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.
Written by Ernesto Penas of the European Commission’s Directorate-General for Maritime Affairs and Fisheries, this thorough and comprehensive book provides a full understanding of the European Commission’s common fisheries policy (CFP), which is of major importance to all fisheries scientists and managers. Commencing with introductory chapters which look at the history behind the CFP, its birth and enlargement, this excellent book continues with chapters covering the major aspects of the CFP including policies on conservation, fishing fleets, structure, control, and environment, the external sector, scientific advice, stakeholders and decision making. Further chapters consider the Mediterranean Sea, aquaculture and the reforms of the CFP. A concluding chapter looks at what’s next for the CFP. The Common Fisheries Policy is an essential reference for all fisheries managers and fisheries scientists throughout the world, and provides a huge wealth of important information for fish biologists, conservation biologists, marine biologists, environmental scientists and ecologists in academia, governmental and non-governmental organizations and commercial operations. Libraries in all universities and research establishments where fisheries and/or biological sciences are studied and taught should have copies on their shelves.
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.
This incisive book addresses the challenges facing the current institutional framework for governance of high seas fisheries. Marcus Haward identifies significant issues and difficulties affecting the management of fisheries in areas beyond national jurisdiction, as well as highlighting the key role that fishing and fisheries play in global ocean governance.
In the years since 1994, when the UN Convention on the Law of the Sea (UNCLOS) entered into force, the ocean law regime has been profoundly affected by an interplay of new forces in global ocean affairs. Numbered among them are innovations in technology and science, the emergence of intensified piracy and other challenges to maritime security, national, and regional programs. In Ocean Law and Policy: Twenty Years of Development under the UNCLOS Regime, experts from fourteen countries present nineteen papers that provide insightful analyses of these wide-ranging issues that form the emerging new context of UNCLOS as a keystone to a working regime system. Accessible as well as authoritative, this volume offers to general readers as well as academics, policy officials, and legal experts a set of important analyses and provocative insights, forming a major contribution to the literature of ocean studies.
Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
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 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.
