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.

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.

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.

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.

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.

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.