Partnerships; or how to reap without sowing (original) (raw)
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The sovereignty over natural resources : The question of the EU-Morocco fisheries agreement
2007
At the end of May 2006, the European Communities and the Kingdom of Morocco concluded a Fisheries Partnership Agreement 2. This treaty establishes the right for European fishing vessels to access the Moroccan fishing zones in exchange for a financial contribution. For the first five years of implementation, the amount of the contribution raises to EUR 144 400 000 3. The question of the legal consequences of this Agreement has raised a lot of concerns in the international community 4. These concerns are due to the fact that the Parties defined the scope of the agreement by reference to "the territory of Morocco and to the waters under Moroccan jurisdiction". And, as it is well known, the waters of Western Sahara 5 have been under the 1 The author wants to thank Prof. Pierre Klein and Prof. Eric David for their availability and their comments. 2 Fisheries Partnership Agreement between the European Communities and The Kingdom of Morocco, Official Journal of the European Union, 29 may 2006, L.141/4 to L141/8. 3 Protocol setting out the fishing opportunities and financial contributions provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco, Official Journal of the European Union, 29 may 2006, L.141/9 to L141/12, art. 2. 4 Draft report on the proposal for a Council Regulation on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (Provisional), PE 369.842v01-00, available on www.
EU Fisheries Agreements: Cheap Fish for a High Price
2017
Small-scale fishing communities worldwide are suffering from the impacts of increased global trade in fish products, dwindling fish stocks, climate change, and environmental degradation. Meanwhile, the EU is promoting broad fisheries agreements and policies that aim to address a crucial supply problem for Europe’s large-scale industrial fishing fleet, by increasing its access to fish stocks in other parts of the world. This is reflective of EU fisheries policies in general, which for the last several decades, have favoured the growth of the industrial sector at the expense of small-scale fishers, who lose access to fishing areas and markets. The EU context reflects a larger global trend of private sector dominance over fisheries and fish trade. Policies like fisheries agreements export this approach to countries in the Global South, creating a global governance challenge. As the fifth largest global fishing ‘nation’, the EU is a crucial player in the global fisheries economy. In 2013, EU countries caught more than 4.9 billion kilograms of fish – 83% of which came from the Northeast Atlantic and the Mediterranean, and 17% from the rest of the world’s oceans. This gives the EU considerable leveraging power when establishing fisheries agreements with other countries. The EU regulates a number of Sustainable Fisheries Partnership Agreements (SFPAs) with countries in East and West Africa, the Caribbean and the Pacific, which provide payments to these countries in exchange for access to marine resources. This brief focuses mainly on these agreements.
The EU's Common Fisheries Policy: a review and assessment. EUMA Paper Vol. 7, No. 7, May 2010
2010
European Union Miami Analysis (EUMA), Special Series, is a service of analytical essays on current, trend setting issues and developing news about the European Union. These papers are produced by the Jean Monnet Chair, in cooperation with the Miami-Florida European Union Center of Excellence (a partnership of the University of Miami and Florida International University) as an outreach service for the academic, business and diplomatic communities. Among the topics to be included in the series, the following are suggested: The collapse of the Constitution and its rescue Turkey: prospects of membership Immigration crisis and cultural challenges Security threats and responses The EU and Latin America The EU as a model and reference in the world The Common Agricultural Policy and other public subsidies The euro and the dollar EU image in the United States These topics form part of the pressing agenda of the EU and represent the multifaceted and complex nature of the European integration process. These papers also seek to highlight the internal and external dynamics which influence the workings of the EU and its relationship with the rest the world.
Who gets what? Developing a more equitable framework for EU fishing agreements
Marine Policy, 2012
The reform of the European Union's Common Fisheries Policy (CFP) is focusing attention on EU distant water fishing activities, including the agreements signed with developing coastal states. Here, the EU's fishing agreement with Madagascar, among the poorest countries to hold such an agreement, is examined. Incomes received by Madagascar since the first agreement with the EU in 1986 are documented, in both nominal and real terms, and discussed in the context of other conditions tied to the agreement, in particular support provided by the EU to improve Madagascar's fisheries management capacity. Results indicate that since 1986, EU quotas increased by 30% while the fees paid by the EU decreased by 20%. Yet, Madagascar's treasury income from these agreements decreased by 90%. This shows that the EU agreements with Madagascar are in direct contradiction to the goals set forth by the CFP, which states that benefits of agreements should be directed towards developing countries, and not towards private EU entities. This raises profound ethical questions that the CFP reform must address. A new framework is proposed, prioritizing fisheries sustainability and equitable benefit sharing, in which reasonable quotas are set, fees are indexed to the landed value of catches, and all costs of agreements are borne directly by the benefiting industries. EU development assistance should be decoupled from these agreements, and should focus on enhancing the host countries' monitoring and enforcement capacities. This new framework would increase the benefits to Madagascar while reducing costs to EU taxpayers.
Spanish yearbook of international law
The documents published by the European Commission within the framework of the latest Common Fisheries Policy reform include the "new" Sustainable Fisheries Partnership Agreements. This paper will analyse whether their inclusion reinforces the objectives of the Common Fisheries Policy by facilitating the development of a coherent and comprehensive external fishing policy, respectful with the international fisheries norms. In order to address it, we will examine, firstly, the European Union's fisheries treaty practice and, secondly, the changes introduced by the new Agreements regarding this practice and their compliance with the objectives of the Common Fisheries Policy.
The Sustainable Fisheries Partnership Agreements: Fisheries And/Or Development
Spanish Yearbook of International Law, 2015
The documents published by the European Commission within the framework of the latest Common Fisheries Policy reform include the "new" Sustainable Fisheries Partnership Agreements. This paper will analyse whether their inclusion reinforces the objectives of the Common Fisheries Policy by facilitating the development of a coherent and comprehensive external fishing policy, respectful with the international fisheries norms. In order to address it, we will examine, firstly, the European Union's fisheries treaty practice and, secondly, the changes introduced by the new Agreements regarding this practice and their compliance with the objectives of the Common Fisheries Policy.
Does Fishing Restructuring Provide Reliability to Food Security? The European Union-Morocco Case
Journal of human resource and sustainability studies, 2017
The aim of this article is to show a comparative between the European Union and Morocco about to link the foreign fishing policies in the domestic policies of each government. These policies must follow the international restructuring guidelines of the fishing industry with the intention to preserve and respect the marine natural resources. In this perspective, it is necessary to visualize in which way governments will attend such initiatives as well as the results derived from its application. The results found refers that governments had implemented some programs, projects, strategies and instances to comply with fishing restructuring.
Some Recent Questions Regarding the European Union’s Public Access Fisheries Agreements
The Future of the Law of the Sea, 2017
Public access fisheries agreements, also called 'international fisheries agreements' or 'sustainable fisheries partnership agreements' in the most recent Common Fisheries Policy (CFP) reform, are one of the main manifestations of the EU's external fisheries activity at the international level. They are therefore one of the elements that best define the EU's international legal personality, which is explicitly provided for under Art. 47 TEU. According to Art. 4(37) of Regulation (EU) No 1380/2013 on the current CFP, these agreements are concluded 'with a third state for the purpose of obtaining access to waters and resources in order to sustainably exploit a share of the surplus of marine biological resources, in exchange for financial compensation from the Union, which may include sectoral support'. 1 These public access fisheries