European Union Fisheries Legislation
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European Union Fisheries Legislation
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Author : Great Britain: Parliament: House of Lords: European Union Committee
language : en
Publisher: The Stationery Office
Release Date : 2005-07-11
European Union Fisheries Legislation written by Great Britain: Parliament: House of Lords: European Union Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-07-11 with Technology & Engineering categories.
This report contains evidence from the Nature Conservation and Fisheries Minister, Ben Bradshaw following a number of scrutiny overrides resulting from the late deposit of items before Council meetings. The Committee want the Government to address shortcomings in the EU's fisheries policy decision-making process during the time of its presidency of the European Union.
Fisheries And The Law In Europe
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Author : Jonatan Echebarria Fernández
language : en
Publisher: Routledge
Release Date : 2022-02-27
Fisheries And The Law In Europe written by Jonatan Echebarria Fernández and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-27 with Law categories.
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.
Implementing And Enforcing European Fisheries Law
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Author : Berg
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2023-09-20
Implementing And Enforcing European Fisheries Law written by Berg and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-20 with Law categories.
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.
The Ec Common Fisheries Policy
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Author : Robin Churchill
language : en
Publisher: Oxford University Press
Release Date : 2010-03-04
The Ec Common Fisheries Policy written by Robin Churchill and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-04 with Law categories.
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.
European Fisheries Law
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Author : Till Markus
language : en
Publisher: Europa Law Publishing
Release Date : 2009
European Fisheries Law written by Till Markus and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Fishing Power Europe
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Author : Mihail Vatsov
language : en
Publisher: Springer Nature
Release Date : 2023-01-01
Fishing Power Europe written by Mihail Vatsov and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-01 with Law categories.
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.
Reforming The Common Fisheries Policy
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Author : Jill Wakefield
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-06-24
Reforming The Common Fisheries Policy written by Jill Wakefield and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-24 with Law categories.
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.
Maritime Policy Of The European Union And Law Of The Sea
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Author : Peter Ehlers
language : en
Publisher: LIT Verlag Münster
Release Date : 2008
Maritime Policy Of The European Union And Law Of The Sea written by Peter Ehlers and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Fishery law and legislation categories.
In June 2006 the European Commission published its so-called 'Green Paper' under the title: 'Towards a future Maritime Policy for the Union. A European vision for the oceans and seas.' In February 2006, looking ahead to this emerging vision, Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organised a seminar on 'Law of the Sea and Maritime Policy of the EC'. Participants were graduate scholars of the International Max Planck Research School for Maritime Affairs (IMPRS) at the University of Hamburg and graduate students. Their papers published here cover various legal and policy issues ranging from the maritime policy of the European Union relating to the 'Erika III Package', EMSA, security for ships and port facilities, the failed Port Package II, different aspects of fisheries management and law to sanctioning violations of MARPOL through criminal law.
Fisheries Subsidies Under International Law
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Author : Chen-Ju Chen
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-09-17
Fisheries Subsidies Under International Law written by Chen-Ju Chen and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-17 with Law categories.
Subsidies to fisheries have been in existence for centuries. However, these remained outside the spotlight of the international community until the turn of this century when the negative effects that fisheries subsidies have on international trade, the environment and sustainable development became increasingly clear. As a result the Doha Round Negotiations set the parameters for an effective fisheries subsidies regime. WTO Members thus embarked in intensive negotiations with the collaboration of various international organizations. These negotiations culminated with publication of the legal text of the Chairman of the Negotiating Group on Rules in 2007 which reflects to a large extent the mandates of the Ministerial Conferences and reconciles the diverse interests of the negotiators. The EU as a major WTO Member and with its own Common Fisheries Policy which has been in effect for a number of years can serve as the basis for comparison and improvement of the proposed regulations.
Quo Vadis Common Fisheries Policy
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Author : Ernesto Penas Lado
language : en
Publisher: John Wiley & Sons
Release Date : 2019-09-10
Quo Vadis Common Fisheries Policy written by Ernesto Penas Lado and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-10 with Technology & Engineering categories.
Offers a guide and provides an analysis of how a public European fisheries policy should be evaluated, implemented, and reformed Quo Vadis Common Fisheries Policy? is an essential book that provides an authoritative guide to the future challenges that face the public European fisheries policy. Written by a noted expert with 30 years’ experience in fisheries policies, the book provides the information needed to analyze how a public EU policy should be evaluated, implemented, and reformed. The book examines the difficulties of implementing the new policy including the application of the objectives of the 2013 policy reform. The author explores the myriad challenges that face the new policy due to global warming, pollution, and other global drivers. The book compares the new policy with other fisheries policy, particularly with the United States fisheries policy under the Magnusson-Stevens Act. The book offers an opportunity to address and discuss the challenges and obstacles that are not currently in the public domain. This important book: Provides a unique view from a noted expert and former policy insider Offers a critical analysis of a public EU policy from a pro-European standpoint. Gives a foundational resource to aid in the debate on the future of the Common Fisheries Policy Includes topics that go beyond EU’s policy and have implications for fisheries’ management around the world Written for administrations and stakeholders in the European and international fishing industry, Quo Vadis Common Fisheries Policy? addresses the challenges of EU’s new fisheries policy and offers a comparison of the US fisheries policy. The book helps foster much-needed debate about this topic.