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| Author | : Jonatan Echebarria Fernández |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : Law |
| ISBN | : 9781032172507 |
Assessing the new fishing relationship between the UK and the EU which will continue to develop over the next decade, it provides an important and study of the state of fisheries post-Brexit.
| Author | : Till Markus |
| Publisher | : Europa Law Publishing |
| Total Pages | : 190 |
| Release | : 2009 |
| Genre | : Fishery law and legislation |
| ISBN | : 9789089520036 |
The EC's Common Fisheries Policy (CFP) was established to ensure that the exploitation of living aquatic resources in EC waters and by EC fisheries is carried out at sustainable levels. However, since its inception in 1970, the CFP has pursued conflicting objectives. On one hand, it has tried to manage fisheries by establishing and implementing a complex system of conservation, control, and enforcement measures. On the other hand, it has heavily subsidized its fisheries sector to secure food supplies, increase employment and the sector's competitiveness, as well as to further economic development in coastal regions. Given that many fish stocks exploited by EC fisheries are overfished and catches continue to decline, it could be argued that EC management and promotion measures have generally failed. Conservation measures - such as total allowable catches, effort restrictions, and technical measures - often encourage fishing at unsustainable levels. Control and enforcement measures have lacked effectiveness. On the other hand, in many cases, subsidies have increased fishing and processing capacities of the EC's fisheries industry. High capacity in the sector, however, demands high catch rates, thus putting pressure on marine capture resources. It has only been recently that the CFP has really begun to adjust its support practices to correspond to the situational and legal management requirements. Nevertheless, such subsidization continues even under the new European Fisheries Fund. This book: (a) explains and make accessible the CFP's complex management and promotional regimes, (b) identifies problems and failures in both systems, (c) assesses whether CFP measures are coherent as well as consistent with higher ranking law, and (d) finds out how consistency between promotion and management can be increased.
| Author | : Berg |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 349 |
| Release | : 2023-09-20 |
| Genre | : Law |
| ISBN | : 9004638504 |
Within the European Union, overfishing, overcapacity and non-compliance with the system of catch quotas are threatening the very existence of some fisheries resources. In dealing with these problems, the Common Fisheries Policy (CFP) has developed into one of the most regulated areas of the European Union. Yet, in order to provide for the necessary implementation and enforcement frameworks, the European Union strongly relies on the Member States: a reliance on fifteen different legal systems with different regulatory capacities, different legal traditions and different enforcement systems of criminal law, administrative law, private law or disciplinary law. Implementing and Enforcing European Fisheries Laws focuses on the legal and practical problems of the implementation and enforcement of the EU's catch quotas in a shared legal order. It examines in detail how effective enforcement can be achieved in a process of European integration. A distinctive feature of this book is the attention given to the trend towards sectoralization whereby management and enforcement responsibilities are shared between the central government and organisations representing fishermen. To what extent does sectoralization affect traditional systems of public law enforcement? What does resort to the fishing sector itself mean for the degree of legal control Member States exercise over these systems? The book is divided into three sections: Part One examines the Community law context; Part Two investigates implementation and enforcement in the Netherlands and the United Kingdom and analyzes the effectiveness of the existing regulatory frameworks and the systems of criminal, administrative and disciplinary law used to enforce the fisheries laws and regulations. Part Three compares the national systems in the light of European law requirements and the protection of individual rights. The book concludes with the future of fisheries enforcement and considers the potential changes in enforcement. The study is of importance for the future role of the CFP and its possible effects on national implementation and enforcement. More generally, the book reveals the shifting distribution of responsibilities between the Community and the national institutions and actors involved and shows many of the possibilities for and the limits of regulatory enforcement in a setting of European integration.
| Author | : Jonatan Echebarria Fernández |
| Publisher | : Routledge |
| Total Pages | : 96 |
| Release | : 2022-02-27 |
| Genre | : Law |
| ISBN | : 1000564339 |
Examining fisheries, Brexit, the Trade and Cooperation Agreement (TCA) and its consequences for the Fishing Industry in the UK and the EU, this book explores key issues within the complex topic of fisheries after Brexit. Assessing the new fishing relationship between the UK and the EU, which will continue to develop over the next decade, it provides an important study of the state of fisheries post-Brexit. Taking a cross-cutting economic, legal and policy approach, the book outlines the social and economic impacts of Brexit on the UK and EU fishing industries. It critically analyses the provisions relevant to fisheries in the TCA, reflects on the bilateral fishing negotiations between the EU, UK and Norway, providing inferences as to what the "new and special relationship" might be in fisheries. It then focuses on the 2020 Fisheries Act and explores internal divergences in the nations of the UK because of devolution. Taking an international approach, the work offers an exploration of cooperation in fisheries enforcement, international and regional obligations in marine conservation, and the new horizons for the UK in international fisheries organizations and arrangements now it is no longer a member of the EU. It offers an overview of expert opinion on fisheries post-Brexit, highlighting lessons learned and future developments for fisheries in a post-Brexit world. Having finally signed the Trade and Cooperation Agreement on 31 December 2020 after tense negotiations, the United Kingdom and European Union have found themselves in a new fisheries relationship. This book maps the complex social, economic, legal and policy issues of fisheries in a post-Brexit world and will be of interest to stakeholders and scholars.
| Author | : Robin Churchill |
| Publisher | : Oxford University Press |
| Total Pages | : 640 |
| Release | : 2010-03-04 |
| Genre | : Law |
| ISBN | : 019927584X |
The Common Fisheries Policy (CFP) is controversial, and is widely blamed both for the poor state of Europe's fish stocks and the woes of its fishermen. This book lays out in detail the varied roles and responsibilities of the EU under the CFP, examining both the law and the policy issues crucial to understanding its operation.
| Author | : Sven Sebastian Uhlmann |
| Publisher | : Springer |
| Total Pages | : 438 |
| Release | : 2018-12-19 |
| Genre | : Science |
| ISBN | : 3030033082 |
This open access book provides a comprehensive examination of the European Landing Obligation policy from many relevant perspectives. It includes evaluations of its impacts at economical, socio-cultural, ecological and institutional levels. It also discusses the feasibility and benefits of several potential mitigation strategies. The book was timely published, exactly at the time where the Landing Obligation was planned to be fully implemented. This book is of significant interest to all stakeholders involved, but also to the general public of Europe and to other jurisdictions throughout the world that are also searching for ways to deal with by-catch and discard issues.
| Author | : Ellen Hey |
| Publisher | : BRILL |
| Total Pages | : 670 |
| Release | : 2021-10-05 |
| Genre | : Law |
| ISBN | : 9004478388 |
| Author | : Ernesto Penas Lado |
| Publisher | : John Wiley & Sons |
| Total Pages | : 392 |
| Release | : 2016-02-08 |
| Genre | : Technology & Engineering |
| ISBN | : 1119085659 |
Written by Ernesto Penas of the European Commission’s Directorate-General for Maritime Affairs and Fisheries, this thorough and comprehensive book provides a full understanding of the European Commission’s common fisheries policy (CFP), which is of major importance to all fisheries scientists and managers. Commencing with introductory chapters which look at the history behind the CFP, its birth and enlargement, this excellent book continues with chapters covering the major aspects of the CFP including policies on conservation, fishing fleets, structure, control, and environment, the external sector, scientific advice, stakeholders and decision making. Further chapters consider the Mediterranean Sea, aquaculture and the reforms of the CFP. A concluding chapter looks at what’s next for the CFP. The Common Fisheries Policy is an essential reference for all fisheries managers and fisheries scientists throughout the world, and provides a huge wealth of important information for fish biologists, conservation biologists, marine biologists, environmental scientists and ecologists in academia, governmental and non-governmental organizations and commercial operations. Libraries in all universities and research establishments where fisheries and/or biological sciences are studied and taught should have copies on their shelves.
| Author | : Mihail Vatsov |
| Publisher | : Springer Nature |
| Total Pages | : 255 |
| Release | : 2023-01-01 |
| Genre | : Law |
| ISBN | : 9462655839 |
This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them. The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally. Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
| Author | : Gemma Andreone |
| Publisher | : Springer |
| Total Pages | : 278 |
| Release | : 2017-03-30 |
| Genre | : Law |
| ISBN | : 3319512749 |
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
