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Implementing And Enforcing European Fisheries Law
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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.
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.
Book Synopsis European Fisheries Law by : Till Markus
Download or read book European Fisheries Law written by Till Markus and published by Europa Law Publishing. This book was released on 2009 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Enforcing the Common Fisheries Policy by : Ronán J. Long
Download or read book Enforcing the Common Fisheries Policy written by Ronán J. Long and published by John Wiley & Sons. This book was released on 2008-04-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fisheries and the Law in Europe by : Jonatan Echebarria Fernández
Download or read book Fisheries and the Law in Europe written by Jonatan Echebarria Fernández and published by Routledge. This book was released on 2022-02-27 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Making Fisheries Management Work by : Stig S. Gezelius
Download or read book Making Fisheries Management Work written by Stig S. Gezelius and published by Springer Science & Business Media. This book was released on 2008-07-15 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state of the Northeast Atlantic fisheries in recent years has highlighted - plementation as the Achilles heel of modern fisheries management: discards and unreported or misreported landings are in many cases recognised to effectively subvert sound conservation goals. Social science literature on fisheries mana- ment has tended to regard the implementation of resource conservation policies mainly as a question of effective enforcement. This literature regards surveillance and penalty as the key mechanism through which fishermen keep to catch restr- tions and loyally report their catches. This book emerged because several years of research on fishermen’s compliance had made us uneasy about this rather narrow approach to the problem of implementation. This uneasiness motivated us to widen the approach to the question of implementing conservation policies in the fisheries. Taking Norway as an example, its fishing fleet consists of some 7,000 vessels spread along a coastline of more than 20,000 km, populated by less than 5 million people. The idea of ensuring desirable behaviour through surveillance and - forcement alone is almost absurd in such a context, as the task is impossible by any reasonable means. The Norwegian implementation system has thus had to rely heavily on the incentives provided by the rules and legitimacy created through a century of state/industry collaboration. Different coastal states face very different conditions in terms of solving typical implementation problems such as discards and misreporting.
Book Synopsis The EC Common Fisheries Policy by : Robin Churchill
Download or read book The EC Common Fisheries Policy written by Robin Churchill and published by Oxford University Press. This book was released on 2010-03-04 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Common Fisheries Policy (CFP) is one of the more controversial of the EU's policies, and is widely blamed both for the poor state of Europe's fish stocks and the woes of its fishermen. Under the CFP, the EU is responsible for a wide range of issues. The EU manages fisheries in the waters of Member States and the fishing activities of Member States' fleets. It negotiates agreements permitting vessels from EU States to fish in the waters of other States, and acts as a member (in place of Member States) in regional fisheries management organizations responsible for fishery management beyond national waters. It regulates the marketing of fish, and lays down the rules governing trade in fishery products. The Common Fisheries Policy thus forms a key part of global fisheries law and policy and is an important factor in protection of the marine environment. This book examines all the varied issues in detail, providing a comprehensive overview of the CFP. It looks at the law relating to the Policy, considering the legislation, treaties and judgments of the European Court of Justice in this area. The policy issues crucial to understanding the law on the CFP and its operation in practice are also explored.
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.
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.
Book Synopsis The Enforcement of EU Law by : Stine Andersen
Download or read book The Enforcement of EU Law written by Stine Andersen and published by Oxford University Press. This book was released on 2012-11-29 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.
Book Synopsis Law Enforcement by EU Authorities by : Miroslava Scholten
Download or read book Law Enforcement by EU Authorities written by Miroslava Scholten and published by Edward Elgar Publishing. This book was released on 2017-11-24 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU law and governance have faced a new development – the proliferation of EU enforcement authorities, which have grown in number over the last 15 years. These entities, either acting alone or together with national enforcement authorities, have been investigating and sanctioning private actors on their compliance with EU law. Law Enforcement by EU Authorities investigates whether the system of control (in terms of both judicial and political accountability) has evolved to support the new system of law enforcement in the EU.
Book Synopsis Reforming the Common Fisheries Policy by : Jill Wakefield
Download or read book Reforming the Common Fisheries Policy written by Jill Wakefield and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fisheries enforcement in England by : Great Britain. National Audit Office
Download or read book Fisheries enforcement in England written by Great Britain. National Audit Office and published by . This book was released on 2003 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fish stocks around the UK and in European waters are under increasing pressure with some under threat of total collapse. The EU Common Fisheries Policy regulations seek to sustain conservation of stocks by using controls such as quota limits and restrictions on access to fishing areas. Member states are required to implement adequate enforcement measures and to monitor compliance. This report examines the role of the Department for Environment, Food and Rural Affairs (DEFRA) in enforcing fisheries regulations on vessels fishing in the waters around the English coast and fish landed at English ports. It looks at the level of compliance, the effectiveness of detection methods used and the management of enforcement activities. The report finds that sea fishing is one of the most highly regulated industries in the UK and fisheries regulations are becoming increasingly complex. DEFRA's enforcement methods meet European requirements, and has sought to make improvements, for example by greater use of satellite technology. However, the likelihood of detection and prosecution of any particular offence is low, as are the penalties imposed by comparison with the potential gains from infringements. A number of good practice recommendations are made based upon the five principles of transparency; accountability; proportionality; consistency; and targeting established by the Better Regulation Task Force.
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.
Book Synopsis The Common Organisation of the Markets in Fishery and Aquaculture Products by : European Commission
Download or read book The Common Organisation of the Markets in Fishery and Aquaculture Products written by European Commission and published by . This book was released on 2002 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Detering Illegal Activities in the Fisheries Sector by : European Commission. Joint Research Centre
Download or read book Detering Illegal Activities in the Fisheries Sector written by European Commission. Joint Research Centre and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Illegal, Unreported and Unregulated (IUU) fishing and fraud along the fish product supply chain impede sustainable fisheries worldwide and pose a major challenge to regulators, as well as control and enforcement authorities. In this context the ability to determine authenticity and provenance of fish and fish products throughout the fish product supply chain constitutes a key asset. This JRC reference report describes existing techniques based on genetics, genomics and chemistry that are suitable for fisheries control and enforcement and traceability of fish products. It argues that despite their value these techniques are currently underutilised, and discusses how they can be implemented by control and enforcement authorities. To demonstrate feasibility, examples are provided of cases where such techniques have already been successfully employed to reveal fisheries fraud and to generate evidence in court cases. Furthermore, strategies of how (forensic) genetics and chemistry could be translated into a routine European fisheries control and enforcement framework - in the context of EU policy and legislation - are explored. The purpose of this report is to catalyse an informed dialogue amongst stakeholders and to contribute to a more efficient technology transfer process -- EU Bookshop.
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 BRILL. This book was released on 2021-10-05 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:
