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

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Lugten, Gail L (1996) The impact of extra legal factors on the historical development of international fisheries law. PhD thesis, University of Tasmania.

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Abstract

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.

Item Type: Thesis (PhD)
Keywords: Fishery law and legislation, Fishery law and legislation
Copyright Holders: The Author
Copyright Information:

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).

Additional Information:

Thesis (Ph.D.)--University of Tasmania, 1996. Includes bibliographical references

Date Deposited: 19 Dec 2014 02:35
Last Modified: 20 Jul 2017 07:15
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