Research guide to international and regional fisheries regulation of the Mediterranean

RESEARCH GUIDE TO

by LARRY MIRANDA “Dedicated to MEDASSET, the Mediterranean and especially Caretta caretta”

MEDASSET - Mediterranean Association to Save the Sea Turtles Tel.: + 301 3613572, + 301 3640389, Fax: + 301 3613572 E-mail: medasset@hol.gr www.euroturtle.org http://www.exeter.ac.uk/MEDASSET

Š Copyright 2000 by Larry Miranda

Copyright Š 2000

by Larry Miranda

INTERNATIONAL AND REGIONAL FISHERIES REGULATION OF THE MEDITERRANEAN This research guide is dedicated to the memory of Cyrille de Klemm, environmental lawyer, legal advisor to the Ramsar Convention on Wetlands, and long time advocate for biological diversity. Before passing away on 1 April 1999, he suggested the need for such a guide to Lily Venizelos of MEDASSET in order to continue smoothing the way for environmental legal protection and preservation of Mediterranean sea turtles and other marine resources. ______________________________________________________________________________________

The Mediterranean Association to Save the Sea Turtles (MEDASSET) is committed to worldwide conservation and protection of sea turtles and their marine ecosystems. As a regional and international NGO, it has initiated, conducted, and funded coastal and offshore scientific research, educational programs, and has provided valuable information and data for the drafting of protective legislation for Mediterranean sea turtles.

It believes, however, that despite recent national, regional, and international conservation measures, recommendations, and protective legislation, effective enforcement and compliance to ensure survival of sea turtles is still far from adequate. Governments and local authorities not only need to co-operate and implement effective measures for conservation, but must establish and fund national marine protection agencies in order to fulfil the purpose and goals of legislation already in place. MEDASSET considers environmental regulatory compliance as the single most important element lacking to prevent extinction of Mediterranean sea turtles.

Commitment for resource protection remains as one of the greatest political and environmental challenges facing the Mediterranean region today. As we enter into the 21st century the MEDASSET will continue making every effort to bring about the political will and change necessary to fully protect the Mediterranean and its marine resources. With this in mind, the following legal research guide has been written in order to assist the scientific and legal communities to succeed in their efforts to this end.

ABSTRACT The harmful impact of large-scale pelagic driftnet fishing on Mediterranean marine resources has long been recognized by the international and European communities. This guide will provide the researcher with an overview and synthesis of regional and international legal and nonlegal resources addressing driftnet fishing.

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INTRODUCTION Member states of the United Nations, European governments, and the European Union (EU) have entered into a number of international and regional agreements in an attempt to reduce overfishing and species depletion throughout the Mediterranean Sea. A fishing technique receiving particular attention in the agreements is the modern practice of suspending miles of gill driftnets for targeted fish, such as tuna and swordfish. Nets set by fisherman have been reported as long as 48 miles in coastal waters and perhaps as much as 75 miles in open water. Basically, they are invisible 50-foot walls catching anything swimming in their path. When pulled aboard fishing vessels, tuna, swordfish, and other targeted commercial species are then sorted from unwanted species, or bycatch. The commercial species are processed and the bycatch are discarded. Dolphins, whales, seaturtles, birds, seals, and many other marine animals attracted to fish already trapped in the nets become entangled, usually drown, and comprise a significant percentage of the bycatch. If they manage to escape, they will likely die in several months from injuries, starvation, or both.

Given the cross-disciplinary nature of international environmental law related to fisheries and conservation management, secondary authority is also provided from treatises, law review articles, and internet resources. This guide is developed as a basic resource for the legal and scientific researcher interested in international driftnet regulation with a particular focus on regional regulation for the Mediterranean.

When this fisheries increased dramatically on the high seas in the 1980s, concern for adverse impacts of large-scale driftnet fishing on living marine resources was raised by individuals, scientists, and non-governmental organizations and brought to the attention of the United Nations. After reviewing more than 30 years of extensive research, reports, and other evidence that driftnets were responsible for overexploitation of targeted marine resources, waste of nontargeted species, and hazardous to international shipping and navigation, the U.N. responded in December 1989 when it unanimously adopted General Assembly Resolution 44/225 (http://www.un.org/documents/ga/res/44/a44r225.htm). Unless effective measures were taken to ensure the sustainability of marine resources, the resolution called for a general moratorium by 30 June 1992, and required the international community to take immediate action to reduce pelagic driftnet fishing by ceasing expansion of driftnet activities in specific areas on the highseas. Member states agreed after the three-year time frame that efforts undertaken were insufficient and the moratorium went into effect. Since then, both EU and nonmember states surrounding the Mediterranean have responded in order to meet their obligations under the U.N. resolution.

OVERVIEW OF THE UNITED NATIONS The General Assembly, Security Council, the Economic and Social Council, Trusteeship Council, International Court of Justice, and the Secretariat are the six principal organs of the United Nations. The 1945 U.N. Charter established the infrastructure, provides each body its international legal authority, and is a binding agreement for its member states acknowledging fundamental tenets of international law. The Charter may be found in 1 United Nations Treaty Series (U.N.T.S.) xiv, Basic Documents in International Law 2, edited by Ian Brownlie (3d ed.

O.U.P., 1983), Yearbook of the United Nations, and as a supplement in many international law casebooks. Recent French and German Charter commentaries are, La Chartes des Nations Unies: Commentaire Article par Article, by Jean-Pierre Cot & Alain Pellet (Economica, 1985) and 3

Charta der Vereinten Nationen: Kommentar, Bruno Simma, ed. (Beck, 1991). A comprehensive English commentary, Charter of the United Nations: Commentary and Documents, Leland M. Goodrich et al. (3d ed. Columbia University Press, 1969) is the only English article-by-article commentary.

The General Assembly is composed of representatives of the U.N. member states and each state has only one vote. There is divided opinion by international law scholars whether General Assembly resolutions have binding international authority. A literal reading of the Charter states that its basic function is to initiate non-binding recommendations or resolutions. However, most member governments, at one time or another, have held certain resolutions and declarations do carry the authority of international law. It should also be noted the U.N. Charter has no provisions for an organ dedicated solely to the global environment. As a consequence, the General Assembly has been entrusted with environmental issues in addition to a wide range of other international issues.

A whole host of subsidiary organs have also been established under the General Assembly and the Economic and Social Council, for example, the Food and Agricultural Organization (FAO), the U.N. Environment Programme (U.N.E.P.), the U.N. Institute for Training and Research (UNITAR), the U.N. Educational, Scientific and Cultural Organization (UNESCO), and the International Maritime Organization (IMO). In a nutshell, the legal function of the General Assembly is to interpret customary law, the U.N. Charter, and international law such as the Law of the Sea. Its resolutions generally have no binding or enforcement authority, but may still have important legal effects by providing evidence and calling members’ attention to their international commitments under treaties or conventions and other multilateral agreements they are party to. The General Assembly and FAO are probably the two most important U.N. bodies for the driftnet researcher.

On the other hand, the International Court of Justice (ICJ) (International Court of Justice (ICJ) (http://www.icj-cij.org/) does not provide many fisheries decisions for the researcher.

Strong global support for the ICJ is lacking because many countries view its authority to review international disputes threatens national sovereignty and other state interests. As a result, only a third of the UN member states have agreed to be bound by ICJ decisions. Governments also avoid the world court because enforcement of its decisions is based more on a code of honor than any code of law. States, therefore, tend to seek other alternatives for environmental disputes, such as The International Tribunal for the Law of the Sea (ITLOS) (http://www.un.org/Depts/los/ITLOS/ITLOShome.htm).

Still, the U.N. is the probably the most important international organization concerned with marine and fisheries issues. Understanding its structure and how it works is essential for the Mediterranean driftnet researcher. Some helpful background sources available in English include Basic Facts About the United Nations ((10th ed. U.N., 1986), Guide to United Nations Organization (U.N., 1989), Documentation & Publishing for Students, Researchers, Librarians

by Peter I. Hajnal (Oceana, 1978), Encyclopedia of the United Nations and International Relations by Edmund J. Osmanczyk (2d ed. Taylor & Francis, 1990), and International Organizations - A Dictionary and Directory by Giuseppe Schiavone (3d ed. St. Martin’s Press 1995).

U.N. DOCUMENTATION

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Symbols used for U.N. documentation include sets of capital letters combined with figures.

The structure is explained at http://www.un.org/Depts/dhl/resguide/symbol.htm and publications are listed at http://www.un.org/Depts/dhl/resguide/symbol.htm#symbol. The documentation points to the U.N. body issuing the document or the one the document will be submitted to. It should also be noted that all official U.N. language versions of the same document use the same citation symbols and procedure . The following are common examples: 1. For one of the main organs: A/. …

E/. ...

ST/. ...

refers to the General Assembly Economic and Social Council Secretariat

2. Programs and other bodies under a parent organ: UNEP/...

DP/...

TD/...

United Nations Environment Programme UN Development Programme UN Conference on Trade and Development

3. Secondary or tertiary symbols for subsidiary bodies: -/AC. .../-/CN. .../-/CONF. .../-/GC. .../-/SC. .../-/Sub .../-/WG. .../-

Ad hoc committee Commission Conference Governing council Subcommittee Subcommission Working group

4. Symbols indicating the type of document: -/NGP/-/PRST/-/PV .../-/RES .../-/SR .../-/WP .../-

Statements by non-governmental organizations (NGOs) Statements by the President of the Security Council Verbatim records of meetings Resolutions Summary records of meetings Working papers

5. Modifications to an original text are indicated as follows: -/Add. …

-/Amend. …

-Corr. …

-/-*

Addendum Amendment of an adopted text Corrigendum (correction to a particular text, which may not apply to all language versions of the text Reissuance of a document for technical 5

reasons 6. The document numbering system is sequential and normally ends the citation: A/55/25

A/55/447

Corr. 1

A/CONF.151/PC/INF.8

UNEP/GC.18/29/Corr.1

General Assembly, 55th session, document no. 25, report of the Governing Council of the United Nations Environment Programme General Assembly, 55th session, document no. 447, corrigendum (an error to be corrected) no. 1 on the report on the Contribution of the United Nations Environment Programme to the Implementation of Agenda 21 and the Programme for the Further Implementation of Agenda 21 General Assembly, United Nations Conference on Environment and Development, Preparatory Committee, information series, document no. 8 United Nations Environment Programme, Governing Council, 18th session, document no. 29, corrigendum no. 1

OVERVIEW OF THE EUROPEAN COMMUNITY The European Community is a regional organization sometimes described as a supranational institution where some transfer of sovereignty of its member states has been intentional and regionally acceptable. The European Community was created shortly after World War II to unite and develop post war European countries economically. Its membership has grown from the original six to fifteen European states and several more have applications pending. Although it was originally developed as an economic union its role has been expanding into a social and environmental union as well. Growing regional environmental concerns have gave rise to the creation of the union's Environment, Nuclear Safety, and Civil Protection Directorate and the European Environment Agency. In 1972, European Heads of State met and decided common goals in environmental law and policy were essential. Since then, more than 500 legislative acts relating to environmental protection have been put into force and an environmental legal framework established under Articles 174 to 176 (130r to 130t) of the EC Treaty.

Moreover, the EU is responsible for taking specific legislative action for carrying out the UN driftnet moratorium in the Mediterranean. For example, under Council Regulation, (EC) No 894/97: OJ L 132, 23.5.1997 laying down certain technical measures for the conservation of fishery resources (later amended by Regulation No 1239/98), to ban driftnets longer than 2.5 km.

To better understand its relationship with the UN and its specific role in the driftnet controversy, it is necessary for the interested legal researcher to develop a basic understanding of the EU infrastructure and processes related to Mediterranean driftnet regulation. Of course, it will also 6

be helpful to point to numerous international environmental agreements in which the EU or its member states are party to and concern many of the environmental issues surrounding driftnet fishing in the Mediterranean.

HISTORY AND INFRASTRUCTURE OF THE EUROPEAN COMMUNITY The European Community (EC) is comprised of three institutional communities, the European Coal and Steel Community (ECSC), the European Economic Community (EEC), and the European Atomic Community (EURATOM). The ECSC was formed under the Treaty of Paris, 18 April 1951 (http://europa.eu.int/abc/history/1951/1951_en.htm. The EEC and EURATOM were established under the Treaties of Rome (also known as the EEC Treaty), and went into effect on 1 January 1958 (http://europa.eu.int/abc/history/1957/1957_en.htm. The next major institutional changes came about with the 8 April 1965 Merger Treaty by establishing a single Council and Commission for the EC and a framework for a single budget (http://www.europarl.eu.int/dg4/factsheets/en/1_1_2.htm). It entered into force on 1 July 1967.

Twenty years later, the Single European Act (SEA) introduced a series of significant changes to the EEC Treaty when the SEA took effect on 1 July 1987. Under the SEA, the Parliament's democratic powers were strengthened in order to balance the Commission's decision-making process and the role for the Council of Ministers was improved upon. A more extensive internal market was created, community research and technological development were enhanced, and common social and environmental policies formulated. The SEA led the way for the next important step in uniting the peoples of Europe when the Treaty on European Union (TEU) was signed in Maastrict 7 February 1992 (http://www.europarl.eu.int/dg4/factsheets/en/1_1_3.htm).

The TEU created the Economic Monetary Union (EMU) for greater integration and coordination of national fiscal and economic policies for the benefit of the citizens of the member states by expanding on common markets and employment opportunities. It was also responsible for creating a common European citizenship and developing a foreign and security policy common to its member states. Social, legal, and international policies of the TEU were further refined and consolidated under the Treaty of Amsterdam in 1997. The acronyms, EC and EU are sometimes used interchangeably, as are EEC and EC, but the correct distinctions are based on the Treaties.

The term European Union (EU) was introduced by the TEU in 1993 and marks a distinct time in Europe's movement for a union of member states. Any initiatives predating the Maastrict Treaty are correctly termed European Community (EC). As a consequence, the original EEC Treaty simply became the EC Treaty.

Four primary administrative and legislative organs consolidated under the TEU make up the infrastructure of the community: the Council of Ministers, the Commission, the European Parliament, and the European Court of Justice. The Council of Ministers (hereinafter Council) is primarily the legislative body. It is composed of government representatives from the member states, it determines the policy to be implemented by the Commission, and it appoints the members of the Court of Justice. The Commission is the executive body responsible for proposing EU policy and is mandated under the Treaty of Rome to carry out the treaties establishing and defining the EU and its institutions. It is composed of 20 members nominated by each government. Larger states nominate two commissioners while smaller states are represented by one. Both the Council and Commission may make regulations, issue directives, decisions, 7

recommendations, and opinions. All of these legislative acts are reported in the Official Journal (OJ), the Community gazette.

The Commission is then divided into 24 Directorates-General (DG) which are responsible for specific policy areas, for example DG XIV for Fisheries. Commissioners are responsible to specific directorates. Basically, proposals initiated by the various Commission directorates are passed onto the Council for legislative action. A second Commission function involves implementing Council decisions that may entail legislation on the part of the Commission. It is also responsible for investigating infringements by member states of EU law, and if necessary, bringing the member to the Court of Justice for judicial review.

The European Parliament balances the power of competing national interests found in the Commission and the Council. The Parliament is composed of over 500 members directly elected by the citizens of the individual states. Although it serves in a primarily advisory capacity and has no legislative authority, its elected members have considerable legislative influence and limited veto powers, and controls EU funding and appropriations. It also exerts some political control over the Commission and is granted supervisory powers over the Council.

Final review and interpretation of EU treaties and laws is provided by the European Court of Justice (ECJ) (Court of Justice (ECJ) (http://www.curia.eu.int/en/index.htm). As the Supreme Court of the Community, it also hears and decides on matters of law referred to it by national courts of the member states. Due to its increasingly heavy workload, the Single European Act (SEA) in 1986 provided for a new Court of First Instance (CFI) to help trim the docket of the ECJ. It commenced proceedings in 1989. Appeals of CFI decisions may be reviewed by the ECJ. Unlike the application of the American and English doctrine of stare decisis, the ECJ looks more to the spirit of the treaties than the letter. Fifteen judges, one from each state, make up the court. Although its decisions may provide persuasive authority for future cases, the court is not required to follow precedents in the face of different facts. It is also important to note when conflicts arise between Community law and the national law of a member state, the ECJ has held primary and secondary Community law is superior to national law including state constitutional law.

SOURCES OF EU LAW There are five basic sources of EU law. Primary sources include, (1) the original treaties and amendments created by the Community. Secondary sources are comprised of legislative acts of the EU organs. In hierarchical order, they include (2) institutional regulations, directives, and decisions, (3) international treaties made between the community and other states or international organizations, (4) general principles of community law derived from ECJ caselaw, and (5) custom.

While complex, uniformity of EU law has perhaps been the single greatest factor in EU cooperation and success. EU 'regulations', the highest form of secondary Community law, are binding on all member states. In effect, regulations are comparable to national law. While addressing what is required by all of the member states, they also provide state discretion for 8

methods to be used for fulfilling the goals of the regulation. Only the Council and Commission have the authority to regulate under the TEU. Directives and regulations are similar, but goals of directives unlike regulations, must be accomplished within a specific time frame. Both the Council and Commission may issue directives, regulations, decisions, recommendations, and opinions. Decisions are also binding on member states. Decisions, unlike regulations and directives however, are binding in their entirety. They may be binding on individual states, companies and corporations, or specific individuals of a particular state. Decisions are issued by the Council and Commission and may be compared to taking administrative action against a state(s) or individual(s) pursuant to national law. In addition to regulations, directives, and decisions, it may be helpful for the driftnet researcher to look at community recommendations and opinions.

EU DOCUMENTATION AND CITATIONS SIMPLIFIED The Official Journal (OJ) is the community's official publication containing texts of legislation, draft legislation, announcements, and other information on community activities. Four official publications span the years from 1952–to the present. In French, the Journal Officiel de la Communaute Europeenne du Charbon et de l'Acier (1952-1958), Journal Officiel des Communautes Europeennes (1973–Present), and Journal Officiel des Communautes Europeennnes (1958-Present). English versions include, the Official Journal, (Special Edition, 1952-1973) and Official Journal of the European Communities (1973-present) is the English publication.

The OJ is comprised of two parts, the L (Legislation) series and the C (Communications) series. The L series publishes EU legislation including directives and regulations issued by the Commission and Council, and other binding community acts. The C series includes, "Information and Notices," a section containing non-binding decisions and resolutions of the various community institutions, proposed legislation, the Commission and Council responses to official written questions, Economic and Social Committee opinions, notices of ECJ decisions, and Minutes of the European Parliament. In addition to OJ hardcopies and microfiche, commercial CD-ROM subscriptions and online legal sources are also available at http://europa.eu.int/eur-lex/, http://www.eudor.com/, http://www.lexis-nexis.co.uk/, http://europa.eu.int/celex/htm/celex_en.htm, and http://www.westlaw.com/. These sources vary in services provided and several are offered only through different price plan subscriptions.

Five or six elements normally make up an EU legislative citation. The citation begins by identifying the institutional organ the legislation originated from, e.g. the Commission or Council. It is followed by an abbreviation of the type of legislation, i.e., Regulation (or Reg), Directive (or Dir), or Decision. Then the document number, followed by the year the legislation was enacted and treaty authority of the legislation (EEC or EC), ECSC, or EURATOM), and finally the date. The researcher will find treatises and other works on community law taking liberties with the citation form, for example, one may find legislation written as 1987 Reg 493/87 (OJ 1987-050/13), Commission Regulation 493/87, or simply Reg 493/87 (EEC). In most cases, however, the OJ citation will follow the EC citation for clarification. If you are fortunate you may find a perfect citation for the same fisheries legislation that reads, Commission Regulation 9

(EEC) No 493/87 of 18 February 1987, OJ L 050 19.02.1987 p. 13. The table below offers several more examples with explanations:

Regulations

Directives, decisions, and other legal acts

Official Journal

(EC) for the EC Treaty Regulation No 1570 (a consecutive number system) and 99 is the year it was made 83 for issuing year of 1983 Council Directive 515 is the number of the Directive or 83/515/EEC other act and EEC for the original EEC Treaty OJ, Official Journal (or JO, Journal OJ L 290 22.10.1983 p.15 Officiel), L 290 is the issue of the L series, 22.10.1983 is date of issue, and p.15 is the page number.

Council Regulation (EC) No 1570/99

One more helpful key to this system is knowing at the outset what legal act you are interested in because a single OJ citation, for example, could be referring to a directive, decision, or recommendation. Note also that regulations normally begin with the treaty followed by the document number, and then date. On the other hand, directives, decisions, and other legal acts are routinely written in the reverse, beginning with the year, followed by the document number, and then the treaty.

FINDING TOOLS AND RESEARCH STRATEGY A. Official Journal Resources 1. Index to the Official Journal of the European Community: Volume 1 is the Alphabetical Index and lists community legislation and ECJ cases and final rulings. It is issued monthly and annually. Volume 2 is a Methodological Table listing regulations, directives, and decisions by document number. It is also issued on a monthly and annual basis.

2. Directory of Community Legislation in Force and other acts of the Community Institutions: Volume I lists 20 chapters of legislation arranged by subject. It is published each June and December and includes all binding secondary community legislation in force from 1952 to the present. Volume II is a chronological and alphabetical directory providing legislative history of the acts listed in Volume I. 3. European Communities legislation: Current Status 1952-present : It is published as two volumes listing chronologically the document number and title of the legislation, as well as the OJ citation. It covers legal acts listed in the English Special Edition from 1952-1973 and then on a yearly basis to the present and includes acts no longer in force.

4. Bulletin of the European Union: It is a bulletin published 10 times a year and provides a topical index with references to the OJ and other materials.

B. Strategy for Finding Specific Acts 1. If the researcher has the OJ citation for an issued directive, check the OJ issue for the cited year. If the researcher has only the directive citation, several other options are possible. Try 10

checking the Methodological Table for the cited year and the Table will cross-reference the directive citation to an OJ citation. Another alternative is the European Union Law Reporter (Formerly the Common Market Reporter or CCH). It provides a "Finding List" in Volume 4.

Another tool is the European Communities Legislation: Current Status, which provides OJ cross-references.

If on the other hand, the researcher has no citation, all is still not lost. Try using subject references in the "Topical Index" of the CCH, the Directory of Community Legislation In Force, or the Encyclopedia of European Community Law. In the encyclopedia, check Part C "Secondary Legislation" which is arranged topically in 11 volumes. Or try Europa at http://europa.eu.int/, click on the language of choice to go to the index, and then open the "Legal text" link and follow one of the pathways to lead you in your subject or topical search. For example, follow the table below.

Open "Community legislation in force," then open the "Fisheries" link. Select one of the directories listed for specific legislation or perform a plain text "Search" for topic or keyword queries.

Or one may begin by opening the "Official Journal" and follow latest updates of the L and C Journals. Previous issues are available through http://eudor.eur-op.eu.int/. There is also the TED Supplement to the Official Journal at http://ted.eur-op.eu.int/ojs/en/eurlex.htm

You also have the option in the same directories to perform specific document searches for Decisions, Directives, or Regulations There is also the option of using a chronological list of journals or issues by language type. A search engine for OJ documents is still another path option with full or partial citations.

Another excellent database available online (formerly, Spicers Centre Information) is the UK based LAWTEL at http://www.lawtel.co.uk/EUindexlog.htm. LAWTEL provides comprehensive updates and bulletins of developments in EU law every 24 hours, as well as databases for ECJ case law, proposed and adopted EU legislation, and press releases. AGENCE EUROPE in Brussels is one more reliable source for European business and political news. It can be found at http://www.agenceurope.com/. CD-ROM subscriptions may also be purchased from AGENCE EUROPE. A detailed news option for Community institutions can be found on the EU news page of Europa at http://europa.eu.int/news-en.htm. Press releases from the European Commission, Council of Ministers, Court of Justice, Court of Auditors, Economic and Social Committee and the Committee of the Regions are also available at RAPID, a communications service provided by the European Commission, at http://europa.eu.int/rapid/start/welcome.htm.

2. Similar research tools and strategy can be used for proposed directives. They may be found by topic, or if you have the directive citation, proposed amendments to directives already in force can be found by using the cite. For hardcopy tools try Bulletin of the European Union, the "Finding Lists" in Volume 4 of the European Union Law Reporter, or the "Topic Index" in the European Union Update. For online sources, LEXIS provides a good number of EU and international law updates. Finally, proposed amendments, consolidated legislation, and preparatory acts are also provided as links by most of the online sites noted above.

C. ECJ Caselaw Tools 1. European Court of Justice cases have their own distinct citation form, e.g., Etablissements Armand Mondiet SA v Armement Islais SARL, case C 405/92, a case dealing 11

with a dispute over driftnet regulation. Here you find the name of the case cited first, case number second, followed by the year the case was heard. Keep in mind the citation form will vary slightly just as the citation forms of the OJ, Directives, Decisions, etc. may vary from one source to another as well as from one website to another. The European Court Report (ECR) citation as well as the Common Market Law Report (CMLR) may also follow the ECJ citation.

Since the establishment of the CFI in 1989, case numbers distinguish whether it has been heard by the ECJ or the CFI. For ECJ cases the number begins with "C" for Cour (the French word for court) and for CFI cases the citation begins with "T" for Tribunal. For example, C 5/89 and T 68/89. Again, it is not uncommon to find a variety of citation forms. A cite may simply list the party names and the year or just the case number and year, such as Greece v EC Council (1990) or C-62/88. Other writers may only cite the year, its reference number to the European Court Reports (ECR) and the reference number for the Common Market Law Reports (CMLR) which are more like case reports English and American practitioners and researchers are familiar with. One example of each would be [1980] E.C.R. 2403 and [1981] 1 C.M.L.R. 219. Unfortunately, reporting in the ECR may be somewhat delayed. More timely reports with full texts are published in the European Community Cases (e.g. [1991] 1 CEC 533).

Butterworths EC Case Citator is another useful case finding tool. It is published bi-annually with bi-weekly updates and cross-references cases by case number, by party name, or common name (e.g., France v. United Kingdom, Fisheries and Food, ex parte Factortame Ltd). The citator also gives references to the OJ and Transcripts of cases not fully reported. Moreover, it provides a subject or topical index.

As for case digests, the EC publishes Digest of Case Law, a loose-leaf service, but reporting is delayed. More timely digests include European Court of Justice Reporter, Current Law, and European Current Law. 2. To find citations using party names or by topic try the European Union Law Alphabetical Index of Cases before the Court of Justice of the European Communities since 1953. Other tools include the Gazetteer of European Law: Case Search: European Community Law, 1953-1983 and the Digest of Case Law Relating to the European Community Reporter, European Community Cases, or the Index A-Z: Numerical and. Numerical and Alphabetical Index of Cases before the Court of Justice of the European Communities since 1953.

3. Complete ECJ case opinions can be found in Reports of Cases Before the Court. It is the official English version court reporter. It is also called the European Court Reports (ECR). Again reporting delays can be as long as 2-3 years. Decisions from the CFI are also included beginning at 1990. Selected ECJ, CFI, and Commission decisions are available for cases from 1990–present in European Community Cases (CEC). Both ECJ and national court decisions of member states are published in the Common Market Reporter. Full-text court opinions in English and French are also provided by many of the same websites already listed above. For example, the "Caselaw" link on Europa at http://europa.eu.int/eur-lex/en/index.html, provides recent caselaw while much of the database is still under construction. Its alternative link, http://curia.eu.int/en/index.htm, is in the same construction status. Until these databases are complete, better search resources may be available with LAWTEL at http://www.lawtel.com/, the CELEX database at http://europa.eu.int/celex/htm/celex_en.htm, or the ECJ database provided by LEXIS at http://www.lexis-nexis.co.uk/ or http://www.lexis.com.

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BACKGROUND RESEARCH SOURCES The following background resources provide basic information on international and regional law, organizations, and international environmental law.

A. International Law Encyclopedia of Public International Law (Amsterdam, North Holland, 12 vols., 1981-1990); new edition (1991-).

Parry, Parry and Grant Encyclopedic Dictionary of International Law (New York: Oceana, 1986).

Fox, Dictionary of International and Comparative Law (Dobbs Ferry, NY: Oceana, 1997).

Walker, The Oxford Companion to Law (Oxford; New York: Oxford University Press, 1980).

Foreign and International Law, WashLaw WEB (Washburn University School of Law, Kansas, USA) (http://www.washlaw.edu/forint/forintmain.html).

Rave 1: Public International Law (http://www.jura.uni-duesseldorf.de/rave/e/ev/ev1.htm).

United Nations Scholars' Workstation Home Page (http://www.library.yale.edu/un/index.html).

International Resources, Cornell Law School Law Library, New York (http://www.lawschool.cornell.edu/library/International_Resources/default.htm).

B. International Organizations Introduction to International Organizations (Louis-Jacques and Korman eds., New York: Oceana, 1996).

G. Schiavone, International Organizations: A dictionary & Directory (3rd edition, Chicago, IL: St. James Press, 1993).

United Nations (http://www.un.org/).

Yearbook of International Organizations (Munchen: K.G. Saur, 1967-); see also (http://www.uia.org/website.htm).

C. European Community The Environmental Policy of the European Communities (2nd edition, S. Johnson & G. Corcelle, eds., Kluwer Law International, 1995).

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L. Carpenter, Legal Research and the Law of the European Communities (Rev. edition, West Yorkshire: Legal Information Resources, 1997).

Cornell Law Library, The Nuts and Bolts of European Union Law Research, (http://www.lawschool.cornell.edu/library/Finding_the_Law/Guides_by_Topic/eu.htm ).

The Europa World Year Book (London: Europa Publications, 1989-).

Welcome to Europa (http://europa.eu.int/index-en.htm).

European Environment Agency (EEA) (http://www.eea.dk/).

European Environmental Law Homepage ( http://www.asser.nl/EEL/index.htm ).

European Union Delegation in the United States (http://www.eurunion.org/news/press/2000/index.htm).

Rave: 2.6 European Law and International Law (http://www.jura.uni-duesseldorf.de/rave/e/ev/ev1.htm).

EU Fisheries Directorate General, DG XIV (http://europa.eu.int/comm/dg14/organi/pr1_en.htm).

EU Fisheries Policy (http://europa.eu.int/comm/dgs/fisheries/missn_en.htm; http://europa.eu.int/comm/fisheries/doc_et_publ/cfp_en.htm).

D. International Environmental Law International Environmental Law Anthology (Anthony D'Amato & Kirsten Engel, eds., 1996).

Basic Documents Of International Environmental Law, International Environmental Law and Policy Series, vols. 1-3 (H. Hohmann, ed., Graham & Trotman, Ltd., London,1992).

Maria Gavouneli & Nikolaos Skourtos, International Environmental Law (Tulane University School of Law in cooperation with the Aegean Institute of the Law of the Sea and Maritime Law, 1997).

Alexandre C. Kiss & Dinah Shelton, International Environmental Law (New York: Transnational Pub., 1991).

Yale University Library, Internet Access to UN Information by Research Topic: Environment (http://www.library.yale.edu/un/un3b3.htm).

LEGAL RESEARCH GUIDES Legal research guides are not only informative for fundamental international and regional environmental legal research, but also save the researcher a good deal of preliminary research 14

time. Guides explain what international and regional organizations are, how they function, and what their institutional purpose and goals are. They will also point you to additional background sources and finding tools related to your topic. The following list should be helpful to any legal or lay researcher interested in learning how to find what is available in print and online related to regional and international environmental legal and policy issues surrounding driftnet fishing.

Since a good number of guides cover both international and foreign legal research, as well as international and regional organizations, I have combined both general and specific guides for the EU and the UN. A. General Guides J. Myron Jacobstein et al., Fundamentals of Legal Research (7th edition, 1998).

Butterworth's Legal Research Guide (Guy Holborn, ed., 1993).

Smith, James, ed. Guide to International Legal Research. 3rd ed. Geo. Wash. J. Int'l L. & Econ..

Charlottesville, Virginia: Lexis Law Publishing, 1998. Provides concise international law concepts, resources, and documentation.

B. International Guides Guide to International Legal Research, The George Washington University Journal of International Law and Economics (Phillip D. Song, Editor-in-Chief, 3rd. edition, 1998 ).

Germain, Germain's Transnational Law Research (Ardsely-on-Hudson, N.Y.; Transnational Juris Publications, 1991).

Information Sources in Law (Winterton and Moys, eds., 2nd ed., London; New Providence, N.J.: Bowker-Saur, 1997).

Introduction to International Organizations (Louis-Jacques and Korman, eds., New York: Oceana, 1996).

Accidental Tourist on the New Frontier: An Introductory Guide to Global Legal Research , Littleton, CO (Rothman, 1998).

J. Roberts, A Guide to Official Gazettes and Their Contents *(rev. ed., Washington, D.C.: Law Library, Library of Congress, 1985).

International Legal Research Guides and Pathfinders, University of Minnesota Law School Library (http://www.law.umn.edu/library/tools/pathfinders/pathfinders.html).

C. Foreign and European Guides W. Rawlinson & M. Cornwell-Kelly, European Community Law - A Practioner's Guide (2nd ed., Sweet & Maxwell, London, 1994).

L. Carpenter, Legal Research and the Law of the European Communities (Rev. ed., West Yorkshire: Legal Information Resources, 1997).

T. Reynolds, The European Communities: Function, Structure, Legal Research (audio recording) (Los Angeles: Legal Resources Communications, 1993).

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T. Watts, Selective Bibliography of Guides to Research in Foreign Law (Monticello, IL: Vance Bibliographies, 1987).

Reynolds & Flores, Foreign Law: Current Sources of Codes and Legislation (Littleton, CO: Rothman, 1989-); on CD Rom, "Foreign Law: Current Sources of Codes & Basic Legislation in Jurisdictions of the World" (Release #8, 8/98).

European Union and Foreign Legal Research Guides and Pathfinders (http://www.law.umn.edu/library/tools/pathfinders/pathfinders.html; http://www.law.umn.edu/library/tools/pathfinders/euguide.htm).

University of Bologna, Research Guide to International Law on the Internet, European Union (http://www.spfo.unibo.it/spolfo/EULAW.htm#inst).

UC Berkeley, The European Union: A GSSI Research Guide (http://www.lib.berkeley.edu/GSSI/eugde.html).

D. U.N. Guides M. Fetzer, United Nations Documents and Publications: A Research Guide (1978).

B. Brimmer et al, A Guide to the Use of United Nations Documents (1962).

P. Hajnal, Guide to United Nations Organization, Documentation and Publishing for Students, Researchers, Librarians (1978).

ASIL Guide to Electronic Resources for International Law: United Nations (http://www.asil.org/RESOURCE/un1.htm).

U.N. Research Guides, Dag Hammarskjold Library (http://www.un.org/Depts/dhl/).

Researching the United Nations (http://www.law.umn.edu/library/tools/pathfinders/unguide.htm).

E. International Environmental Guides I.L. Kost, La Politique de L'Environnement: de la Reglementation aux Instruments Economiques/Environmental Policy: From Regulation to Economic Instruments: Selective Bibliography (The Hague: Peace Palace Library, 1994).

F. L. Grieves, International Law, Organization, and the Environment: A Bibliography and Research Guide (Tucson: University of Arizona Press, 1974).

S. G. Moss, Environmental Law and Law-Related Materials: A Bibliographical Guide and Index in Threee Volumes (Cave Hill, Barbados: University of the West Indies, Faculty of Law Library, 1993).

ASIL Guide to Electronic Resources for International Law: International Environment Law (http://www.asil.org/resource/env1.htm).

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PERIODICAL INDEXES Using periodical indexes can save the researcher hours of time. They will point you to law reviews and other articles on your topic, to treaty citations, foreign legislation, definitions of terms, abbreviations, and more.

Index to Foreign Legal Periodicals (University of California, Berkeley, 1985-present) (http://www.rlg.org/citadel/flptitle.html ) Index to Foreign Legal Periodicals (London: Institute of Advanced Legal Studies Chicago: American Association of Law Libraries, 1960).

Szladis, A Bibliography on Foreign and Comparative Law: Books and Articles in English (Dobbs Ferry, NY: Oceana, 1995-).

Index to Legal Periodicals (New York: H.W. Wilson Co.); also on CD ROM Network.

Index to Legal Periodicals, PubList.com, The Internet Directory of Publications (http://www.publist.com/indexes/LAW051000_02.html).

PAIS International (New York: PAIS). Wilson Reference Quarto (see also http://www.lib.umn.edu/index/about/a-pais.html).

Public International Law (Berlin; New York: Springer-Verlag, 1975-).

Max Planck Institute (http://www.virtual-institute.de/en/hp/e-pil.cfm).

RAVE provides articles and decisions in International and European law (http://www.jura.uniduesseldorf.de/rave/e/ev/ev1.htm).

PRIMARY SOURCES OF INTERNATIONAL AND EU LAW Primary sources of international and regional environmental law are treaties, conventions, regional agreements, agreements between international and regional organizations, interpretation of international and regional treaties and laws, for example, by the ICJ and ECJ, and lastly customary law. Some examples of international and regional treaties, EU and U.S. environmental legislation on point or related to driftnet issues are also included to facilitate the research process.

A. Treaty Sources in Print and Online International Legal Materials (I.L.M.) (Washington, D.C., American Society of International Law, 1962-present), published quarterly (http://www.asil.org/internati.htm).

United Nations Treaty Series: Treaties and International Agreements Registered or Filed and Recorded with the Secretariat of the United Nations (U.N.T.S.): (New York: U.N, Office of Legal Affairs, 1946-present) ((http://untreaty.un.org/).

17

European Treaty Series (Strasbourg, France: Council of Europe, 1950-present) (http://conventions.coe.int/treaty/EN/Menuprincipal.htm) (http://www.fordham.edu/law/pubs/filj/citeman.htm#treaties).

Treaties Establishing the European Communities, Treaties Amending these Treaties, Documents Concerning Accession (1987) (http://www.europarl.eu.int/dg4/factsheets/en/default.htm) (http://www.pitt.edu/~wwwes/treaties2.guide.html).

European Union: Selected Instruments Taken from Treaties (http://europa.eu.int/abc/obj/treaties/en/entoc.htm).

Official Journal of the European Communities (http://europa.eu.int/eur-lex/en/oj/); (http://www.justis.com/database/official_journal_c_series.html) Encyclopedia of European Union Law (Eds. Neville March Hunnings, Paul Beaumont, Gordon Moir) (http://www.smlawpub.co.uk/catalog/entry.cfm?lngID=2645).

European Union Law Reporter Sweet and Maxwell's European Community Treaties, Including the European Communities Act of 1972 (K. Simmonds, ed., London: Sweet & Maxwell, Ltd).

Multilateral Treaties: Index and Current Status (M. Bowman & D. Harris, London: Butterworths, 1984).

Status of Multilateral Treaties in the Field of Environment and Conservation (International Union for Conservation of Nature and Natural Resources (IUCN), 1993).

European Documentation Center (http://www.uni-mannheim.de/users/ddz/edz/doku/rechte.html#publi).

Council of Europe, Directorate General 1, Legal Affairs, Treaty Office (http://conventions.coe.int/).

ASIL Electronic Resources Guide Treaties: ASIL 2000 Treaties (http://www.asil.org/resource/treaty1.htm).

Environmental Treaties and Resource Indicators (ENTRI) (http://sedac.ciesin.org/entri/).

Greenpeace Multilateral Environmental Treaties (http://www.greenpeace.org/~intlaw/).

Multilaterals Project (http://fletcher.tufts.edu/multilaterals.html).

B. Treaties and other Agreements on Point or Related to Driftnet Issues Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, November 1972). International agreement to establish cooperative system for cultural and natural resource protection of areas with outstanding universal values. Based on modern scientific methodology. U.N.T.S. 1037: 151 (http://www.unesco.org/whc/world_he.htm).

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Declaration of the U.N. Conference on the Human Environment, 16 June 1972 (U.N. Doc. A/CONF.48/14/Rev.1) (http://www.tufts.edu/departments/fletcher/multi/texts/STOCKHOLMDECL.txt).

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (Washington, March 1973). Agreement for a system to protect threatened and endangered species from over-exploitation and extinction. U.N.T.S. 983:243. (http://www.grida.no/prog/norway/convention/cites/) (http://www.wcmc.org.uk/CITES/eng/index.shtml).

Declaration of the United Nations Conference on the Human Environment (Stockholm, June 1972). Purpose: Establishment of basic principles to promote non-binding global environmental conservation and "enhancement of the human environment." U.N.G.A. Resolution 2994 (XXVII) (December 1972) (http://www.unep.org/Documents/Default.asp?DocumentID=97&ArticleID=1503).

Barcelona Convention (1976) and Geneva Protocol (1982). Objectives to prevent and abate landbased pollution of the Mediterranean, general protection of marine environment, and establishment of specific marine areas for protection and resource improvement. 15 I.L.M. 285; 19 I.L.M. 869 (http://www.tufts.edu/departments/fletcher/multi/texts/BH681.txt); (http://www.unep.ch/seas/main/med/medconvii.html); (http://ims.wcmc.org.uk/ipieca/conven/conven_map.html).

Convention on the Conservation of Migratory Species of Wild Animals (CMS) (Bonn, June 1979). Treaty to protect transmigration of animals crossing national boundaries. I.L.M. 19:15 (http://www.ifs.univie.ac.at/intlaw/konterm/vrkon_en/html/doku/bonn-c.htm); (http://www.unep.ch/seas/main/legal/lbonn.html) (http://environment.harvard.edu/guides/intenvpol/indexes/treaties/CMS.html).

Convention on the Conservation of European Wildlife and Natural Habitats (Berne September 1979). Purpose: To promote cooperation and European habitat conservation. I.E.L. 979:70 (http://www.ecnc.nl/doc/europe/legislat/bernconv.html).

Single European Act (Luxembourg and The Hague, February 1986). Purpose: Amended Rome Treaties (1957) which established European Economic Community (EEC) and other EEC organizations. Included in the amendment were legal and institutional revisions for mandates of European environmental protection. Objectives under Article 130R of the Act include, (a) preservation, protection, and improvement of European environment, (b) protection of human health, and (3)"prudent and rational utilization of European natural resources (http://europa.eu.int/abc/obj/treaties/en/entoc113.htm).

The Rio Declaration on Environment and Development, June 13, 1992, U.N. Doc. A/CONF.151/5/Rev. 1 (http://www.unep.org/unep/rio.htm); (http://www.igc.org/habitat/agenda21/rio-dec.html) Agenda 21, U.N. Doc. A/CONF.151/26/Rev.1 (1992), Chapter 17. Protecting the marine and coastal environments (http://www.igc.org/habitat/agenda21/ch-17.html).

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The Monaco Agreement Concerning the Protection of the Waters of the Mediterranean Shores (10 May 1976) (http://sedac.ciesin.org/pidb/texts/mediterranean.shores.1976.html).

UN Convention on the Law of the Sea, Part XII, Protection and Preservation of the Marine Environment (Montego Bay, Jamaica, 10 December 1982) (U.N. Doc. A/RES/37/66) (21 I.L.M. 1261, 1982) (U.N. Publication E.83 V.5, 1983) (http://www.un.org/Depts/los/unclos/closcont.htm); (http://www.tufts.edu/departments/fletcher/multi/sea.html).

U.N. Convention on the Law of the Sea of Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, 8 September 1995 (U.N. Doc. A/Conf.164/37) (gopher://gopher.un.org/00/LOS/CONF164/164_37.TXT).

Agreement for Establishment of the General Fisheries Council for the Mediterranean (Rome, September 1949) as amended. Objectives to provide international cooperation and incentives for development and proper utilization of Mediterranean and contiguous water resources. U.N.T.S. 126:237; U.N.T.S. 490:444 (http://eelink.net/~asilwildlife/medfish.html).

International Convention for the Protection of Birds (Paris, October 1950). U.N.T.S. 638:185 (http://www.tufts.edu/departments/fletcher/multi/texts/BH255.txt).

Convention on Fishing and Conservation of the Living Resources of the High Seas, (Geneva, 29 April 1958). Objective to enlist international cooperation for conservation of marine resources on the high seas. 450 U.N.T.S. 82, 13 U.S.T. 2312; 17 U.S. T. 138, 559 U.N.T.S. 285 (http://www.oceanlaw.net/texts/genevafish.htm).

Convention for the Prohibition of fishing with Long Driftnets in the South Pacific (Wellington 1989 and Two Protocols, Noumea, October 20, 1990). First international prohibition on specific fishing methods and equipment used by world fisheries industry. It was a reaction to regional recognition that nets imposed navigational dangers to international shipping, harm to albacore resources, and depletion of South Pacific fish stocks. 29 I.L.M. 1449 (http://www.austlii.edu.au/au/other/dfat/treaties/1992/30.html) Convention on Biological Diversity (Rio de Janeiro, 5 June 1992). International agreement and recognition that conservation and sustainable use of earth's resources "is of critical importance for meeting the food, health, and other needs of the growing world population." Recognition that biological diversity is required for resource utilization by present and future generations. 31 I.L.M. 818 (http://www.austlii.edu.au/au/other/dfat/treaties/1993/32.html).

1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, 8 September 1995 (U.N. Doc. A/CONF. 164/37). (gopher://gopher.un.org/00/LOS/CONF164/164_37.TXT).

Agreement to Promote Compliance with International Conservation and Management Measures

by Fishing Vessels on the High Seas, 24 November1993, Treaty Doc. 103-24, reprinted in 33 I.L.M. 968 (1994) (http://eelink.net/~asilwildlife/fao.html); and U.N. Doc. A/54/461 (http://www.un.org/Depts/los/a54_461.htm) 20

C. International and Regional Fisheries Resolutions, Codes, and Policy Large-Scale Pelagic Drifnet Fishing and its Impact on the Living Marine Resources of the World's Oceans and Seas, 22 December 1989. Called for worldwide moratoria on all large-scale pelagic driftnet fishing. The resolution is not legally binding (U.N. Doc. A/RES/44/225) (http://www.un.org/documents/ga/res/44/a44r225.htm).

Large-Scale Pelagic Drifnet Fishing and its Impact on the Living Marine Resources of the World's Oceans and Seas, 21 December 1990 (U.N. Doc. A/RES/45/197) (http://www.un.org/Depts/dhl/res/resa45.htm).

Large-Scale Pelagic Drift-Net Fishing and its Impact on the LIving Marine Resources of the World's Oceans and Seas, 22 December 1990 (U.N. Doc. A/47/192) (http://www.un.org/documents/ga/res/47/a47r192.htm).

Large-Scale Pelagic Drift-Net Fishing and Its Impact on the Living Marine Resources of the World's Oceans and Seas; Unauthorized Fishing In Zones of National Jurisdiction and Its Impact on the Living Marine Resources of the World's Oceans and Seas; And Fisheries By-Catch and Discards and Their Impact on the Sustainable Use of the World's Living Marine Resources, 5 December 1996, (U.N. Docl. A/RES/50/25) (http://www.un.org/documents/ga/res/50/a50r025.htm).

Code of Conduct for Responsible Fishing (1995), United Nations, Food and Agriculture Organization (FAO) (http://www.oceanlaw.net/texts/faocode.htm).

The European Union's Contribution to better implement the Code of Conduct for responsible fishing, Press Release, 19 March 1999 (http://europa.eu.int/comm/fisheries/news_corner/press/info49_en.htm).

The EU Common Fisheries Policy (CFP) (http://europa.eu.int/comm/fisheries/doc_et_publ/cfp_en.htm).

D. Fisheries legislation on point or related to driftnet regulation Council Regulation (EEC) No 1210/90 on the establishment of the European Environment Agency and the European Environment Information and Observation Network (http://europa.eu.int/eur-lex/en/lif/dat/1990/en_390R1210.html).

Council Regulation (EC) No 3760/92. Established EC system for fisheries and aquaculture and for adoption of fishing gear regulations per "conservation measures necessary to ensure rational and responsible exploitation, on a sustainable basis, of living marine resources, taking account, inter-alia, of the impact of fishing on the marine ecosystem." (http://europa.eu.int/eurlex/en/lif/dat/1992/en_392R3760.html).

EU chronological listing of fisheries legislation, 04-10-10 Structural Measures (http://www.fvm.hu/~euint/Directori9804/041010.htm).

Council regulation (EEC) 2847/93 of 12 October 1993 established a control system applicable to the common fisheries policy (http://europa.eu.int/eur-lex/en/lif/dat/1993/en_393R2847.html).

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Council Regulation (EC) No 894/97 of 29 April 1997 laying down certain technical measures for the conservation of fishery resources (http://europa.eu.int/eurlex/en/lif/dat/1997/en_397R0894.htmlI) (EC) No 1239/98, June 8, 1998, amending (EC) No. 894/97: Will go into force 1 January 2002 to prohibit possesion of driftnets longer than 2.5 kilometers on board fishing vessels of member states or use for species listed in Annex VIII; prohibits landing species caught by driftnets listed in Annex VIII (http://europa.eu.int/abc/doc/off/bull/en/9806/p103177.htm).

Loi du 15 juillet 1994 relative aux modalities de l'exercise par L'Etat de ses pouvoirs de controle en mer, Art. 7 for the use of force, if necessary, in accordance by decree (1995) 99 R.G.D.I.P. 242. French legislation dealing with fisheries compliance on the high seas (http://www.jura.unisb.de/france/adminet/jo/); (http://www.legifrance.gouv.fr/).

High Seas Driftnet Fisheries Enforcement Act of 1992. Purpose: Fishing vessels not complying with 1992 U.N. moratorium may be denied access to U.S. ports and fish banned from U.S. markets. Act also provides Presidential discretion to implement Pelly Amendment to the Fisherman's Protective Act of 1967 and impose embargo on non-fish products (http://www.csc.noaa.gov/opis/html/summary/dfea.htm); (http://caselaw.lp.findlaw.com/casecode/uscodes/16/chapters/38/subchapters/iii/sections/section_ 1826a_notes.html); (http://www.wcl.american.edu/pub/iel/twenty.htm).

E. ICJ, ECJ, ITLOS, and other fisheries and related decisions Armement coopératif artisanal vendéen (ACAV) and Others v Council of the European Union, Case T-138/98, (Fisheries · Regulation (EC) No 1239/98 · Prohibition of drift-nets · Action for annulment · Inadmissibility) ( http://europa.eu.int/cj/en/act/0007en.htm).

U.K. v. Iceland (Fisheries Jurisdiction case), 1974 I.C.J. 3. Held that with respect to straddling and highly migratory fish stocks, freedom of fishing under customary and conventional law was not absolute and "reasonable regard" of conservation is applicable (http://www.oceanlaw.net/cases/fishj1mer.htm).

International Tribunal for the Law of the Sea, The M/V "Saiga"( No 2) case Vincent and the Grenadines v. Guinea Judgment of the M/V "Saiga" (No. 2) case, 1 July 1999. (Holding Guinea used excessive force in the arrest and boarding of the M/V "Saiga" and citing the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, Article 22, paragraph 1(f), and the SS. "I'm Alone" and The Red Crusader cases concerning the use of force in the arrest of a ship at sea.) (http://www.un.org/Depts/los/ITLOS/Saiga_cases.htm).

S.S. "I'm Alone" case (Canada/United States, 1935), U.N.R.I.A.A., Vol.III, p.1609.

The Red Crusader case (Commission of Enquiry, Denmark - United Kingdom, 1962), I.L.R., Vol.35, p.485 regarding procedures for boarding fishing vessels, inspecting, and the use of force and police powers at sea..

22

Fisheries Jurisdiction Case (Spain v. Canada ) (Estai case): Application of Spain of 28 March 1995, Judgment of ICJ Jurisdiction, 4 December 1998 (http://www.icjcij.org/icjwww/idocket/iec/iecjudgment(s)/iec_ijudgment_981204.htm).

Commission v. Netherlands, Case C-169/89, 23 May 1990, E.C.R. 2143, Criminal Proceedings Against Gourmetterie Van den Burg (holding that Article 14 of Directive 78/409 authorizes the Member States to adopt stricter protective measures for the conservation of migratory and endangered bird species. However, it does not "empower a Member State to afford a given species which is neither migratory nor endangered stricter protection, by means of a prohibition on importation and marketing, than that provided for by the legislation of the Member State on whose territory the bird in question occurs, where such legislation is in conformity with the provisions of Directive 79/409.") (http://www.curia.eu.int/common/recdoc/indexaz/en/c2.htm); (http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&nu mdoc=61989J0169).

The Organisation for Economic Co-operation and Development (OECD), Environment Directorate and Trade Directorate, Typology of Trade Measures Based on Environmental Product Standards and PPM Standards, OECD Doc. COM/ENV/TD (93) 89 (28-30 September 1993).

SECONDARY SOURCES OF INTERNATIONAL AND EU LAW Secondary sources include periodicals such as law reviews and journals, legal and other newspapers that provide articles on specific legislation, treaties, and other topics. Secondary sources also include treatises and case law textbooks written by legal scholars and other writers on specific legal topics and issues.

A. Law Reviews, Journals, and Newsletters International & Comparative Law Quarterly (ICLQ) (http://193.62.18.222/iclq.htm).

Netherlands International Law Review (http://www.publist.com/cgi-bin/show?PLID=121018X).

Ocean Development and International Law (J. Jacobson, ed., a quarterly law review published in London)(http://alidoro.catchword.com/vl=31907707/cl=45/nw=1/rpsv/catchword/tandf/0090832 0/contp1.htm).

European Environmental Law Review, Kluwer Law International, P.O. Box 85889, NL-2508 CN Dordrecht. (mens.).

Cahiers de Droit Europeen, Etablissement Emile Bruylant, Rue de la RĂŠgence 67, B1000 Bruxelles. (6/an) European Law Journal, Blackwell Publishers Ltd., 108 Cowley Road, GB-Oxford OX4 1JF. (4/an.).

European Law Reporter, Verlag radical brain S.A., Postfach 2455, L-1024 Luxemburg.

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European Law Review, Sweet & Maxwell, South Quay Plaza, 183 Marsh Wall, 7th floor, GB-London E14 9FT. (mens.).

Irish Journal of European Law, Eds. James O'Reilly, Anthony M. Collins Round Hall Sweet & Maxwell, Brehon House, 4 Upper Ormond Quay, Dublin 7, Republic of Ireland (2/an).

North Carolina Journal of International Law and Commercial Regulation (University of North Carolina School of Law) (http://www.unc.edu/student/orgs/ncilj/).

The Georgetown International Environmental Law Review (http://141.161.67.230/journals/gielr/gielr.html).

Tulane Environmental Law Review (http://www.law.tulane.edu/journals/enviro/index.htm).

Tulane Maritime Law Journal (http://www.law.tulane.edu/journals/maritime/default.htm).

Journal of Maritime Law & Commerce (http://www.jmlc.org/).

Ocean & Coastal Management, one of several international ocean and fisheries journals available from EM International in cooperation with UNESCO's Intergovernmental Oceanographic Commission (http://ioc.unesco.org/iyo/activities/publications.htm).

Ocean & Coastal Law Journal, University of Maine (http://www.mli.usm.maine.edu/oclj.htm).

Pace Environmental Law Review, Pace University School of Law, New York, http://www.law.pace.edu/pacelaw/pelr/).

Marine Turtle Newsletter (http://www.seaturtle.org/mtn/).

B. Law Review Articles and other Papers on Point or Related to Driftnet Issues Amy Blackwell, Humane Society and Italian Driftnetters: Environmental Activists and Unilateral Action in International Environmental Law, 23 N.C.J. INT'L L. & COM. REG.313 (1998).

William T. Burke et al., United Nations Resolutions on Driftnet Fishing: An Unsustainable Precedent for High Seas and Coastal Fisheries Management, 25 Ocean Development and International Law 127 (1994).

Cyril de Klemm, Migratory species in International Law, 29 N.R.J. 935, 938-939 (1989).

Jonathon A. Gurish, Pressures to Reduce Bycatch on the High Seas: An Emerging International Norm, 5 Tul. Envtl. L.J. 473 (1992).

David Freestone, The Effective Conservation and Management of High Seas Living Resources: Towards a New Regime ?, 5 Canterbury Law Review 341 (1994).

Peter Weber, Net Loss: Fish, Jobs, and the Marine Environment (1994) (Worldwatch Paper No. 12).

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Evelyne Meltzer, Global Overview of Straddling and Highly Migratory Fish Stocks: The Nonsustainable Nature of High Seas Fisheries, 25 Ocean Dev't & Int'l L. 255 (1994).

Lee A. Kimball, The Biodiversity Convention: How to Make It Work, 28 Vand. J. Transnat'l L. 763 (1995).

D.H. Anderson, Legal Implications Of The Entry Into Force Of The U. N. Convention On The Law Of The Sea, 44 International & Comparative Law Quarterly 313-326 (1995) D.H. Anderson, The Straddling Stocks Agreement Of 1995 - An Initial Assessment, 45 International & Comparative Law Quarterly 463-475 (1996).

Salvatore Arico, Report On International Efforts In Research, Monitoring, And Capacity Building In The Field Of Marine And Coastal Biological Diversity, 29 Ocean & Coastal Mgt. 329 (1996).

Elizabeth Culotta, Exploring Biodiversity's Benefits; Effect Of Biodiversity On Ecosystem Productivity And Stability, 273 Science 1045 (1996).

Gary Lee, Heeding The Seas' Vanishing Species, Wash. Post, Apr. 1, 1996, At A3.

Alison Rieser, International Fisheries Law, Overfishing And Marine Biodiversity, 9 The Georgetown International Environmental Law Review 251-264 (1997). .M.J. Bowman, The Ramsar Convention Comes Of Age, 42 Netherlands International Law Review 1-52, 2-14 (1995).

W. Burke, The Law of the Sea Concerning Coastal State Authority Over Driftnets on the High Seas, a U.N. Food and Agriculture Organization (FAO) Legislative Study 47, at 13, 14-27 (1991).

W. Burke, The Law of the Sea Concerning Coastal State Authority Over Driftnets on the High Seas, UNFAO Legislative Study 47, at 13, 14-27 (1991).

B. Treatises Andronico O. Adede, International Environmental Law Digest, Instruments For International Responses To Problems Of Environment And Development 1972-1992 (1993).

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Improving Compliance With International Environmental Law (The International Law and Sustainable development Series, James Cameron, et al., eds., 1996).

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L. D. Guruswamy et. al., International Law And World Order - A Problem-Oriented Coursebook (West Publishing, St. Paul, Minnesota, 1994).

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Gunther Handl, The New International Law Of The Sea (Tulane University School Of Law, Rhodes, Greece, 1997).

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