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Instructors: Dr. Ekaterina Antsygina
Event type:
Lecture
Displayed in timetable as:
Internationales Fisc
Hours per week:
2
Credits:
2,0
Language of instruction:
English
Min. | Max. participants:
- | -
Comments/contents:
Welcome to the course "International Fisheries Law".
This course aims to provide an introduction to international fisheries law. It is open to all students interested in ocean governance and the sustainable management of marine resources and biodiversity. Participants of the following specializations are especially invited to sign up for the course:
SPB XII: Maritimes Wirtschaftsrecht
SPB X: Europa- und Völkerrecht
SPB VIII: Umwelt- und Planungsrecht
The course includes a brief introduction to the basic principles of the law of the sea (e.g., maritime zones, flag and port State jurisdiction), but participants will benefit from basic knowledge of the law of the sea in line with the learning goals of the courses "Seevölkerrecht I and II".
The course is conceived as a lecture (with PowerPoint slides) and plenty of room for questions and discussion. We will begin at 12:15 every Thursday (starting October 27), classroom Rhs EG 15/16. Please do not hesitate to approach me prior to or after each session (or via email) if you have any questions or comments.
International Fisheries Law (Outline)
International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national levels. For the purposes of this course, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.
Information on Exams
German participants who are enrolled in SPB XII (Maritimes Wirtschaftsrecht) will not take a separate exam for this course. However, the learning goals of this course overlap with the learning goals of Seevölkerrecht I/II to a considerable extent, while going significantly beyond the required knowledge. As such, the course is both optional and complementary.
Participants who are enrolled in the ERASMUS programme, free movers, and others may take an oral exam (conducted in English) of 15 minutes per participant on the subject of the course. Each examination will be conducted in a group of 2-4 students (i.e. the examination will take between 30 and 60 minutes in total, with 15 minutes allocated to each participant). Those who need to do such an examination are kindly requested to approach me towards the end of the course so that I can set the dates for the examinations (ekaterina.antsygina@gmail.com). Thereafter, I will set the exact dates for the exams.
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