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| 1 |
ID:
098766
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| Publication |
2010.
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| Summary/Abstract |
The advisory function can be assessed as a fallback procedure at a time when there is a lack of cases before international courts and tribunals. Although not legally binding and having no precedential effect, Advisory Opinions are generally accepted. This paper looks into the question of the Advisory Opinions in the International Tribunal for the Law of the Sea (ITLOS) system. The advisory function of the Tribunal is exercised by the Seabed Disputes Chamber within the terms of the United Nations Convention on the Law of the Sea. The first request for an advisory opinion was filed on 14 May 2010. The full Court may, however, render an advisory opinion based on other international agreements according to Article 138 of the Rules of the ITLOS. As a rule, the advisory procedure is open to international organizations only. There are neither claims nor parties involved in this procedure. The paper tries to address the legal regime relating to the Opinions.
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| 2 |
ID:
107080
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| Publication |
2011.
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| Summary/Abstract |
West Africa enjoys exceptionally good climatic and ecological conditions. Its coastal and maritime areas are among the richest fishing grounds in the world. These maritime waters have a high biological productivity due to the rising of deep, nutrient-rich waters at the basis of the marine food chain. This phenomenon, known as "upwelling", is caused by winds pushing the surface waters away from the land area, allowing waters from the deep ocean to rise to the surface. One of the major features of the region, from Mauritania to Cape Shilling, is the abundance of fisheries resources. The fishing industry in the sub-region has been going through a crisis since 1990 due to overfishing, overexploitation by fishermen, industrial fishing companies and especially the highly disturbing incidence of illegal, unreported and unregulated fishing. This paper looks into the applicable law through the treaty law and the case law prior to discussing States' practice in the sub-region. The latter is reflected in the laws and regulations of these States that give effect to the United Nations Convention on the Law of the Sea and that govern fishing activities in areas under national jurisdiction. State practice is also reflected in bilateral agreements between States to establish the conditions for access of foreign vessels to living resources in the exclusive economic zones. Various inter-governmental arrangements have also been developed to ensure the management of resources in the maritime region of West Africa covered by the Sub-Regional Fisheries Commission.
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