Abstract
Although it is not a new environmental problem, overfishing is arguably one of the most serious environmental problems today. Despite decades of government regulation, fisheries are in trouble the world over.
With little doubt, the federal fishery regulations adopted in the last twenty-five years have failed to ensure sustainable utilization of U.S. fisheries. The existing regulatory framework is "a failed experiment that has led to the destruction of United States coastal fisheries." At the same time that the federal government adopted an elaborate regulatory structure, federal law has impeded the development of cooperative fishery management institutions that may have helped address fishery decline. Specifically, antitrust law has condemned arrangements that could help ensure fishery sustainability by limiting catches.
This Article explores the tension between antitrust principles and conservation of the marine commons.
This abstract has been adapted from the author's introduction.
Document Type
Article
Publication Date
Winter 2004
Publication Information
61 Washington and Lee Law Review 3-78 (2004)
Repository Citation
Adler, Jonathan H., "Conservation Through Collusion: Antitrust as an Obstacle to Marine Resource Conservation" (2004). Faculty Publications. 2339.
https://scholarship.law.wm.edu/facpubs/2339
Included in
Antitrust and Trade Regulation Commons, Environmental Law Commons, Natural Resources Law Commons