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Lehrende: Dr. Valentin Johannes Schatz
Veranstaltungsart:
Vorlesung
Anzeige im Stundenplan:
European and Interna
Semesterwochenstunden:
2
Credits:
2,0
Unterrichtssprache:
Englisch
Min. | Max. Teilnehmerzahl:
- | -
Kommentare/ Inhalte:
Welcome to the course "European and International Fisheries Law".
This course aims to provide an introduction to international fisheries law and to European fisheries law as reflected in the Common Fisheries Policy (CFP) of the European Union. It is open to all students interested in ocean governance and the sustainable management of marine resources and biodiversity. Participants of the following specializations are especially invited to sign up for the course:
SPB XII: Maritimes Wirtschaftsrecht
SPB X: Europa- und Völkerrecht
SPB VIII: Umwelt- und Planungsrecht
The course includes a brief introduction to the basic principles of the international law of sea (e.g., maritime zones and flag State jurisdiction), but participants will profit from basic knowledge of the international law of the sea in line with the learning goals of the courses "Seevölkerrecht I and II". If you did not attend these courses or equivalent courses, it would be advisable to consult a general textbook or other suitable learning materials in order to familiarize yourself with the subject prior to start of our course. Basic knowledge of EU law (competences, institutional structure, decision-making, general principles, relationship with international and domestic law) is also an advantage.
The course is taught digitally. There will be seven sessions on Zoom in October and November 2021. The course is conceived as a lecture (with powerpoint slides) and plenty of room for questions and discussion. We will begin at 16:15 (the lecture room will be open at 16:00). Please do not hesitate to approach me prior or after each session (or via email) if you have any questions or comments.
Stable Zoom Link: https://uni-hamburg.zoom.us/j/64095083964?pwd=ek9HNXFLaG1kdFJUcVMrRTFwc3ZFdz09
Part I: International Fisheries Law (Outline)
International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.
Part II: European Fisheries Law (Outline)
The second part of the course is devoted an introduction to the main legal aspects of the Common Fisheries Policy (CFP) of the EU, with a focus on the external dimension of the CFP and its interaction with international fisheries law. Article 305(1)(f) of UNCLOS and Annex IX thereto, as well as the UNFSA and many constitutive instruments of RFMOs (e.g., Convention on the Conservation and Management of High Migratory Fish Stocks in the Western and Central Pacific Ocean) recognize “international organizations” or “regional economic integration organizations” as important actors in international fisheries law. To date, the EU is the only international organization that has qualified as such and become party to relevant fisheries instruments. Under the Treaty on the Functioning of the European Union (TFEU), the EU has an exclusive competence for “the conservation of marine biological resources under the [cfp]”. Among the secondary legislation adopted by the EU on this basis to implement the CFP, Regulation (EU) No 1380/2013 (Basic CFP Framework Regulation) is the most important. It contains the main legal and policy principles of the CFP, the most important of which are also applicable to the external dimension of the CFP. However, there are several other relevant EU regulations that we will have a look at in our course. These include:
Regulation (EU) 2017/2403 of the European Parliament and of the Council of 12 December 2017 on the Sustainable Management of External Fishing Fleets
Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing
A main focus will be on how the EU’s external fishing fleets are regulated, how they gain access to fish stocks far from the EU’s coasts (e.g., through fisheries access agreements with coastal States or through RFMOs), and how the EU addresses regulatory challenges such as harmful fishing practices, overfishing or IUU fishing.
Information on Exams
German participants who are enrolled in SPB XII (Maritimes Wirtschaftsrecht) will not take a separate exam for this course. However, the learning goals of this course overlap with the learning goals of Seevölkerrecht I/II to a considerable extent, while going significantly beyond the required knowledge. As such, the course is both optional and complementary.
Participants who are enrolled in the ERASMUS programme, free movers, and others may take an oral exam (conducted in English) of 15 minutes per participant on the subject of the course. Each examination will be conducted in a group of 2-4 students (i.e. the examination will take between 30 and 60 minutes in total, with 15 minutes allocated to each participant). Those who need to do such an examination are kindly requested to approach me towards the end of the course so that I can set the dates for the examinations (valentin.schatz@uni-hamburg.de). Thereafter, I will set the exact dates for the exams.
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