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Chapter 6 - From fragmentation to regime interaction

Published online by Cambridge University Press:  28 April 2011

Margaret A. Young
Affiliation:
University of Melbourne
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Summary

Interagency cooperation and coordination (under development)

The three case studies canvassed in this book provide clear examples of regime interaction in fisheries governance. In Part II, I investigated regime interaction that occurred during the negotiation, implementation and adjudication of norms. Chapter 3 analysed the making of new rules on fisheries subsidies, Chapter 4 assessed the implementation of existing commitments within the CITES and FAO regimes, and Chapter 5 examined the adjudication of trade disputes surrounding fisheries at the WTO. In this Part, I draw on my findings to make significant claims about regime interaction in international law. The phenomenon of fragmented fisheries governance provides important insights into the interests and motivation for regime interaction. Based on the factors that promote and obstruct regime interaction, I make normative arguments for how appropriate regime interaction should occur, and I offer tentative ideas for a legal framework for regime interaction. This legal framework has relevance beyond fisheries governance, and I conclude on its implications for legal doctrine and theoretical debates in international law.

In the current chapter, I document the move away from forum shopping and towards regime interaction. In the different contexts of my case studies, certain factors either promoted or obstructed regime interaction. Inter-regime learning and coordination at both the national and international level were significant factors that allowed different regimes to address problems of fisheries over-exploitation. On the other hand, an emphasis on delimited competences and mandates, inaccessible decision-making and parallel state membership significantly obstructed regime interaction.

Type
Chapter
Information
Trading Fish, Saving Fish
The Interaction between Regimes in International Law
, pp. 243 - 266
Publisher: Cambridge University Press
Print publication year: 2011

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References

Gerald, Fitzmaurice, ‘Some Problems Regarding the Formal Sources of International Law’ in Symbolae Verzijl (1958) 153, 157Google Scholar

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