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Use of property rights in fisheries management. Vol. 1: Mini-course lectures and Core Conference presentations

Proceedings of the FishRights99 Conference. Freemantle, Western Australia, 11-19 November 1999.











Shotton, R. (ed.)Use of property rights in fisheries management. Proceedings of the FishRights99 Conference. Fremantle, Western Australia, 11-19 November 1999. Mini-course lectures and core conference presentations.FAO Fisheries Technical Paper. No. 404/1. Rome, FAO. 2000. 342p.


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    Part 2 of the proceedings contains papers of presentations made during the Workshop Sessions of the Conference, which were held during the last two days of FishRights99. Seventy-six papers were presented in three parallel sessions. Workshop sessions addressed the themes of: Introduction to Rights-based Management What are Property Rights? Evolution of Rights-based Management Co-Management & Rights-based Management What are Property Rights? Multiple Communities and Rights-based Manage ment Applying Rights-based Management Applying Rights-based Management to Developing Countries Responsibilities and Rights-based Management Denominating Rights Looking forward: Challenges and Opportunities. Thus, the workshop papers addressed national experiences in the design, implementation and modification of rights-based systems of fisheries management. The presentations included those made from the perspective of the fishing industry, government policy makers and administrators, legal implications as a consequence of national systems of law. Those concerned with the social and economic implications of this form of management reviewed the implications for communities affected by such changes in fisheries management approach. Many papers described specific national implementation experiences, both positive and negative, and national programme successes and 'less-than-successes'. Other papers dealt with the social, economic and legal theory appertaining to this form of management. Of the 76 papers presented during the Workshop part of the Conference, two were withdrawn after presentation and three were given only as oral presentations or in outline form.
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    The study provided an overvier of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options f or national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
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    In recent years, the traditional public right to fish in dital waters has been supplanted by limitations on access to the stocks, particularly for commercial fishers. This is achieved by statutory schemes establishing rights of varying natures. Where these rights are fully established, they highlight the legal characteristics of property. This study is a contribution by the FAO Development Law Service to teh discussion on rights-based systems in fisheries management from a legal perspective. It outlines the development history of rights-based fisheries and the terms used in property rights regimes, the governing legislation in jurisdictions that have introduced property rights in fisheries and the interpretation placed by the courts of the jurisdiction on that legislation. It also presents possible options for implementing property-based fisheries rights systems in national legislation.

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