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Fishery Management, Excludability and Biodiversity

SLS/BIICL Symposium on the Law of the Sea 22-23 March 2005 Dr Richard Barnes ‘The Future of Fishing’. Fishery Management, Excludability and Biodiversity. Tragedy of the Commons and Fisheries Regulation. The Problem of Open Access The Solution? Privatisation or Communal Ownership

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Fishery Management, Excludability and Biodiversity

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  1. SLS/BIICL Symposium on the Law of the Sea22-23 March 2005Dr Richard Barnes‘The Future of Fishing’

  2. Fishery Management, Excludability and Biodiversity

  3. Tragedy of the Commons and Fisheries Regulation • The Problem of Open Access • The Solution? • Privatisation or Communal Ownership • Excludability • Limits on Excludability • Physical • Legal constraints in the ‘public interest’

  4. International Fisheries Law • 1982 Convention • Part V: Stewardship of Living Resources? • Compliance Agreement • Fish Stocks Agreement • Convention on Biological Diversity • Non Binding Instruments • Public Responsibilities: • Sustainable Fishing – Biodiversity - Precaution

  5. Private Property-Based Rights • Property - Sticks in a Bundle • The ITQ - What Rights? • Excludability and transferability • Not management. Limited Duration. • Can it satisfy the Public Requirements of Fishing?

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