Andrew Serdy | University of Southampton (original) (raw)
Papers by Andrew Serdy
This is the name appearing in the February 2008 version of the Aquatic Sciences and Fisheries Inf... more This is the name appearing in the February 2008 version of the Aquatic Sciences and Fisheries Information System electronic database maintained by the Food and Agriculture Organization of the United Nations (FAO), <www.fao.org/fishery/collection/asfis> (visited on 11 June 2008). Many early classifications used Thynnus rather than Thunnus for the genus: see B.B.
Martinus Nijhoff Publishers eBooks, 2004
International Law and Politics of the Arctic Ocean
Formal notice of the United Kingdom�s intention to leave the European Union was given on 29 Mar... more Formal notice of the United Kingdom�s intention to leave the European Union was given on 29 March 20172. The completion of this process, or Brexit in common parlance, will take place on the second anniversary of that event in March 2019, subject to a possible transitional period of around two more years, the terms and extent of which have yet to be agreed. The objective is to restore to the United Kingdom (UK) exclusive competence for law making and regulation that was ceded exclusively or jointly to European bodies when the UK joined the then European Economic Community (EEC)3 in 1973. The primacy of EU law over UK domestic law, not in itself legally controversial, could nonetheless have far-reaching effects, as demonstrated by the decisions of the European Court of Justice in the Factortame cases that will be discussed in Part II of this paper4
Autonomous and unmanned vessels are already in use in the defence industry for mine clearance and... more Autonomous and unmanned vessels are already in use in the defence industry for mine clearance and targets; in the oil and gas industry for subsea positioning, surveying and environmental monitoring; and in oceanographic data collection. While these vessels are still on a small scale, the technology can be easily scaled up to SOLAS size. The paper will look at the issues involved with increasing autonomy in shipping with an introduction to the concept; an overview of current developments; the technology present and future; safety and assurance of vessels; what changes mean for shipowners; legal and insurance implications; and the human element – monitoring and navigating autonomous ships
... The Rotterdam Rules: A Practical Annotation will carefully examine the text of the Rules, all... more ... The Rotterdam Rules: A Practical Annotation will carefully examine the text of the Rules, all ninety-six articles of the new Convention, and compare them to the text of theHague-Visby Rules, the instrument currently covering most bills of lading. ...
Fisheries and the Law in Europe, 2022
Codification of Maritime Law, 2019
Ocean Yearbook Online, 2021
International and Comparative Law Quarterly, 2011
International fisheries law is no longer driven by the clash of interests between coastal and dis... more International fisheries law is no longer driven by the clash of interests between coastal and distant-water fishing States, but is increasingly about how States in existing international fisheries, mostly with some degree of responsibility for their depletion, are striving to exclude newcomers. The residual freedom of fishing on the high seas is an obstacle to regulation by international commissions since States outside are not bound by treaties to which they are not party—which in turn creates a disincentive for States inside to accept the necessary restraints. Rules to limit entry to international fisheries are therefore now needed, and articles 8 and 17 of the UN Fish Stocks Agreement come close to this, but their transformation into custom (or that of regulations adopted by fisheries commissions into objective regimes) so as to bind non-parties is being stunted by commissions' self-serving views on what cooperation with them by new entrants to the fisheries entails for the l...
British Yearbook of International Law, 2008
British Yearbook of International Law, 2005
Cambridge International Law Journal, 2021
The 2018 Fisheries White Paper and the Fisheries Act 2020 were designed to govern United Kingdom ... more The 2018 Fisheries White Paper and the Fisheries Act 2020 were designed to govern United Kingdom (UK) fisheries management in the post-Brexit era irrespective of whether the UK and the European Union (EU) succeeded in settling their differences on fisheries and other matters that for much of 2020 made it uncertain whether the Trade and Cooperation Agreement could be concluded. This article considers several international legal issues raised by the White Paper and Fisheries Act, including the choices made by the UK as to which regional fisheries management organisations to (re)join now that the EU no longer speaks for the UK within them, and the treaty processes for doing so, before moving on to further matters given only sketchy treatment in, or omitted altogether from, those documents, on which a firmer position ought to have been taken. Lastly, a new problem apparent for the first time in the Fisheries Act is discussed: navigational freedom of foreign fishing vessels in the UK'...
, it decided on objectives and principles for the design and implementation of an experimental fi... more , it decided on objectives and principles for the design and implementation of an experimental fishing programme, which required that any programme should be the product of collaboration between the parties, not jeopardise the potential recovery of the parental stock, and be designed to deliver scientifically valid and meaningful results: see infra, nn 139-142 and accompanying text.
This paper begins by outlining the history of the Rules of Origin negotiations in the World Trade... more This paper begins by outlining the history of the Rules of Origin negotiations in the World Trade Organization (WTO), unfinished business from the Uruguay Round that is separate from the current Doha Round. The treatment of products of the sea is one of a large number of unresolved issues; progress on settling these has been so slow that the goal of an agreement harmonizing rules of origin may never be reached. After sketching the treatment of uncontentious parts of the text on fish, the paper turns to the focus of controversy for the last several years: the origin to be ascribed to fish taken from the exclusive economic zone (EEZ). Participants' positions are polarized between two views recalling the great divide between coastal States and distant-water fishing States before the EEZ’s advent in the 1970s. To an extent no longer seen in debates within international fisheries commissions, one camp is seemingly oblivious to the developments of the past 50 years in international fi...
This is the name appearing in the February 2008 version of the Aquatic Sciences and Fisheries Inf... more This is the name appearing in the February 2008 version of the Aquatic Sciences and Fisheries Information System electronic database maintained by the Food and Agriculture Organization of the United Nations (FAO), <www.fao.org/fishery/collection/asfis> (visited on 11 June 2008). Many early classifications used Thynnus rather than Thunnus for the genus: see B.B.
Martinus Nijhoff Publishers eBooks, 2004
International Law and Politics of the Arctic Ocean
Formal notice of the United Kingdom�s intention to leave the European Union was given on 29 Mar... more Formal notice of the United Kingdom�s intention to leave the European Union was given on 29 March 20172. The completion of this process, or Brexit in common parlance, will take place on the second anniversary of that event in March 2019, subject to a possible transitional period of around two more years, the terms and extent of which have yet to be agreed. The objective is to restore to the United Kingdom (UK) exclusive competence for law making and regulation that was ceded exclusively or jointly to European bodies when the UK joined the then European Economic Community (EEC)3 in 1973. The primacy of EU law over UK domestic law, not in itself legally controversial, could nonetheless have far-reaching effects, as demonstrated by the decisions of the European Court of Justice in the Factortame cases that will be discussed in Part II of this paper4
Autonomous and unmanned vessels are already in use in the defence industry for mine clearance and... more Autonomous and unmanned vessels are already in use in the defence industry for mine clearance and targets; in the oil and gas industry for subsea positioning, surveying and environmental monitoring; and in oceanographic data collection. While these vessels are still on a small scale, the technology can be easily scaled up to SOLAS size. The paper will look at the issues involved with increasing autonomy in shipping with an introduction to the concept; an overview of current developments; the technology present and future; safety and assurance of vessels; what changes mean for shipowners; legal and insurance implications; and the human element – monitoring and navigating autonomous ships
... The Rotterdam Rules: A Practical Annotation will carefully examine the text of the Rules, all... more ... The Rotterdam Rules: A Practical Annotation will carefully examine the text of the Rules, all ninety-six articles of the new Convention, and compare them to the text of theHague-Visby Rules, the instrument currently covering most bills of lading. ...
Fisheries and the Law in Europe, 2022
Codification of Maritime Law, 2019
Ocean Yearbook Online, 2021
International and Comparative Law Quarterly, 2011
International fisheries law is no longer driven by the clash of interests between coastal and dis... more International fisheries law is no longer driven by the clash of interests between coastal and distant-water fishing States, but is increasingly about how States in existing international fisheries, mostly with some degree of responsibility for their depletion, are striving to exclude newcomers. The residual freedom of fishing on the high seas is an obstacle to regulation by international commissions since States outside are not bound by treaties to which they are not party—which in turn creates a disincentive for States inside to accept the necessary restraints. Rules to limit entry to international fisheries are therefore now needed, and articles 8 and 17 of the UN Fish Stocks Agreement come close to this, but their transformation into custom (or that of regulations adopted by fisheries commissions into objective regimes) so as to bind non-parties is being stunted by commissions' self-serving views on what cooperation with them by new entrants to the fisheries entails for the l...
British Yearbook of International Law, 2008
British Yearbook of International Law, 2005
Cambridge International Law Journal, 2021
The 2018 Fisheries White Paper and the Fisheries Act 2020 were designed to govern United Kingdom ... more The 2018 Fisheries White Paper and the Fisheries Act 2020 were designed to govern United Kingdom (UK) fisheries management in the post-Brexit era irrespective of whether the UK and the European Union (EU) succeeded in settling their differences on fisheries and other matters that for much of 2020 made it uncertain whether the Trade and Cooperation Agreement could be concluded. This article considers several international legal issues raised by the White Paper and Fisheries Act, including the choices made by the UK as to which regional fisheries management organisations to (re)join now that the EU no longer speaks for the UK within them, and the treaty processes for doing so, before moving on to further matters given only sketchy treatment in, or omitted altogether from, those documents, on which a firmer position ought to have been taken. Lastly, a new problem apparent for the first time in the Fisheries Act is discussed: navigational freedom of foreign fishing vessels in the UK'...
, it decided on objectives and principles for the design and implementation of an experimental fi... more , it decided on objectives and principles for the design and implementation of an experimental fishing programme, which required that any programme should be the product of collaboration between the parties, not jeopardise the potential recovery of the parental stock, and be designed to deliver scientifically valid and meaningful results: see infra, nn 139-142 and accompanying text.
This paper begins by outlining the history of the Rules of Origin negotiations in the World Trade... more This paper begins by outlining the history of the Rules of Origin negotiations in the World Trade Organization (WTO), unfinished business from the Uruguay Round that is separate from the current Doha Round. The treatment of products of the sea is one of a large number of unresolved issues; progress on settling these has been so slow that the goal of an agreement harmonizing rules of origin may never be reached. After sketching the treatment of uncontentious parts of the text on fish, the paper turns to the focus of controversy for the last several years: the origin to be ascribed to fish taken from the exclusive economic zone (EEZ). Participants' positions are polarized between two views recalling the great divide between coastal States and distant-water fishing States before the EEZ’s advent in the 1970s. To an extent no longer seen in debates within international fisheries commissions, one camp is seemingly oblivious to the developments of the past 50 years in international fi...