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Reforming the Common Fisheries Policy
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Reforming the Common Fisheries Policy

9781785367656 Edward Elgar Publishing
Jill Wakefield, Associate Professor, School of Law, University of Warwick, UK
Publication Date: 2016 ISBN: 978 1 78536 765 6 Extent: 336 pp
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.

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Contents
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This timely book provides a critical examination of the policies and laws governing EU marine fisheries and the shortcomings of the 2013 Common Fisheries Policy (CFP) reform. In particular it considers how reform is impeded by Treaty-guaranteed concessions, exemptions from general environmental legislation and the Court of the Justice’s interpretation of principles unique to the sector. The author discusses how the damaging effects of fishing could be ameliorated if the Court were to align fishery values with general principles of the law, and considers the institutional and regulatory frameworks needed to encourage prudent resource use.

The limited development of the CFP beyond the minimal requirements of international law is considered together with the role of the Court in sidelining scientific advice. The book provides a unique exploration of how these barriers to sustainability are compounded by regulatory capture and the public interest in fish resources being unrecognised. Ultimately, the author proposes that the incoherence of the management regime be redressed through market-based reforms and the application of the user-pays principle.

This book will be of keen interest to lawyers, environmentalists, policymakers and marine scientists who are interested in marine fishery management, marine environmental protection and marine sector economic sustainability. It will also appeal to those involved in developing trans-disciplinary platforms to promote marine resource sustainability.
Critical Acclaim
‘Jill Wakefield is an Associate Professor with broad expertise in international and European Union (EU) environmental law. Her understanding of EU accountability and representation structures, and actor dynamics in EU policy building shines through in her latest book, Reforming the Common Fisheries Policy .’
– Mercedes Rosello, Review of European Community & International Environmental Law

‘This is a fascinating study in which the Common Fisheries Policy in the EU is discussed in an integrated and critical manner using an interdisciplinary approach. The book provides a critical reflection on the current structure of the Common Fisheries Policy and also proposes fundamental reforms in order to better integrate environmental protection into marine management. The book provides valuable insights not only on the structure of the current Common Fisheries Policy but also for the future policy agenda.’
– Michael Faure, Professor of Comparative and International Environmental Law, Maastricht University, the Netherlands

‘Biologists have long wondered why the EU fisheries policy and practice is in such a mess despite receiving much sound scientific advice. Jill Wakefield shows clearly and readably how this came about and how change could be made which would ensure sustainable exploitation and serve the people of the EU. Let us see whether the EU is capable of change!’
– Charles Sheppard OBE, Emeritus Professor, University of Warwick, UK
Contents
Contents: 1. Introduction 2. International Treaties and Instruments: The Right to Exploit the Living Marine Resource 3. The Reform of the Common Fisheries Policy 4. The Reform of the Common Fisheries Policy: Good Governance 5. Precautionary Fishing 6. Sustainable Fishing 7. Ecosystem Management: Integrating Environmental Protection Into Marine Management 8. The EU’s Use of Market-Based Instruments to Plug a Regulatory Gap 9. Alternative Solutions 10. Change for Sustainability Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78536 766 3
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