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Thomas Appleby. Senior Lecturer in Law University of the West of England, Bristol. What happens when an irresistible force meets an immovable object?. The Fishery Paradox. Article 3 (1) (d) Consolidated Treaties Exclusive competence to EU for common fisheries policy Article (4) (2) (e) - PowerPoint PPT Presentation


  • Thomas ApplebySenior Lecturer in LawUniversity of the West of England, Bristol

  • What happens when an irresistibleforce meets an immovable object?

  • The Fishery Paradox

    Article 3 (1) (d) Consolidated Treaties Exclusive competence to EU for common fisheries policy

    Article (4) (2) (e) Shared competence between EU and member state for environment

  • Competence Creep

    The sublimity of administration consists in knowing the proper degree of power that should be exerted on different occasions

    Charles de Montesqieu

  • Central problem

    Quis custodes ipsos custodiet?

  • Appeals MechanismsExclusive Competence Very little avenue for judicial challenges to CFP

    Shared CompetenceMember States CourtsDG EnvironmentEuropean Court of Justice

  • The ecosystem approach

    Is this fisheries management or environmental management?

  • The Habitats DirectiveDarwin Mounds Request by a member state to close area agreed to

    Regulation (EC 602/2004)

  • No systematic adherence to EU environmental directives

    Fishing boats licensed to fish throughout EU waters without reference to protected sites

    No clear guidance in proposed regulation on Marine Strategy Framework Directive

    Historic rights in territorial waters

  • Key problem

    Member states rather than EU liable to judicial review / infraction for breach of environmental law

  • Conclusion:Two questions

    Which industry is the only industry in the UK where EU environmental law has not been fully applied?

    Which industry is the only industry to benefit from a healthier marine environment?

    *n example of this paradox in non-western thought can be found in the origin of the Chinese word for paradox (Chinese: ; pinyin: md; literally "Spear-Shield"). This term originates from a story (see the Kanbun example) in the 3rd century BC philosophical book Han Feizi.[1] In the story, a man was trying to sell a spear and a shield. When asked how good his spear was, he said that his spear could pierce any shield. Then, when asked how good his shield was, he said that it could defend from all spear attacks. Then one person asked him what would happen if he were to take his spear to strike his shield; the seller could not answer. This led to the idiom of "zang md" (), or "self-contradictory". Another ancient and mythological example of this theme can be found between the Teumessian fox, who's destined to never being caught, and the hound Laelaps, who never misses what it hunts. Realizing the paradox, Zeus turns both creatures into static stars.*Lacuna in law

    Greek Debt crisis is a good example - no exit strategy the EMU

    You look across the world and legal lacuna cause problems

    Remember to finish with Niall Fergusson*Plug Owen and Churchills book*Quote from Calvin Coolidge Perhaps one of the most important accomplishments of my administration has been minding my own business

    If a government body acts ultra vires it does not have the experience, the ability or the powers to do the job properly - it remains exceptionally vulernable