Fisheries And The Law In Europe PDF Download
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| Author | : Jonatan Echebarria Fernández |
| Publisher | : Routledge |
| Total Pages | : 96 |
| Release | : 2022-02-27 |
| Genre | : Law |
| ISBN | : 1000564339 |
Download Fisheries and the Law in Europe Book in PDF, ePub and Kindle
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 | : Till Markus |
| Publisher | : Europa Law Publishing |
| Total Pages | : 190 |
| Release | : 2009 |
| Genre | : Fishery law and legislation |
| ISBN | : 9789089520036 |
Download European Fisheries Law Book in PDF, ePub and Kindle
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 | : Mihail Vatsov |
| Publisher | : Springer Nature |
| Total Pages | : 255 |
| Release | : 2023-01-01 |
| Genre | : Law |
| ISBN | : 9462655839 |
Download Fishing Power Europe Book in PDF, ePub and Kindle
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 | : Berg |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 349 |
| Release | : 2023-09-20 |
| Genre | : Law |
| ISBN | : 9004638504 |
Download Implementing and Enforcing European Fisheries Law Book in PDF, ePub and Kindle
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 | : Robin Churchill |
| Publisher | : Oxford University Press |
| Total Pages | : |
| Release | : 2010-03-04 |
| Genre | : Law |
| ISBN | : 0191501530 |
Download The EC Common Fisheries Policy Book in PDF, ePub and Kindle
The Common Fisheries Policy (CFP) is one of the longest established and more controversial of the common policies of the EC. It deals principally with the management of fishery resources, relations between the EC and third States in fisheries matters, the marketing of and trade in fishery products, financial assistance to the fisheries sector, and aquaculture. However, the CFP is not just a matter for those with an economic interest in fisheries. It also raises many issues of more general concern, such as the capacity of the EC and its Member States to manage important natural resources sustainably, the impact of fishing on the wider marine environment, and relations between developed and developing States. This book addresses the CFP from a legal perspective. It provides a detailed account of the very large body of EC law comprising the CFP, and draws on the European Commission's associated documents to aid interpretation and add context. As a result, the book will be of value to anyone wanting knowledge of the law of the CFP. Although not addressing the Commission's 2009 Green Paper on reform of the CFP, the book should provide a useful reference point against which to view the reform of parts of the CFP that is anticipated to take place over the next few years.
| Author | : Jill Wakefield |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 333 |
| Release | : 2016-06-24 |
| Genre | : Law |
| ISBN | : 1785367668 |
Download Reforming the Common Fisheries Policy Book in PDF, ePub and Kindle
This book takes a critical view of the policy and law governing EU marine fisheries and the effect of the 2013 reform of the Common Fisheries Policy (CFP). Reforms to the CFP are impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of Justice’s creation of principles unique to the sector. The author discusses how damaging effects of fishing could be ameliorated if the Court were to align fisheries principles with general principles of law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.
| Author | : Sven Sebastian Uhlmann |
| Publisher | : Springer |
| Total Pages | : 438 |
| Release | : 2018-12-19 |
| Genre | : Science |
| ISBN | : 3030033082 |
Download The European Landing Obligation Book in PDF, ePub and Kindle
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 | : Emma Victoria Witbooi |
| Publisher | : Martinus Nijhoff Publishers |
| Total Pages | : 287 |
| Release | : 2011-11-11 |
| Genre | : Law |
| ISBN | : 9004206760 |
Download Fisheries and Sustainability Book in PDF, ePub and Kindle
Marine living resources are currently under severe threat from unsustainable use. International law urges a precautionary approach in the use of remaining fish stocks, necessitating rational domestic management of coastal fisheries and requiring foreign nations accessing these stocks to cooperate to this end. The manner in which bilateral fishing relations between the EU and various West African states have historically played out, however, has not followed this route. This book is a legal study of these relations from an inter-disciplinary and contextual perspective with particular reference to sustainability questions using three broad conceptual lenses: common resource management, integration towards sustainable development and the colonial legacy to interrogate the extent to which these interactions operated as legal instruments of sustainability.
| Author | : Arthur Kirchhofer |
| Publisher | : Birkhäuser |
| Total Pages | : 340 |
| Release | : 2012-12-06 |
| Genre | : Science |
| ISBN | : 3034890141 |
Download Conservation of Endangered Freshwater Fish in Europe Book in PDF, ePub and Kindle
Two events have recently improved the prospects of protecting fish and their environment in Switzerland: the acceptance of a new Federal Water Protection Law in the plebiscite of May 17th 1992, and the new Federal Legislation on Fisheries, in force since January 1st 1994. With this legal framework, the possibilities for protection of nature and landscape have now considerably improved in Switzerland. The most important aims of the Federal Law on Water Protection are to safeguard the natural habitats of the native flora and fauna and water as the habitat of aquatic organisms. This includes not only the preservation or restoration of water quality in lakes and rivers, but also, in rivers used for hydroelectricity, irrigation or as industrial or other water supplies, the maintenance of sufficient water to fulfill the minimal requirements for fish. However, good quality water in sufficient quan tities alone is not enough to guarantee the survival of fish. Intact fish habitats comprise various phYsical structures including plenty of hiding places, hunting grounds, reproduction and nursery areas within suitable distances from each other. This third aspect of conservation and restoration of aquatic habitats is a central point in the new Federal Law on Fisheries. Whereas the former versions of this law were more concerned with fishery regulations, the recent legislation defines new areas of responsibility for the federal and the cantonal governments.
| Author | : Ronán J. Long |
| Publisher | : John Wiley & Sons |
| Total Pages | : 416 |
| Release | : 2008-04-30 |
| Genre | : Technology & Engineering |
| ISBN | : 0470698241 |
Download Enforcing the Common Fisheries Policy Book in PDF, ePub and Kindle
The main focus of this book is a review of how the Common Fisheries Policy is enforced throughout the Community, with a discussion of its successes and failures. Topics include the various rules and policies to be enforced; the enforcement authorities in the Member States and their activities and strategies; the role of the Commission and its approach to enforcement; new developments in fisheries control; the costs of enforcement; and problem fisheries and non compliance generally.
