Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone

Inclusive and comparative works such as Goodman's are significant in illuminating how far we have come and where we are heading.

Auteur
Dr Camille Goodman joined the Australian National Centre for Ocean Resources and Security (ANCORS) at the University of Wollongong as a Senior Lecturer in 2021. She is also a Visiting Fellow at the ANU College of Law, where she completed her PhD as a Sir Roland Wilson Foundation Scholar. Dr Goodman worked in the Commonwealth Attorney-General's Department from 2005-2020, principally in the Office of International Law, providing legal and policy advice to the Australian Government on a range of public international law issues, with a particular focus on the law of the sea and international fisheries law.

Texte du rabat

The book examines the ways coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ.

Résumé
Under the 1982 United Nations Convention on the Law of the Sea, coastal States have sovereign rights to explore, exploit, conserve, and manage the living resources of the 200 nautical mile exclusive economic zone (EEZ). However, 40 years after the adoption of the Convention, there is still a great deal of uncertainty about the nature and extent of these sovereign rights. Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone examines the ways in which coastal States can exercise authority on the basis of their sovereign rights over living resources in the EEZ. Dr Camille Goodman explores the key concepts of 'fishing' and 'fishing related activities' to establish what vessels and which activities can be regulated by coastal States, canvasses the criteria and conditions that coastal States can apply as part of regulating foreign access to their resources, and considers the regulation of unlicensed foreign fishing vessels in transit through the EEZ. Goodman also examines how such regulations can be enforced within the EEZ and the circumstances under which enforcement can take place beyond the EEZ following hot pursuit. A review and analysis of the practice of 145 States identifies the contemporary extent of coastal State jurisdiction over living resources in the EEZ and offers a unique, fresh perspective on the underlying and enduring nature of that jurisdiction. Underpinned by a rigorous examination of the Convention, jurisprudence, and literature, as well as being supported by carefully documented State practice, Coastal State Jurisdiction over Living Resources in the Exclusive Economic Zone proposes a more predictable framework within which to resolve jurisdictional challenges in the EEZ.

Contenu

• 1: Introduction

• 2: The framework for coastal State jurisdiction in the EEZ

• 3: The regulation of 'fishing' and related activities

• 4: Prescriptive jurisdiction over foreign fishing in the EEZ

• 5: Jurisdiction over unlicensed foreign fishing vessels in transit through the EEZ

• 6: Enforcement jurisdiction over foreign fishing in the EEZ

• 7: Hot pursuit and the exercise of enforcement jurisdiction beyond the EEZ

• 8: Conclusion