The legal implications of council regulation (EC) No. 1967 /2006 on the common fisheries policy for the Mediterranean

Abstract

This work focuses on the main legislative frameworks dealing with the conservation and management of marine living resources at an International, European Union and national level and the legal implications that arise. The introductory part of this work highlights what will eventually be discussed and analysed in the subsequent Chapters. The first Chapter introduces the subject-matter by providing a brief overview of the international fisheries laws, with particular reference to fisheries rules under the United Nations Convention on the Law of the Sea of 1982 (UNCLOS III) and other relevant international agreements. The second Chapter delves into the current situation in the European Union and how fisheries laws under this acquis seek to keep the fisheries industry in line. An analysis of the Common Fisheries Policy is given prevalence in the course of this Chapter, together with the recent Green Paper and Proposal for the Reform of the Common Fisheries Policy. The legislative framework within the Mediterranean Region, as applicable to the European Union Member States, is examined in the third Chapter. Having established the legal scenario, this chapter then explores the positive and negative impacts which regulations, such as the Mediterranean Regulation which serves as a Common Fisheries Policy for the Mediterranean, have on the Member States concerned. The fourth Chapter provides a brief overview of the regulatory framework within the Mediterranean Region by analysing national laws of particular littoral States. The discussion proceeds to elaborate on the need for coastal States, and also third countries fishing in the Mediterranean, to co-operate in this Region. Attention is drawn to what is being done to protect marine living resources in this area. Taking all the issues discussed throughout this work into account, the final section seeks to conclude the debate with proposals.