American society of Int'l law..stopping illegal fishing in somali maritime zones.

[burahadeer]

http://www.asil.org/pdfs/insights/insight120315.pdf

[NASSIR]

It is a well-established principle of public international law that coastal state sovereignty

extends to the territorial sea. In an area beyond and adjacent to the territorial sea, the socalled Exclusive Economic Zone (“EEZ”), the coastal state has sovereign rights to explore and exploit, conserve and manage the natural resources. The coastal state’s management responsibilities include determining the allowable catch of living resources in its EEZ.[12]

However, as

the 1972 Somalian territorial sea claim contravenes public international law,

and since there is no Somalian EEZ legislation in place, the Somalian government arguably

lacks exclusive fishing and fishery management rights in the waters off the Somalian coast.

This view is prominently expressed by the Adviser to the Secretary-General on Legal Issues

related to Piracy off the Coast of Somalia, Jack Lang:

"In the absence of delimitation in

accordance with international law, Somalia is legally deprived of a territorial sea and an

exclusive economic zone."[13] A consequence of this would be the unrestricted access of

international fishing fleets to the natural resources in these waters.

Thanks burhadeer for posting this valuable work!

[NASSIR]

Monday, August 30, 2010

by Dr. Alexander Mezyaev

Link

The key legal question in the piracy cases is whether the international community is indeed encountering pirates and if it is "are they Somali pirates? The 1982 Convention states clearly that piracy is an act perpetrated in the open sea, that is, not in any country's territorial seas and adjacent zones. The 1982 Convention limited the maximal width of a territorial sea to 12 nautical miles(roughly 22 km), but

Somalia had set its territorial sea width at 200 nautical miles (370 km) by its Law # 37 of 1972. The latter law establishes that only ships under the Somali flag or those with a license from the Somali government are authorized to sail or fish in the country's territorial waters.

Similarly, several countries Congo, Benin, Ecuador, Salvador, Liberia, and Peru set their territorial sea widths at 12 nautical miles, meeting with no objections from others as there are no legal grounds for disputes over the matter.*

 

Problems arise in the case of Somalia solely due to the fact that the country has no effective central government, and the demise of the Somali statehood opens vast opportunities to loot its natural resources.

Somalia was under pressure especially from France, Norway, and Spain - to scrap the 1972 law during the reign of Mohamed Siad Barre

whose ouster in 1991 triggered the country's collapse. Several countries hoped the waters would be opened for fishing and, moreover, oil grands were also keenly interested in the region......*

 

by Dr. Alexander Mezyaev,

Head of Chair of the International Law, Governance Academy (Kazan'), Strategic Culture Foundation expert, was published in International Affairs magazine.

Another important piece of info worthy quoting... President Barre was a Somali hero..

[burahadeer]

NASSIR;812786 wrote:

Thanks burhadeer for posting this valuable work!

 

you welcome....maybe we let the turks do the job for us.