Shopping cartThe International Journal of Marine and Coastal Law
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The Fisheries Issues of the 2004 Second European Union Accession Treaty: A Comparison with the 1994 First Accession Treaty
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The 1994 and 2004 Accession Treaty and Act of Accession require that the Applicant Member States adopt EU legislation and policy. The goal of the Accession Treaty is to phase out Applicant Member State legislation and institute the pre-emptive role of EU law. The EU fisheries acquis directly affects natural and juridical persons. Member states maintain legislative competence within 12 nautical miles during the transitional period, which ends in 2012. With the exception of specific areas delegated to Member States, national provisions will then be terminated. The "relative stability" and national quota regulations remain in effect and deter direct fishing by other Member States' vessels. Quota hopping, on the other hand, opens the door to foreign fishing interests. A new system of individual transferable quotas will further contribute to the decline of the inherent discrimination amongst EU citizens within fisheries sector.
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The Nigerian Territorial Waters Legislation and the 1982 Law of the Sea Convention
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Nigeria is a coastal state located strategically on the West Coast of Africa in the Gulf of Guinea. After gaining independence in 1960 it enacted legislation in 1967 on its territorial waters, which has been amended twice, in 1971 and 1998. After participating in the Third United Nations Conference on the Law of the Sea (UNCLOS III) it became a party to the 1982 Convention on 14 August 1986. This article examines the laws governing the Nigerian territorial waters vis-à-vis the LOSC provisions on the territorial sea with a view to pinpointing how far these laws are in compliance with the relevant provisions of the LOSC.
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The Limits of International Adjudication in International Environmental Law: Another Perspective on the Southern Bluefin Tuna Case
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The Southern Bluefin Tuna case has provoked extensive commentary examining the implications of the litigation for the settlement of controversies involving the dispute settlement mechanisms of multiple treaties. However the case has a much broader significance. Drawing upon an analysis of the impact of the litigation on the Commission for the Conservation of SBT, this article explores the role of international adjudication in securing positive environmental outcomes. The case illustrates the significance of provisional measures in responding to environmental threats. However, judicial settlement is subject to several major limitations: generally it is reactive, can only involve a few parties and can only deal with a limited set of legal questions. More fundamentally, the effectiveness of international courts or arbitral panels may be constrained by the nature of environmental instruments themselves, which often lack precision in terms of objective rules of conduct and are often deeply ambivalent in terms of their objects and purposes.
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Books Received
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Book Reviews
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Announcement
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