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Trading Fish, Saving Fish
The Interaction between Regimes in International Law

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Part of Cambridge Studies in International and Comparative Law

  • Date Published: April 2011
  • availability: Available
  • format: Hardback
  • isbn: 9780521765725

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About the Authors
  • Numerous international legal regimes now seek to address the global depletion of fish stocks, and increasingly their activities overlap. The relevant laws were developed at different times by different groups of states. They are motivated by divergent economic approaches, influenced by disparate non-state actors, and implemented by separate institutions such as the World Trade Organization and the United Nations Food and Agriculture Organization. Margaret Young shows how these and other factors affect the interaction between regimes. Her empirical and doctrinal analysis moves beyond the discussion of conflicting norms that has dominated the fragmentation debate. Case-studies include the negotiation of new rules on fisheries subsidies, the restriction of trade in endangered marine species and the adjudication of fisheries import bans. She explores how regimes should interact, in fisheries governance and beyond, to offer insights into the practice and legitimacy of regime interaction in international law.

    • Assesses the ability of international law to confront the crisis of fisheries depletion in the context of overlapping norms and institutions
    • Promotes a new understanding of the phenomenon of legal fragmentation which moves beyond a narrow concentration of norm conflict and dispute settlement to consider the day-to-day interaction between legal regimes
    • Exposes the role of new and emerging participants in regime interaction, including international organisations and non-governmental organizations (NGOs)
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    Awards

    • Winner, 2016 Woodward Medal in Humanities and Social Sciences, University of Melbourne

    Reviews & endorsements

    '… a beautifully written work based on extremely thorough research which effectively opens a new area of scholarship to the academe … Anyone interested in the issues of fragmentation, coherence and interaction in international law must read this book and many will wish to pick up the research themes outlined in it in their own research.' IUCN Academy of Environmental Law

    'Trading Fish, Saving Fish is an extremely insightful book and will reward careful reading, whether for a wider view of current fragmentation problems or for a highly specific consideration of aspects of fisheries law. On both counts the book represents scholarship of the most accomplished order and posits a valuable contribution to the emerging reconsideration of regimes and their functions within a fragmented international order, alongside important insights into the practical mechanics of fisheries governance.' Richard Caddell, Transnational Environmental Law

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    Product details

    • Date Published: April 2011
    • format: Hardback
    • isbn: 9780521765725
    • length: 408 pages
    • dimensions: 229 x 152 x 24 mm
    • weight: 0.71kg
    • availability: Available
  • Table of Contents

    Part I. Trading Fish, Saving Fish:
    1. Introduction
    2. Relevant laws and institutions: an overview
    Part II. Selected Case-Studies:
    3. The negotiation of WTO rules on fisheries subsidies
    4. The restriction of trade in endangered marine species
    5. Adjudicating a fisheries import ban at the WTO
    Part III. Towards Regime Interaction:
    6. From fragmentation to regime interaction
    7. A legal framework for regime interaction
    8. Implications for international law.

  • Author

    Margaret A. Young, University of Melbourne
    Dr Margaret Young is an Associate Professor at Melbourne Law School, University of Melbourne, Australia. She was the inaugural Research Fellow in Public International Law at Pembroke College and the Lauterpacht Centre for International Law, University of Cambridge, from 2006 to 2008.

    Awards

    • Winner, 2016 Woodward Medal in Humanities and Social Sciences, University of Melbourne

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