Implementing And Enforcing European Fisheries Law

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Implementing and Enforcing European Fisheries Law

Author : Berg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004638504
Total Pages : 349 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Implementing and Enforcing European Fisheries Law by : Berg

Download or read book Implementing and Enforcing European Fisheries Law written by Berg and published by Martinus Nijhoff Publishers. This book was released on 2023-09-20 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Enforcement of International and EU Law in Maritime Affairs

Author : Peter Ehlers
Publisher : LIT Verlag Münster
ISBN 13 : 3825814807
Total Pages : 236 pages
Book Rating : 4.8/5 (258 download)

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Book Synopsis Enforcement of International and EU Law in Maritime Affairs by : Peter Ehlers

Download or read book Enforcement of International and EU Law in Maritime Affairs written by Peter Ehlers and published by LIT Verlag Münster. This book was released on 2008 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ocean governance has its legal basis in the United Nations Convention on the Law of the Sea and in numerous international maritime conventions. These rules help to balance conflicting interests in the uses of the oceans and seas and the protection and preservation of the marine environment. Their efficiency depends, however, on their enforcement. In 2007 Prof. Dr. Dr. h.c. Peter Ehlers and Prof. Dr. Rainer Lagoni organized a seminar on 'Enforcement of International and EU Law in Maritime Affairs'. 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 cover various aspects of enforcement relating to the new Wreck Removal Convention and to rules of the European Union, such as port State control, enforcement measures in fisheries, the European Maritime Safety Agency (EMSA), protection of maritime boundaries and inquiries into maritime casualties. The volume also includes an analysis of the maritime policy of the EU as a new integrated approach to maritime activities.

The European Landing Obligation

Author : Sven Sebastian Uhlmann
Publisher : Springer
ISBN 13 : 3030033082
Total Pages : 438 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis The European Landing Obligation by : Sven Sebastian Uhlmann

Download or read book The European Landing Obligation written by Sven Sebastian Uhlmann and published by Springer. This book was released on 2018-12-19 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

European Access

Author :
Publisher :
ISBN 13 :
Total Pages : 612 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis European Access by :

Download or read book European Access written by and published by . This book was released on 2001 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Administrative Sanctions in Fisheries Law

Author : Philippe Cacaud
Publisher : Food & Agriculture Org.
ISBN 13 : 9789251050347
Total Pages : 72 pages
Book Rating : 4.0/5 (53 download)

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Book Synopsis Administrative Sanctions in Fisheries Law by : Philippe Cacaud

Download or read book Administrative Sanctions in Fisheries Law written by Philippe Cacaud and published by Food & Agriculture Org.. This book was released on 2003 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fisheries law enforcement, from investigation to judgement, continues to be an expensive and lengthy process in many jurisdictions. Many countries - particularly developing countries - experience such a significant backlog of pending trials for conventional criminal offences that dealing with fisheries offences is not a priority. This study suggests considering the use of administrative sanctions as a direct response to the problem and examines the administrative systems for dealing with fisheries offences in a diverse range of countries from different legal systems. It is intended to assist states in identifying the issues they need to take into account when considering the adoption of such a scheme. It is expected that the study will be especially valuable to developing states seeking to adopt a cost effective means of dealing with illegal, unreported and unregulated fishing, but which nonetheless wish to ensure that the basic individual rights of the accused are protected.

International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing

Author : Food and Agriculture Organization of the United Nations. Committee on Fisheries
Publisher :
ISBN 13 :
Total Pages : 38 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing by : Food and Agriculture Organization of the United Nations. Committee on Fisheries

Download or read book International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing written by Food and Agriculture Organization of the United Nations. Committee on Fisheries and published by . This book was released on 2001 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IOPA-IUU is a voluntary instrument that applies to all States and entities and to all fishers. Following the IPOA's introduction, the nature and scope of IUU fishing is addressed. This is followed by the IPOA's objective and principles and the implementation of measures to prevent, deter and eliminate IUU fishing. These measures focus on all State responsibilities, flag State responsibilities, coastal State measures, port State measures, internationally agreed market-related measures, research and regional fisheries management organizations. Special requirements of developing countries are then considered, followed by reporting requirements and the role of FAO.

Implementing and Enforcing European Fisheries Law

Author : Astrid Berg
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041112637
Total Pages : 354 pages
Book Rating : 4.1/5 (126 download)

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Book Synopsis Implementing and Enforcing European Fisheries Law by : Astrid Berg

Download or read book Implementing and Enforcing European Fisheries Law written by Astrid Berg and published by Martinus Nijhoff Publishers. This book was released on 1999-08-25 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 lawused 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.

Fish Welfare

Author : Edward J. Branson
Publisher : John Wiley & Sons
ISBN 13 : 0470698047
Total Pages : 316 pages
Book Rating : 4.4/5 (76 download)

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Book Synopsis Fish Welfare by : Edward J. Branson

Download or read book Fish Welfare written by Edward J. Branson and published by John Wiley & Sons. This book was released on 2008-04-30 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fish have the same stress response and powers of nociception as mammals. Their behavioural responses to a variety of situations suggest a considerable ability for higher level neural processing – a level of consciousness equivalent perhaps to that attributed to mammals. Each chapter of this book has been written by specialists in their field. The subject matter is wide ranging and covers in detail concepts of animal welfare in addition to more specific aspects of fish welfare. Philosophical concepts of welfare are discussed along with more practical areas of fish welfare encompassing all husbandry and management activities that have a potential to affect the welfare of the fish in our care. This book is an essential purchase for fish veterinarians, fish farmers, fish biologists and those involved in the aquaculture industry and its regulation.

Developments in International Fisheries Law

Author : Ellen Hey
Publisher : Springer
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis Developments in International Fisheries Law by : Ellen Hey

Download or read book Developments in International Fisheries Law written by Ellen Hey and published by Springer. This book was released on 1999-11-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Journal of International Maritime Law

Author :
Publisher :
ISBN 13 :
Total Pages : 108 pages
Book Rating : 4.3/5 (5 download)

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Book Synopsis The Journal of International Maritime Law by :

Download or read book The Journal of International Maritime Law written by and published by . This book was released on 2007 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal aspects of abandoned, lost or otherwise discarded fishing gear

Author : Hodgson, S.
Publisher : Food & Agriculture Org.
ISBN 13 : 9251355428
Total Pages : 76 pages
Book Rating : 4.2/5 (513 download)

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Book Synopsis Legal aspects of abandoned, lost or otherwise discarded fishing gear by : Hodgson, S.

Download or read book Legal aspects of abandoned, lost or otherwise discarded fishing gear written by Hodgson, S. and published by Food & Agriculture Org.. This book was released on 2022-01-05 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing quantity of plastic waste in the marine environment including abandoned, lost or otherwise discarded fishing gear (ALDFG) is a global problem. A particular feature of ALDFG is the potential of some gears to carry on fishing for many months or even years. The study examines legal responses to ALDFG in the context of marine fisheries. After discussing the nature of the problem of ALDFG and some of the reasons why fishing gear is abandoned, lost, or otherwise discarded, the study examines the response of the international community to ALDFG. A key finding is that ALDFG is at the same time, a fishing issue, a navigation problem (of vessel source pollution) and an environmental problem with the resulting involvement of FAO, IMO and UNEP as well as the UN General Assembly. After examining potential legal approaches to the problem, the study then describes the basic legal and institutional arrangements in four case study jurisdictions that have adopted legal measures to address ALDFG, namely Australia, the European Union and its Member States, Norway and the USA finding once again the tripartite responsibility of fisheries, navigation and environment ministries/agencies. The inter-sectoral nature of ALDFG suggests the need for a collaborative and coordinated approach. While not all of the case study jurisdictions make use of all ten of the individual legal measures identified, the case studies also clearly show that ALDFG is a problem that is susceptible to a legal response at the national or regional level including through the use of extended producer responsibility schemes, various reporting requirements and gear standards. Legal tools to address the problem of ALDFG clearly exist. The extent to which some, or all, of them are necessary or appropriate in a given context at national, regional or global level is not ultimately a legal question but a political one.

Challenges and Opportunities for the EU Common Fisheries Policy Application in the Mediterranean and Black Sea

Author : Simone Libralato
Publisher : Frontiers Media SA
ISBN 13 : 2889456846
Total Pages : 232 pages
Book Rating : 4.8/5 (894 download)

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Book Synopsis Challenges and Opportunities for the EU Common Fisheries Policy Application in the Mediterranean and Black Sea by : Simone Libralato

Download or read book Challenges and Opportunities for the EU Common Fisheries Policy Application in the Mediterranean and Black Sea written by Simone Libralato and published by Frontiers Media SA. This book was released on 2019-01-11 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of the Common Fisheries Policy (CFP) in the Mediterranean and Black Sea faces several challenges also because of large ecological, economic, political and institutional differences across the basin. The challenge of CFP application is exacerbated by the legal/administrative situation, with large areas outside national/EU jurisdictions, by the different development of fisheries that result in fleet capacities highly different on opposite shores of some sub-basins, as well as by uneven monitoring and data availability across the basins that result in situations that hamper sustainable management. This book collates analyses related to the application of the principles included in the CFP in Mediterranean and Black Sea, including assessments of current status, scenario analyses, visions of best solutions, evaluation of critical hot spots and effects of regionalization of fisheries management. The eBook tackles from local to transboundary issues and solutions and provides a broad vision of problems together with important practical solutions for CFP application in the Mediterranean and Black Sea.

Law Books Published

Author :
Publisher :
ISBN 13 :
Total Pages : 494 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Law Books Published by :

Download or read book Law Books Published written by and published by . This book was released on 1999 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Common Fisheries Policy

Author : Ernesto Penas Lado
Publisher : John Wiley & Sons
ISBN 13 : 1119085640
Total Pages : 409 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis The Common Fisheries Policy by : Ernesto Penas Lado

Download or read book The Common Fisheries Policy written by Ernesto Penas Lado and published by John Wiley & Sons. This book was released on 2016-04-18 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dieses ausfuhrliche und umfassende Fachbuch von Ernesto Pe?as, Generaldirektion Maritime Angelegenheiten und Fischerei bei der Europaischen Kommission, erlautert umfanglich die Gemeinsame Fischereipolitik (GFP), politische Grundsatze, die fur Wissenschaftler und Experten im Fischereiwesen uberaus wichtig sind. Die einleitenden Kapitel dieses ausgezeichneten Werks beleuchten die Geschichte der GFP, die Anfange und Weiterentwicklungen. Im Anschluss werden die wesentlichen Aspekten der GFP behandelt, darunter die Regelungen fur den Erhalt der Fischbestande, fur Fischereiflotten, zu Struktur, Kontrolle und Umwelt, zum externen Sektor sowie wissenschaftliche Empfehlungen, Informationen zu Interessenvertretern und zur Entscheidungsfindung. Weitere Kapitel behandeln das Mittelmeer, Aquakulturen und Reformen der Gemeinsame Fischereipolitik. Ein Ausblick auf die Zukunft der GFP folgt am Ende des Buches. The Common Fisheries Policy ist ein wichtiges Referenzwerk fur Wissenschafter und Experten im Fischereiwesen weltweit und bietet eine Fulle wichtiger Informationen fur Biologen der Fachrichtung, Biologen im Bereich Naturschutz, Meeresbiologen, Umweltwissenschaftler und Okologen in Hochschuleinrichtungen, bei Regierungsstellen und NGOs sowie in der Industrie. An allen Hochschulen und Forschungseinrichtungen weltweit, die sich mit Fischereiwesen und/oder Biowissenschaften beschaftigen, sollten dieses Referenzwerk in ihren Bibliotheken vorhalten.

The Small-Scale Fisheries Guidelines

Author : Svein Jentoft
Publisher : Springer
ISBN 13 : 3319550748
Total Pages : 850 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis The Small-Scale Fisheries Guidelines by : Svein Jentoft

Download or read book The Small-Scale Fisheries Guidelines written by Svein Jentoft and published by Springer. This book was released on 2017-06-10 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2014, FAO member-states endorsed the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines). These Guidelines are one of the most significant landmarks for small-scale fisheries around the world. They are comprehensive in terms of topics covered, and progressive, with their foundations based on human rights and other key principles. It can be anticipated that implementing the SSF Guidelines, whether at local, national, or regional levels, will be challenging. This book contains in-depth case studies where authors discuss the extent to which the Guidelines can help improve the realities of small-scale fishing men and women globally and make their livelihoods and communities more secure. This will require policy intervention and innovation, along with contributions of civil society organizations and academia. However, most of all it will necessitate the empowerment of fishing people so that they can become active participants in decision making on matters where their well-being and human rights are at stake. By endorsing the SSF Guidelines, states have committed themselves to support and facilitate this development. This book asks whether states can successfully “walk the talk,” and provides advice as to how they can do so. The collection of case studies sets the platform for an interactive dialogue space for researchers, policy makers, civil society and small-scale fishing communities to start the conversation about the monitoring and evaluation of the implementation of the SSF Guidelines at local, national, regional and global levels. An added value is that it helps add focus to our work as civil society activists involved in ensuring the application of the SSF Guidelines. Naseegh Jaffer – General Secretary, World Forum of Fisher People (WFFP) This collection offers many ways in which institutions enabling small-scale fisheries can protect and promote sustainability, food security, customary tenure, self-management, and market access, while fostering such benefits as ecosystem-based management, protected areas, incorporation of local knowledge, and poverty alleviation. You will want to put this book in the hands of policy-makers and practitioners immediately -- and for years to come. Evelyn Pinkerton – Professor, Simon Fraser University, Canada

Arbitrary and Capricious

Author : Gary Elvin Marchant
Publisher : American Enterprise Institute
ISBN 13 : 9780844741895
Total Pages : 112 pages
Book Rating : 4.7/5 (418 download)

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Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant

Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.

Strengthening International Fisheries Law in an Era of Changing Oceans

Author : Richard Caddell
Publisher : Bloomsbury Publishing
ISBN 13 : 1509923349
Total Pages : 513 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Strengthening International Fisheries Law in an Era of Changing Oceans by : Richard Caddell

Download or read book Strengthening International Fisheries Law in an Era of Changing Oceans written by Richard Caddell and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection addresses the central question of how the current international framework for the regulation of fisheries may be strengthened in order to meet the challenges posed by changing fisheries and ocean conditions, in particular climate change. International fisheries law has developed significantly since the 1990s, through the adoption and establishment of international instruments and bodies at the global and regional levels. Global fish stocks nevertheless remain in a troubling state, and fisheries management authorities face a wide array of internal and external challenges, including operational constraints, providing effective management advice in the face of scientific uncertainty and non-compliance by States with their international obligations. This book examines these challenges and identifies options and pathways to strengthen international fisheries law. While it has a primarily legal focus, it also features significant contributions from specialists drawn from other disciplines, notably fisheries science, economics, policy and international relations, in order to provide a fuller context to the legal, policy and management issues raised. Rigorous and comprehensive in scope, this will be essential reading for lawyers and non-lawyers interested in international fisheries regulation in the context of profoundly changing ocean conditions.