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21 Stan. Envtl. L.J. 45 (2002)
Dealing with a Reasource Crisis: Regulatory Regimes for Managing the World's Marine Fisheries

handle is hein.journals/staev21 and id is 53 raw text is: Dealing with a Resource Crisis:
Regulatory Regimes for Managing
the World's Marine Fisheries
Christopher J. Carr and Harry N. Scheiber*
I.  INTRODUCTION   ........................................  45
II. GLOBAL STANDARDS FOR MARINE CAPTURE FISHERIES ..          51
III.  THE  PROBLEMS ........................................   53
A. Scientific Uncertainty ............................    54
B. The Structure of the Fishing Industry ............     56
C. Enforcement Difficulties .........................     58
IV. THE GLOBALIZATION OF CONSERVATION STANDARDS
AND MECHANISMS TO ENSURE THEIR
IMPLEMENTATION ......................................     62
A. Unilateral Enforcement of Standards by the
United  States .....................................  63
B. Framework Multilateral Agreements ..............       68
C. Other Mechanisms for Implementation ..........         73
D. Biodiversity Convention Concerns and
Prospective Impact on Fisheries ..................    76
V.  CONCLUSION   ..........................................   77
I. INTRODUCTION
The fate of marine fisheries is one of the most urgent resource
problems facing the international community today. Around the
world, countries have closed some of their historically most profita-
* ChristopherJ. Carr is a Partner in the law firm of Stoel Rives LLP, San Francisco;
and is a Ph.D. Candidate, Jurisprudence and Social Policy Program, University of Califor-
nia, Berkeley. Harry N. Scheiber is the Stefan Riesenfeld Professor of Law and History,
Boalt Hall School of Law, University of California, Berkeley. The authors wish to thank
Professor Robert A. Kagan, Professor David Caron, and Dean John Dwyer of the Boalt Hall
School of Law, and Professor David Vogel, of the Haas School of Business, University of
California, Berkeley, for their insightful comments on earlier drafts. The authors prepared
this study as part of a project on globalization and regulation, under the auspices of the
Institute of European Studies and the Center for the Study of Law and Society, University
of California, Berkeley.

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