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Author: Berg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638504
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Berg
Publisher: Martinus Nijhoff Publishers
ISBN: 9004638504
Category : Law
Languages : en
Pages : 349
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Book Description
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.
Author: Peter Ehlers
Publisher: LIT Verlag Münster
ISBN: 3825814807
Category : Maritime law
Languages : en
Pages : 236
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Book Description
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.
Author: Sven Sebastian Uhlmann
Publisher: Springer
ISBN: 3030033082
Category : Science
Languages : en
Pages : 438
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Book Description
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.
Author: Stig S. Gezelius
Publisher: Springer Science & Business Media
ISBN: 1402086288
Category : Science
Languages : en
Pages : 246
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Book Description
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.
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1786434636
Category : Law
Languages : en
Pages : 401
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Book Description
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.
Author: Philippe Cacaud
Publisher: Food & Agriculture Org.
ISBN: 9789251050347
Category : Law
Languages : en
Pages : 72
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Book Description
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.
Author:
Publisher:
ISBN:
Category : European communities
Languages : en
Pages : 612
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Book Description
Author: Food and Agriculture Organization of the United Nations. Committee on Fisheries
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 38
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Book Description
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.
Author: Hodgson, S.
Publisher: Food & Agriculture Org.
ISBN: 9251355428
Category : Technology & Engineering
Languages : en
Pages : 76
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Book Description
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.
Author: Edward J. Branson
Publisher: John Wiley & Sons
ISBN: 0470698047
Category : Technology & Engineering
Languages : en
Pages : 316
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Book Description
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.
