation. The principle incorporates intra- and intergenerational justice and has a clear biocentric component but is now only applicable to the ocean floor beyond national jurisdiction and to celestial bodies other than Earth. If this principle would also apply to highly migratory fish species like Atlantic bluefin tuna, not only an analysis of the applicable law but also of the principle´s roots in environmental ethics, the economic consequences of such application and a comparison with the idea of public trusteeship provide helpful insights. It appears that the common heritage of humankind can enable both utilisation and preservation of natural resources.

Overview

A. Introductory Remarks: Towards a Research Question – Atlantic Bluefin Tuna – Methodology – Structure
B. On the Freedoms of the High Seas: Freedom of Fishing – Basis of International Fisheries Law – Cooperation in International Fisheries Management – Utilisation and Conservation in International Fisheries Law – Responsibility in International Fisheries and for the Ecosystem – Fisheries Management concerning Atlantic Bluefin Tuna – Illegal, Unreported and Unregulated Fishing
C. On the Common Heritage of Humankind: Towards a Marine Common Heritage – Common Heritage as Limitation of the High Seas Freedom – Comparison with Other Regimes – Difficulties of Denomination – Positive Law and Natural Law – Sources of International Law – Common Heritage: Old Wine in a New Bottle? – Common Heritage in International Fisheries Law
D. On Justice Between Humans and Their Natural Environment: Intragenerational Justice – Peaceful Use as a Prerequisite for Justice – Intergenerational Justice – Biocentric Justice – The Price of Conservation – Justice in International Fisheries Law
E. On Public Trusteeship: Management and Public Trusteeship — Non-Appropriation as a Prerequisite for Public Trusteeship – Public Trusteeship in Contemporary Fisheries Management – Public Trusteeship in Fisheries de lege ferenda – Economic Aspects of Public Trusteeship in Fisheries
F. By Way of Conclusion: Picking up the Threads
Legal Instruments
Cases
Bibliography, Person and Subject Index

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