Case Study Of The Bato Star Case

One of the distinct features of any common resource is that it is a “non-excludable good1”, meaning no one can be prevented from using what is available. As discussed, the consequence of this scenario is that it will produce a socially inefficient outcome. There are differing theories on how to achieve an economically feasible marginal cost and marginal social benefit equilibrium. The difficulty, of course, is to determine what the socially optimal supply level for Bluefin Tuna should be in relation to fish stock restoration and future sustainability as well as empowering the global community to act in unison. The discussion here

Judge Tracey also quoted Wu Yu Fang & 117 Ors v The Minister for Immigration and Ethnic Affairs & Anor and Onea,

The earliest accounts of overfishing occurred in the 1800s, when the demand of whale blubber nearly wiped out the whale populations. In the mid 1900s, the harvesting of Atlantic cod, herring, and California sardines drove them to the brink of extinction. These high disruptions cause regional depletions of animal resources which is starting to cause a global problem. There has never been a more urgent time for fishing nations to make a commitment towards the sustainability of our oceans. More than 80% of the world’s fisheries have been, or are being pushed beyond their limits and are in dire need of strict management plans. Populations of fish and elasmobranch fish such as tuna, grouper and sharks have been declining to the point where the survival

As the population on earth increases ,overfishing has become a growing issue in all parts of the world. Fish is a vital food source for many, in the world and counts for many of the cultures and heritages in the world, which means there is a high demand for it . This high demand has caused overfishing to occur. This is a cause for concern since due to the development of better technology, there is a higher risk of overfishing if not managed properly. Canada in particular has been facing the problem overfishing for years now. Due to Canada’s issue of overfishing, the environment and wildlife as well as human settlements all have negative impacts ,therefore a sustainable solution must be implemented. If action isn’t taken, Canada’s issue of overfishing will continue to worsen.

Facts of the case (Summary of facts of case and its journey to Supreme Court)

The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and

Since the Alaskan King Crab industry links to many other businesses not just locally, but globally as well, the complications in the fishing quota permits have made it impossible for many workers to execute their jobs. Moreover, the prominent concern in the minds of many fishermen in the Bering Sea has surfaced as they wonder : how will the effects of the government shutdown of the Alaskan King Crab industry affect their ability to fish legally while still avoiding the possibility of a price

Benjamin Halpern and Andrew Rosenberg have differing viewpoints as to whether or not our marine resources can be sustainably managed. Halpern believes this can be achieved if traditional fishing should be limited from marine protected areas to allow maintenance of these fisheries. But when speaking about sustainable approaches for our marine resources with the public there’s a lot of resistance because the public tends to view these areas as excluded. In other words, the public is not allowed traditional fishing, water sports, or other similar activities in those areas. That’s why there are different types of sustainable use and management of those resources. Areas like nursery grounds to protect ecosystems are different from other areas settled for fishing species like the commercial lobster, for example. Some species are set aside and protected until they reach a certain growth so then they can eventually migrate to an area where they can be reached by local officials.

The availability of seafood in Canadian and Argentinean waters is also dependent on the total allowable catch allocated to Clearwater in a given area. Although the totals allowable catch in these areas and Clearwater 's enterprise allocations have been largely stable, fishery regulators have the right to make changes in the total allowable catch based on their assessment of the resource from time to time. Any reduction of total allowable catches in the areas from which Clearwater sources seafood, or the reduction of stocks due to changes in the environment or the health of certain species, may have a material adverse effect on Clearwater 's financial condition and results of operations.

Overall, the proposed policy’s impact on sustainability would be overwhelmingly negative. Super trawler may over-exploit fish species and population, even affect the food chain adversely. At the same time, the process of super trawler would decrease the rate of employment and undermine the long-term economy in Australia’s fishery. In fact, Australia could restrict super trawlers to protect local

According to a study done by Living Planet Report in 2015, 29% of the world’s fishing stocks are considered overfished and an additional 61% is fully exploited with no possibility to produce more fish. Our environment is currently afflicted by a number of different problems, one of which is overfishing. Overfishing is defined by FishOnline as, “Fishing with a sufficiently high intensity to reduce the breeding stock levels to such an extent that they will no longer support a sufficient quantity of fish for sport or commercial harvest.” The overfishing situation is being exacerbated by non-sustainable and destructive fishing practices and unfair fisheries partnership agreements; while there are currently attempts being made at fixing these problems and their effects on overfishing, nothing has been extremely effective.

This issue of overfishing covers vast fields, such as science, humanity, economy, society and nature. The term “optimum”, in regard to the yield from a fishery, is difficult to be defined, precisely and fixedly. Generally speaking, we can describe it as follows: (Niles E. Stople, January 2009, FishNet USA)

In its Bato Star judgment, the Constitutional Court referred to the interpretive approach followed in the Jaga v Dönges, a notorious case from the 1950s. In this essay, I argue that the recent comments by the Constitutional Court about the case clearly show that the Jaga judgment is no longer relevant to the interpretation of statutes after the democratic transformation.

In order for there to be plenty of fish in the years ahead, fisheries will have to develop sustainable fisheries and some will have to close. Due to the constant increase in the human population, the oceans have been overfished with a resulting decline of fish crucial to the economy and communities of the world. The control of the world's fisheries is a controversial subject, as they cannot produce enough to satisfy the demand, especially when there aren't enough fish left to breed in healthy ecosystems. Scientists are often in the role of fisheries managers and must regulate the amount of fishing in the oceans, a position not popular with those who have to make a living fishing ever decreasing populations.

According to the United Nations, 17% of fish stocks worldwide are currently overexploited; 52% are fully exploited; and 7% are depleted. This means that only an estimated 20% of worldwide fish stocks are not already at or above their capacity(Seafarms, 2013). Catches of Pacific herring have decreased by 71% since the 1960s, with Atlantic herring catches falling by 63%. Atlantic Cod catches have fallen by 69% in the same time(Seafarms, 2013). These are just a few of many facts and statistics on the topic of overfishing. The effects of these statistics and facts impact people’s and animal's lives around the