THE CONVENTIONAL FISHERIES POLICY OF THE EUROPEAN COMMUNITY WITH THIRD STATES: SUSTAINABLE MANAGEMENT OF RESOURCES AS A CONDITION OF COHERENCE AND VIABILITY OF THE AGREEMENTSAuthor:
Hernández García María.
Year: 2005.
University:
A CORUÑA.
Place of defense: Facultad de CC. Económicas y Empresariales.
Place of preparation: Facultad de Derecho.
Summary: The gradual nationalization of fishery resources, as a result of the creation of the EEZ, coupled with the increasing depletion of fishery itself, prompted the EC to launch in the eighties a fisheries policy with third countries based on the basis of arrangements for access to resources. The legal, political and economic context in which gestó this policy has changed much since then due, inter alia, the local community and international law principles of fisheries management with those who are trying to cope worrying state of overexploitation in resources, the significant transformation that is experiencing the fisheries sector in the major partners of the EC, claiming new avenues of collaboration fishing at the expense of the traditional sale of licenses to foreign vessels, and their own internal reform of the Common Fisheries Policy the EC launched in 2002. This new scenario requires fishing seek new formulas that allow combine Community objectives of market supply of fish products and the maintenance of a fair standard of living to the people fishing with the aim also integrated the acquis communautaire fisheries to ensure sustainability fishery resources even outside its waters. By studying the problems presented by the conventional political fishing comunitarioa current dedicate this work, edesde a aproximaqción eminently legal, but without neglecting aspects of the Economics and Political Science, essential to take a holistic view of a policy so mulitidisciplinar as the fishing. From this perspective, our research is based on three axes. First, the analysis of fisheries agreements from the formal point of view, ie, the ability of the EC to hold fisheries agreements, the legal basis of these agreements and the procedures for holding them, and impact on inter-institutional relations and European governance. The formal study of these aspects has a great significance from the point of view of political and institutional effectiveness, as well as facilitate understanding of the ups and downs experienced by this policy, its progress, its setbacks and crises that seem to cross at the moment. Secondly, we examine the access agreements concluded by the EC from the viewpoint of its contents, in particular, the nature of the agreement, the context of their conduct, and the obligations of the parties. The study of community-based models of existing agreements allow us to identify the major problems in the application of the same from the need to reform the political conventional fishing from the EC. Finally, we analyze the feasibility of new frameworks regarding fishing from a dual perspective: on the one hand, we propose a review of the main model EU fisheries agreement, the agreement traditionally called for financial compensation, in light of the principle of consistency, and secondly calling the figure of the joint venture as a vital instrument of cooperation in fisheries.
