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Commentary:The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction

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Chapter Summary

In this chapter, the author comments upon Professor Rosemary Rayfuse's concise and thought-provoking paper. Compliance and enforcement are inextricably linked in so far as compliance is rarely achieved without some degree of enforcement. In reviewing compliance with international law it is always a useful exercise to look at compliance with rights conferred on States parties by treaty and compliance with duties imposed thereunder. Disappointingly, one's knowledge of compliance with international regulation of Areas beyond national jurisdiction (ABNJ) outside the domain of high seas fisheries is poor. Professor Rayfuse's paper focuses on high seas fishing and dumping at sea as a means to illustrate the matters under consideration and to test the efficacy of current measures. The reasons for fragmentation in the law are numerous and may be traced back in some instances to a number of lacunae in the Law of the sea (LOS) Convention.

Keywords: areas beyond national jurisdiction (ABNJ); compliance; high seas fishing; Law of the sea (LOS) Convention; professor Rosemary Rayfuse



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