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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Reforming the Common Fisheries Policy

ISBN13: 9781785367656
Published: June 2016
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £85.00

Despatched in 3 to 5 days.

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 unrecognized.

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, policy-makers 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.

EU Law
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
Concluding Remarks