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Implementing And Enforcing European Fisheries Law
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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.
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 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 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 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 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 401 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 European Fisheries in Crisis by : Kenneth Kaoma Mwenda
Download or read book European Fisheries in Crisis written by Kenneth Kaoma Mwenda and published by . This book was released on 1999 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 333 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 Towards Sustainable Fisheries Law by : Gerd Winter
Download or read book Towards Sustainable Fisheries Law written by Gerd Winter and published by IUCN. This book was released on 2009 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing scarcity of fish resources, instruments of fisheries management become crucial. This publication suggests a legal approach to this isssue, and focuses on six case studies: Indonesia, Kenya, Namibia, Brazil, Mexico and the EU. The case studies are preceded by an analysis of the international law requirements concerning fisheries management, with a focus on fisheries in Exclusive Economic Zones. The final part of the book summarises the case studies and develops a proposal for a 'legal clinic' for fisheries management.
Book Synopsis Fishing Power Europe by : Mihail Vatsov
Download or read book Fishing Power Europe written by Mihail Vatsov and published by Springer Nature. This book was released on 2023-01-01 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Compliance and Enforcement of European Community Law by : J. Vervaele
Download or read book Compliance and Enforcement of European Community Law written by J. Vervaele and published by Springer. This book was released on 1999-05-04 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers reflects the growing interest among European Union law scholars and practitioners in the impact of Community law on the main fields of the Member States' legal orders: constitutional law, administrative law, criminal law and private law. In particular the requirements of an effective compliance with, and enforcement of, Community law have contributed to a Europeanization of those areas of national law. This book brings together case studies from such diverse policy areas as customs law, foodstuffs and waste transport, as well as more general analyses from both a comparative legal and a political science point of view.
Book Synopsis Recent Developments in the Law of the Sea by : Rainer Lagoni
Download or read book Recent Developments in the Law of the Sea written by Rainer Lagoni and published by LIT Verlag Münster. This book was released on 2010 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: New developments in the uses of the sea have given rise to new questions in the law of the sea since the beginning of the second millennium, and there are international endeavors to revise certain issues of maritime law. The Seminar, papers of which are collected in this volume, dealt with some examples of these developments. Participants were doctoral candidates of the International Max Planck Research School for Maritime Affairs and students of the University of Hamburg. Addressed are the internationalization of marine natural resources, the audit system of flag State's obligations, rights of land-locked and geographically disadvantaged States in the EEZ, the reform of the European fisheries policy and finally the Rotterdam Rules which are deemed to alter the carrier's obligations in the law of maritime transport. A report of the Seminar's excursion to several maritime institutions in New York City is also included.
Book Synopsis Quo Vadis Common Fisheries Policy? by : Ernesto Penas Lado
Download or read book Quo Vadis Common Fisheries Policy? written by Ernesto Penas Lado and published by John Wiley & Sons. This book was released on 2019-09-16 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Fisheries Enforcement by : Erik Franckx
Download or read book Fisheries Enforcement written by Erik Franckx and published by Food & Agriculture Org.. This book was released on 2001 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines fisheries control issues at the national, regional and subregional level. It consists of two major international agreements: the FAO Compliance Agreement and the UN Fish Stocks Agreement. The study analyses and compares national legal systems and their governance of fisheries control. Existing and proposed regional and subregional agreements are identified, analysed and compared.
