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Kwame Mfodwo

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•30 years experience - natural resources law and policy
Address: 4 Violet Road
Regimmanuel Estates
Spintex Road Accra Ghana

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University of Glasgow

Dayana Turkmanovich

hassan abedzaid

Giuseppe Di Murro

College of Europe

Anna Dolidze ანა დოლიძე

Western University Canada

Ekaterina V . Kiseleva (Екатерина Вячеславовна Киселева)

People's Friendship University of Russia

Evgeny Tikhonravov

Georgia Institute of Technology

Boris N. Mamlyuk

University of Memphis

Makhdoom Awais Shah

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Papers by Kwame Mfodwo

Last tango with Moscow: a political and jurisprudential analysis of the Australia-USSR Fisheries Access Agreement of 1990

Melbourne Journal of International Law, Oct 1, 2005

In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-b... more In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-based order. Soon the rest of the Soviet bloc was to follow. The treaty law dimension to the collapse (principally a question of state succession to treaties) has been comprehensively commented upon, at least as regards treaties between the Soviet Union and the United States, the Soviet Union and the various Western European states, and the former Soviet bloc states themselves. Adopting both a political and jurisprudential perspective, this article discusses the Australian treaty law dimension to the collapse of the Soviet Union. Its starting point is the set of little-known treaties between Australia and Gorbachev's Soviet Union in the late 1980s-a time when it was felt that glasnost, perestroika and novoe politicheskoe myshlenie had given the Soviet Union a new lease on life. An analysis of the 1990 Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics relating to Cooperation in Fisheries, with respect to strategic imperatives and the text of the Agreement, is central to the discussion. Commentary is also provided on treaty termination and treaty continuation as practised since 1991 by Australia and the Russian Federation-the state continuer of the Soviet Union. Customary international law doctrines (rebus sic stantibus, desuetude and effectiveness) are also arguably relevant and are assessed as justificatory rubrics for the termination and continuation approaches discussed. There is a strong comparative strand to the analysis, with the discussion contrasting this specific Australian approach with those used in Europe as the various post-Soviet actors struggled to manage the sprawling treaty system left by the collapse. Political and jurisprudential perspectives are closely fused in the analysis as this best reflects the highly political character of this seemingly formalist area of international law.

Negotiating Equitable & Ecologically Sustainable Fisheries Access Agreements - A Coastal State Perspective

Increasing the Net Benefits from Fisheries and Associated Sectors in Seychelles

The objective of this study was to identify, analyse and develop methods for maximizing economic ... more The objective of this study was to identify, analyse and develop methods for maximizing economic returns/benefits from the fisheries sector in the Seychelles in a manner consistent with the sustainable utilization of the resource. The activity of all key fleets was fully analysed - the EU fleets and the East Asian fleets being the most important. Comprehensive recommendations across all sectors are provided.

A handbook for negotiating fishing access agreements

he following Model Fishing Access Handbook is offered by the authors and World Wildlife Fund to c... more he following Model Fishing Access Handbook is offered by the authors and World Wildlife Fund to coastal States and distant water fishing States interested in the sustainable development and conservation of marine fisheries resources in coastal State exclusive economic zones and adjacent high seas areas. The handbook is intended for use by parties in the negotiation of bilateral and regional fishing access arrangements in developing State EEZ’s

Risk-based management of historically contaminated land in NSW: an analysis of the regime under the Contaminated Land Management Act 1997 (NSW)

Journal of Natural Resources, 2006

The Australasian Journal of Natural Resources Law and Policy [Vol. 11, No. 1, 2006] 43 RISK-BASED... more

Last Tango with Moscow: A Political and Jurisprudential Analysis of the Australia-USSR Fisheries Access Agreement of 1990

Social Science Research Network, Jun 19, 2006

In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-b... more In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-based order. Soon the rest of the Soviet bloc was to follow. The treaty law dimension to the collapse (principally a question of state succession to treaties) has been comprehensively commented upon, at least as regards treaties between the Soviet Union and the United States, the Soviet Union and the various Western European states, and the former Soviet bloc states themselves. Adopting both a political and jurisprudential perspective, this article discusses the Australian treaty law dimension to the collapse of the Soviet Union. Its starting point is the set of little-known treaties between Australia and Gorbachev's Soviet Union in the late 1980s -a time when it was felt that glasnost, perestroika and novoe politicheskoe myshlenie had given the Soviet Union a new lease on life. An analysis of the 1990 Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics relating to Cooperation in Fisheries, with respect to strategic imperatives and the text of the Agreement, is central to the discussion. Commentary is also provided on treaty termination and treaty continuation as practised since 1991 by Australia and the Russian Federation -the state continuer of the Soviet Union. Customary international law doctrines (rebus sic stantibus, desuetude and effectiveness) are also arguably relevant and are assessed as justificatory rubrics for the termination and continuation approaches discussed. There is a strong comparative strand to the analysis, with the discussion contrasting this specific Australian approach with those used in Europe as the various post-Soviet actors struggled to manage the sprawling treaty system left by the collapse. Political and jurisprudential perspectives are closely fused in the analysis as this best reflects the highly political character of this seemingly formalist area of international law.]

A geopolitical-economy of distant water fisheries access arrangements

npj ocean sustainability, Apr 29, 2024

A geopolitical-economy of distant water fishing access arrangements

npj Ocean Sustain 3, 26 (2024).

International Concerns Regarding IUU Fishing

Commonwealth economic papers, Feb 1, 2009

ACP Trade with Other Markets

Commonwealth economic papers, Feb 1, 2009

Implications of the IUU Regulation for ACP Fisheries Exports

Commonwealth eBooks, Feb 1, 2009

Text of the IUU Regulation

Commonwealth eBooks, Feb 1, 2009

GATT/WTO Compatibility Issues

Commonwealth economic papers, Feb 1, 2009

The Globalisation of Fisheries

Commonwealth eBooks, Feb 1, 2009

This section of the report lays out the key features of the current globalised system of fisherie... more This section of the report lays out the key features of the current globalised system of fisheries and relates these to the IUU problem. Fisheries and fishing activities, including production, trade, and governance, have become progressively globalised. 7 The key factors behind the creation of what is now a global fisheries economy are high-speed communication, transportation, refrigeration and information technology. Other factors include the combined operation of fishing activities that permit previously internationally dispersed activities to be linked through direct enterprise co-ordination or through less direct mechanisms such as markets and prices. The drivers fuelling the establishment and consolidation of the global fisheries economy can be highlighted as follows:

An Overview of the ACP-EC Fisheries Trade System

Commonwealth economic papers, Feb 1, 2009

EC Policy Framework for Fisheries

Commonwealth eBooks, Feb 1, 2009

The EC is the world's leading importer of fish and has fishing fleets in every ocean. The EC cons... more The EC is the world's leading importer of fish and has fishing fleets in every ocean. The EC considers itself to have a major responsibility in taking a lead in preventing, deterring and eliminating IUU fishing, and it has a clear economic interest in combating it. Given the high levels of support the EC gives to its fisheries (including subsidies to the EC fleet), EC fishing interests are concerned that IUU fish is a source of price competition. The IUU Regulation forms part of a comprehensive regulation by the EC of fisheries and trade in fisheries products. The detailed analysis of the IUU Regulation set out below needs to be understood in light of the overall policy framework within which the Regulation is situated.

First steps towards a quota allocation system in the Indian Ocean

Marine Policy, Jul 1, 2012

In response to recommendations made by a recent performance review, the Indian Ocean Tuna Commiss... more In response to recommendations made by a recent performance review, the Indian Ocean Tuna Commission (IOTC) is attempting to develop a quota allocation system (QAS) for management of the tuna and tuna-like species of the Indian Ocean. As “first-movers” in the process, Indonesia, the Seychelles, the European Union, Iran, and the Republic of Korea made contrasting proposals to the IOTC in March 2011 on possible QAS form and structure. Structure (the factors to be taken into account in determining allocation) is critical as it will determine on a long term basis the share accruing to each IOTC member state of the estimated USD 2–3 billion worth of tuna caught in the Indian Ocean each year. This article records and discusses the content of these first steps towards QAS formulation by placing them in the context of rights-based management as applied to the offshore areas falling under tuna RFMO management. The options proposed in March (which the IOTC is still considering) all have a similar architecture but result in sharply divergent allocation outcomes. Despite the sophistication of some of the proposals, the recent IOTC review suggests that the regulatory and management capacity of the IOTC does not match the science and enforcement requirements appropriate to these recent proposals. Perhaps efforts to improve IOTC performance need to be made in parallel with discussions on QAS definition and implementation. To further advance the debate and also concretely demonstrate likely economic outcomes, the article provides indicative monetary valuations of quota allocations proposed. It uses a range of potential historical reference periods (5, 10, 15, and 20 years).

Risk-Based Management of Historically Contaminated Land in NSW: An Analysis of the Regime Under the Contaminated Land Management Act 1997 (NSW)

Social Science Research Network, Feb 26, 2008

... email: &lt;[email protected]&gt;. =~&#x27; Page 3. ... (1998) 9 Jour... more

Understanding the risks to adoption of an Australian seafloor exploration and mining industry: a desk top study of international & selected country experiences

CSIRO, 2007

Emerging Environmental Trends

Last tango with Moscow: a political and jurisprudential analysis of the Australia-USSR Fisheries Access Agreement of 1990

Melbourne Journal of International Law, Oct 1, 2005

In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-b... more In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-based order. Soon the rest of the Soviet bloc was to follow. The treaty law dimension to the collapse (principally a question of state succession to treaties) has been comprehensively commented upon, at least as regards treaties between the Soviet Union and the United States, the Soviet Union and the various Western European states, and the former Soviet bloc states themselves. Adopting both a political and jurisprudential perspective, this article discusses the Australian treaty law dimension to the collapse of the Soviet Union. Its starting point is the set of little-known treaties between Australia and Gorbachev's Soviet Union in the late 1980s-a time when it was felt that glasnost, perestroika and novoe politicheskoe myshlenie had given the Soviet Union a new lease on life. An analysis of the 1990 Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics relating to Cooperation in Fisheries, with respect to strategic imperatives and the text of the Agreement, is central to the discussion. Commentary is also provided on treaty termination and treaty continuation as practised since 1991 by Australia and the Russian Federation-the state continuer of the Soviet Union. Customary international law doctrines (rebus sic stantibus, desuetude and effectiveness) are also arguably relevant and are assessed as justificatory rubrics for the termination and continuation approaches discussed. There is a strong comparative strand to the analysis, with the discussion contrasting this specific Australian approach with those used in Europe as the various post-Soviet actors struggled to manage the sprawling treaty system left by the collapse. Political and jurisprudential perspectives are closely fused in the analysis as this best reflects the highly political character of this seemingly formalist area of international law.

Negotiating Equitable & Ecologically Sustainable Fisheries Access Agreements - A Coastal State Perspective

Increasing the Net Benefits from Fisheries and Associated Sectors in Seychelles

The objective of this study was to identify, analyse and develop methods for maximizing economic ... more The objective of this study was to identify, analyse and develop methods for maximizing economic returns/benefits from the fisheries sector in the Seychelles in a manner consistent with the sustainable utilization of the resource. The activity of all key fleets was fully analysed - the EU fleets and the East Asian fleets being the most important. Comprehensive recommendations across all sectors are provided.

A handbook for negotiating fishing access agreements

he following Model Fishing Access Handbook is offered by the authors and World Wildlife Fund to c... more he following Model Fishing Access Handbook is offered by the authors and World Wildlife Fund to coastal States and distant water fishing States interested in the sustainable development and conservation of marine fisheries resources in coastal State exclusive economic zones and adjacent high seas areas. The handbook is intended for use by parties in the negotiation of bilateral and regional fishing access arrangements in developing State EEZ’s

Risk-based management of historically contaminated land in NSW: an analysis of the regime under the Contaminated Land Management Act 1997 (NSW)

Journal of Natural Resources, 2006

The Australasian Journal of Natural Resources Law and Policy [Vol. 11, No. 1, 2006] 43 RISK-BASED... more

Last Tango with Moscow: A Political and Jurisprudential Analysis of the Australia-USSR Fisheries Access Agreement of 1990

Social Science Research Network, Jun 19, 2006

In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-b... more In 1991, the Soviet Union collapsed rapidly and ignominiously, but within a framework of treaty-based order. Soon the rest of the Soviet bloc was to follow. The treaty law dimension to the collapse (principally a question of state succession to treaties) has been comprehensively commented upon, at least as regards treaties between the Soviet Union and the United States, the Soviet Union and the various Western European states, and the former Soviet bloc states themselves. Adopting both a political and jurisprudential perspective, this article discusses the Australian treaty law dimension to the collapse of the Soviet Union. Its starting point is the set of little-known treaties between Australia and Gorbachev's Soviet Union in the late 1980s -a time when it was felt that glasnost, perestroika and novoe politicheskoe myshlenie had given the Soviet Union a new lease on life. An analysis of the 1990 Agreement between the Government of Australia and the Government of the Union of Soviet Socialist Republics relating to Cooperation in Fisheries, with respect to strategic imperatives and the text of the Agreement, is central to the discussion. Commentary is also provided on treaty termination and treaty continuation as practised since 1991 by Australia and the Russian Federation -the state continuer of the Soviet Union. Customary international law doctrines (rebus sic stantibus, desuetude and effectiveness) are also arguably relevant and are assessed as justificatory rubrics for the termination and continuation approaches discussed. There is a strong comparative strand to the analysis, with the discussion contrasting this specific Australian approach with those used in Europe as the various post-Soviet actors struggled to manage the sprawling treaty system left by the collapse. Political and jurisprudential perspectives are closely fused in the analysis as this best reflects the highly political character of this seemingly formalist area of international law.]

A geopolitical-economy of distant water fisheries access arrangements

npj ocean sustainability, Apr 29, 2024

A geopolitical-economy of distant water fishing access arrangements

npj Ocean Sustain 3, 26 (2024).

International Concerns Regarding IUU Fishing

Commonwealth economic papers, Feb 1, 2009

ACP Trade with Other Markets

Commonwealth economic papers, Feb 1, 2009

Implications of the IUU Regulation for ACP Fisheries Exports

Commonwealth eBooks, Feb 1, 2009

Text of the IUU Regulation

Commonwealth eBooks, Feb 1, 2009

GATT/WTO Compatibility Issues

Commonwealth economic papers, Feb 1, 2009

The Globalisation of Fisheries

Commonwealth eBooks, Feb 1, 2009

This section of the report lays out the key features of the current globalised system of fisherie... more This section of the report lays out the key features of the current globalised system of fisheries and relates these to the IUU problem. Fisheries and fishing activities, including production, trade, and governance, have become progressively globalised. 7 The key factors behind the creation of what is now a global fisheries economy are high-speed communication, transportation, refrigeration and information technology. Other factors include the combined operation of fishing activities that permit previously internationally dispersed activities to be linked through direct enterprise co-ordination or through less direct mechanisms such as markets and prices. The drivers fuelling the establishment and consolidation of the global fisheries economy can be highlighted as follows:

An Overview of the ACP-EC Fisheries Trade System

Commonwealth economic papers, Feb 1, 2009

EC Policy Framework for Fisheries

Commonwealth eBooks, Feb 1, 2009

The EC is the world's leading importer of fish and has fishing fleets in every ocean. The EC cons... more The EC is the world's leading importer of fish and has fishing fleets in every ocean. The EC considers itself to have a major responsibility in taking a lead in preventing, deterring and eliminating IUU fishing, and it has a clear economic interest in combating it. Given the high levels of support the EC gives to its fisheries (including subsidies to the EC fleet), EC fishing interests are concerned that IUU fish is a source of price competition. The IUU Regulation forms part of a comprehensive regulation by the EC of fisheries and trade in fisheries products. The detailed analysis of the IUU Regulation set out below needs to be understood in light of the overall policy framework within which the Regulation is situated.

First steps towards a quota allocation system in the Indian Ocean

Marine Policy, Jul 1, 2012

In response to recommendations made by a recent performance review, the Indian Ocean Tuna Commiss... more In response to recommendations made by a recent performance review, the Indian Ocean Tuna Commission (IOTC) is attempting to develop a quota allocation system (QAS) for management of the tuna and tuna-like species of the Indian Ocean. As “first-movers” in the process, Indonesia, the Seychelles, the European Union, Iran, and the Republic of Korea made contrasting proposals to the IOTC in March 2011 on possible QAS form and structure. Structure (the factors to be taken into account in determining allocation) is critical as it will determine on a long term basis the share accruing to each IOTC member state of the estimated USD 2–3 billion worth of tuna caught in the Indian Ocean each year. This article records and discusses the content of these first steps towards QAS formulation by placing them in the context of rights-based management as applied to the offshore areas falling under tuna RFMO management. The options proposed in March (which the IOTC is still considering) all have a similar architecture but result in sharply divergent allocation outcomes. Despite the sophistication of some of the proposals, the recent IOTC review suggests that the regulatory and management capacity of the IOTC does not match the science and enforcement requirements appropriate to these recent proposals. Perhaps efforts to improve IOTC performance need to be made in parallel with discussions on QAS definition and implementation. To further advance the debate and also concretely demonstrate likely economic outcomes, the article provides indicative monetary valuations of quota allocations proposed. It uses a range of potential historical reference periods (5, 10, 15, and 20 years).

Risk-Based Management of Historically Contaminated Land in NSW: An Analysis of the Regime Under the Contaminated Land Management Act 1997 (NSW)

Social Science Research Network, Feb 26, 2008

... email: &lt;[email protected]&gt;. =~&#x27; Page 3. ... (1998) 9 Jour... more

Understanding the risks to adoption of an Australian seafloor exploration and mining industry: a desk top study of international & selected country experiences

CSIRO, 2007

Emerging Environmental Trends

WATER GOVERNANCE IN DEVELOPING COUNTRIES - A POLICY & INTERDISCIPLINARY INTRODUCTION

Water governance refers to the range of legal, policy and administrative arrangements in place ... more Water governance refers to the range of legal, policy and
administrative arrangements in place to: develop, allocate and manage water resources and deliver water services at different levels of society. Understanding governance requires awareness of the historical, cultural and socio-political contexts in which it operates, and of the complexities of multi-level, multi-institutional processes and
methods

The material in these documents supports a programme of study with the following anticipated outcomes. Students will be able to:

Grasp the concepts underpinning water governance initiatives at different scales i.e. global/international, national, regional/catchment, and local levels
• Acquire an interdisciplinary perspective to governance, policies and practices related to integrated water management in developing and developed country contexts
• Be aware of water planning as a key governance mechanism in developed and developing country contexts
• Discuss, critique and evaluate transboundary governance
arrangements, particularly how they implement nternational
norms for sharing water and their methods of resolving conflict
• Communicate an understanding of basic governance policies and challenges as identified above in a systematic and contextually appropriate way, either orally or in written form or through multimedia, with attention to the diverse needs of governments, the private sector and civil society.

Teaching materials - Regulatory aspects offshore oil and gas production

This set of teaching materials in draft form was developed for a distance education course in reg... more This set of teaching materials in draft form was developed for a distance education course in regulatory aspects of offshore oil and gas production. The materials cover the following themes

Theories of the Origins of Oil and Gas
OOGP in Global Context
Producing Oil and Gas—Technical and Regulatory Aspects
Elements of the Regulatory Regime
Contractual and Fiscal Arrangements for O&G
Regulating Environmental Matters
Regulating Safety Matters
Protecting OOGP Facilities
Glossary of Terms and Concepts

Material may be used but should be attributed

The Regulation of Offshore Oil & Gas Production in Ghana - draft table of contents

draft table of contents for above manuscript in progress

The Regulation of Offshore Oil & Gas Production in Ghana

This is the first draft of a book to be completed by the end of the year

The Regulation of Offshore Oil & Gas Production in Ghana

This is the first draft of a manuscript in progress - the table of contents is uploaded separately