Constitutional Bases to the Common Fisheries Policy of the European Union

2020 ◽  
Vol 23 (1) ◽  
pp. 386-399
Author(s):  
Malgosia Fitzmaurice ◽  
Mercedes Rosello
Keyword(s):  
European Union ◽  
International Law ◽  
Law Of The Sea ◽  
The European Union ◽  
Fisheries Policy ◽  
Unique Approach ◽  
The Common ◽  
Fisheries Regulation ◽  
Legal Frameworks ◽  
The Stability

The European Union possesses constitutional characteristics that have permitted a unique approach to the organization and exercise of public authority in matters of marine fisheries regulation. The resulting system, known as the Common Fisheries Policy (CFP), is underpinned by the international law of the sea and other multilateral legal frameworks, yet also contains significant special features. Through extensive legislation and successive reforms the CFP has evolved into a complex body of principles, rules and institutions, growing in ambition and sophistication with each iteration. Yet, its success is not only dependent on its capacity for evolution, but also on the stability of its constitutional foundations, and the extent to which it can coherently support the plurality of idiosyncrasies and interests that characterize the Member States and their diverse fishing interests and cultures.

The International Law of the Sea

2019 ◽  
Vol 7 (2) ◽  
pp. 144-152
Author(s):  
Christopher Whomersley
Keyword(s):  
European Union ◽  
International Law ◽  
Law Of The Sea ◽  
The European Union ◽  
International Court Of Justice ◽  
Eu Member States ◽  
The United Kingdom ◽  
Court Of Justice ◽  
International Court ◽  
Fisheries Policy

Abstract The concept of “historic rights” has been much discussed recently in the light of the arbitral award in the Philippines v. China case. The United Kingdom, as a major maritime power, has had long experience of dealing with claims about such rights and those which are similarly worded. This includes the seminal case of the Anglo-Norwegian Fisheries case in the International Court of Justice, as well as two other international decisions and a judgment of what is now the Court of Justice of the European Union (EU). In addition, the London Fisheries Convention and the European Union’s Common Fisheries Policy seem to employ terminology to similar effect. Finally, it is interesting to speculate about whether claims to historic rights will be made by other EU Member States after BREXIT.

Introduction

2019 ◽  
pp. 1-42
Author(s):  
Adrian Briggs
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Common ◽  
Law And Legislation

This introductory chapter begins with a brief discussion of the effect of the unexecuted decision of the United Kingdom to leave the European Union. If the United Kingdom were to withdraw on the terms approved by Parliament, the resulting legal framework would, in principle, be that put in place by the European Union (Withdrawal) Act 2018. That is to say, on ‘Exit Day’, the European Communities Act 1972 will be repealed. This will, at a stroke, remove the legal basis upon which a substantial body of private international law takes effect in the legal order of the United Kingdom. The chapter then sets out the book’s focus, which is the conflict of laws, followed by discussions of the common law’s conception of private international law and legislation establishing private international law as European law.

Designed for failure: A critique of the Common Fisheries Policy of the European Union

Marine Policy ◽  
2010 ◽  
Vol 34 (6) ◽  
pp. 1178-1182 ◽  
Author(s):  
Setareh Khalilian ◽  
Rainer Froese ◽  
Alexander Proelss ◽  
Till Requate
Keyword(s):  
European Union ◽  
The European Union ◽  
Fisheries Policy ◽  
The Common

scholarly journals Fisheries Regulation in the Maritime Zones of Svalbard

2012 ◽  
Vol 27 (1) ◽  
pp. 3-58 ◽  
Author(s):  
E.J. Molenaar
Keyword(s):  
Climate Change ◽  
European Union ◽  
International Law ◽  
European Commission ◽  
The Arctic ◽  
Law Of The Sea ◽  
Rapid Pace ◽  
Fisheries Regulation

Abstract The main focus of this article is the regulation of fishing in the maritime zones of Svalbard in light of both the Spitsbergen Treaty and the international law of the sea. It examines the legal positions of Norway, other states and the European Commission/European Union on, inter alia, the spatial scope of the Spitsbergen Treaty and complements this with analyses of relevant (sub-)regional and bilateral fisheries instruments and Norwegian legislation. These analyses illustrate, inter alia, that the practice of many states and entities involved seeks to reconcile legal positions on the spatial scope of the Spitsbergen Treaty with a raft of other interests. The conclusions also devote attention to possible pathways to resolve diverging positions, as well as to the potential for Norway to address the issue of unregulated fisheries in the context of the rapid pace of climate change in the Arctic.

Cybersecurity regulation in the financial sector: prospects of legal harmonization in the European Union and beyond

2020 ◽  
Vol 25 (1) ◽  
pp. 125-167
Author(s):  
Anton N Didenko
Keyword(s):  
European Union ◽  
Financial Sector ◽  
The Novel ◽  
The European Union ◽  
The Usa ◽  
The Common ◽  
Legal Frameworks ◽  
Legal Harmonization ◽  
Regulatory Landscape ◽  
Practical Recommendations

Abstract Over the past several years, the cybersecurity regulatory landscape has undergone unprecedented change. Bespoke cybersecurity laws and regulations have replaced pre-existing general risk management and business continuity rules in a number of jurisdictions, including the European Union, Hong Kong, Russia, the USA, and Singapore. Cybersecurity has also become the focus of international rules and recommendations adopted by numerous international organizations. The financial sector lies at the centre of the new regulatory initiatives—which, in the absence of an agreed international approach, vary substantially across jurisdictions. This article analyses these emerging legal frameworks by (i) conducting a comparative study of the novel cybersecurity regulations in finance; (ii) identifying the common features of such frameworks; and (iii) assessing the prospect of their harmonization at an international level. It argues that international harmonization in this area is necessary to overcome the underlying regulatory challenges and outlines the scope of rules amenable, first, to initial (de minimis) and, second, subsequent (more expansive) harmonization. The article concludes with a list of main upcoming challenges in designing and harmonizing cybersecurity regulations in finance and practical recommendations for overcoming them.

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