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The impact of extra legal factors on the historical development of international fisheries law

posted on 2023-05-26, 19:38 authored by Lugten, Gail L
THE IMPACT OF EXTRA LEGAL FACTORS ON THE HISTORICAL DEVELOPMENT OF INTERNATIONAL FISHERIES LAW Over the past two thousand years the international community has established a classical school of fisheries law based largely on custom. Only the twentieth century has been concerned with attempting to reach a universally accepted code of regulation for fisheries. This code, the Law of the Sea Convention or LOSC of 10th December, 1982 combines both ancient customary law (such as the freedom of the seas, and its corollary of freedom of fisheries), as well as innovative modern law (sun as the exclusive economic zone). Thus, the LOSC must be viewed as more than the culmination of fourteen years of negotiations in the work of the United Nations Sea Bed Committee and the proceedings of the Third United Nations Conference on the Law of the Sea. More appropriately, LOSC is the culmination of several thousand years of development across all cultures. The central theme of this dissertation is that throughout its lengthy historical development, and in the present day LOSC regime, the international law of fisheries has been, and continues to be, shaped by the impact of extra legal factors. The types of extra legal factors which are discussed in this dissertation include military, religious, economic, social, political, and biological factors. The structure of the dissertation is an eight chapter chronological account of the impact of these factors on the developing law of fisheries. The account begins with the earliest evidence of fisheries law in African, Asian and Mediterranean antiquity, and continues through to the present day. The dissertation concludes with an assessment of the extra legal factors that will impact upon the future fisheries regime. To the extent that the biggest failure of the LOSC has been its inability to address the international over exploitation of fish stocks, it is clear that conservation of the marine environment will be the extra legal priority for the new millennium.


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Copyright 1996 the Author - The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from the copyright owner(s). Thesis (Ph.D.)--University of Tasmania, 1996. Includes bibliographical references

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