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Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms? (2021)
Conference Proceeding
Appleby, T. (2021). Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms?

What happens when an irresistible force hits an immovable object? The law about the displacement of existing rights by large infrastructure projects is quite tried and tested. Essentially those with property rights are compensated, those who don’t ha... Read More about Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms?.

Planet Pod: Whose-fish-are-they-anyway? (2021)
Digital Artefact
Appleby, T., Condon, J., & Carpenter, A. (2021). Planet Pod: Whose-fish-are-they-anyway?. [https://theplanetpod.com/whose-fish-are-they-anyway/]

Now the dust has settled, what does Brexit mean for local fishermen, for the fish catches and for precious marine habitats like Doggerbank? Join our guests Dr Tom Appleby and John Condon for a thorough update on just what the Brexit deal does and... Read More about Planet Pod: Whose-fish-are-they-anyway?.

From membership to partnership, the EU and its relations with the UK after Brexit: The fisheries dimension (2020)
Journal Article
Appleby, T. (2020). From membership to partnership, the EU and its relations with the UK after Brexit: The fisheries dimension. European Foreign Affairs Review, 25(4), 551-572

Abstract Fishing in European waters has been a contentious issue since the sixteenth century and was a key factor in the development of the international law of the sea itself. At the time the UK joined the EU and shared its waters with Member State... Read More about From membership to partnership, the EU and its relations with the UK after Brexit: The fisheries dimension.

Planet Pod: Swimming against the tide (2020)
Digital Artefact
Appleby, T., West, T., & Carpenter, A. (2020). Planet Pod: Swimming against the tide. [Podcast]

Planet Pod talks Brexit, fish and the environment with the two Toms – Dr Tom Appleby and Dr Tom West. We explore what leaving the EU, its regulations and the jurisdiction of the European Courts might mean for the environment in the UK. Will we be lik... Read More about Planet Pod: Swimming against the tide.

Emerging themes to support ambitious UK marine biodiversity conservation (2020)
Journal Article
Rees, S. E., Sheehan, E. V., Stewart, B. D., Clark, R., Appleby, T., Attrill, M. J., …Solandt, J. (2020). Emerging themes to support ambitious UK marine biodiversity conservation. Marine Policy, 117, https://doi.org/10.1016/j.marpol.2020.103864

Healthy marine ecosystems provide a wide range of resources and services that support life on Earth and contribute to human wellbeing. Marine Protected Areas (MPAs) are accepted as an important tool for the restoration and maintenance of marine ecosy... Read More about Emerging themes to support ambitious UK marine biodiversity conservation.

Taking the pulse of environmental and fisheries law: The common fisheries policy, the habitats directive, and Brexit (2019)
Journal Article
Appleby, T., & Harrison, J. (2019). Taking the pulse of environmental and fisheries law: The common fisheries policy, the habitats directive, and Brexit. Journal of Environmental Law, 31(3), 443-464. https://doi.org/10.1093/jel/eqy027

There has long been a tension between environmental regulation and the European Common Fisheries Policy (CFP), which has been addressed over time through progressive reform of the CFP. It is now recognised that Member States may comply with their obl... Read More about Taking the pulse of environmental and fisheries law: The common fisheries policy, the habitats directive, and Brexit.

Common themes and conclusions (2018)
Conference Proceeding
Appleby, T. (2018). Common themes and conclusions

Summing up and closing address to the conference (together with Charles Clover) National Level • Think of the sea as publicly owned space; • This underpins general themes for good management of that space: collaboration, trust and stewardshi... Read More about Common themes and conclusions.

Sea of possibilities: Old and new uses of remote sensing data for the enforcement of the Ascension Island marine protected area (2018)
Journal Article
Appleby, T., Studley, M., Moorhouse, B., Brown, J., Staddon, C., & Bean, E. (2021). Sea of possibilities: Old and new uses of remote sensing data for the enforcement of the Ascension Island marine protected area. Marine Policy, 127, https://doi.org/10.1016/j.marpol.2018.06.012

Very large marine protected areas are in danger of becoming 'paper parks'. This paper uses an interdisciplinary team to investigate the use of remote sensing technologies to provide sufficient evidence for effective fisheries management. It uses the... Read More about Sea of possibilities: Old and new uses of remote sensing data for the enforcement of the Ascension Island marine protected area.

Britain and Brexit: All at sea (2018)
Presentation / Conference
Appleby, T. (2018, May). Britain and Brexit: All at sea. Paper presented at UK Environmental Lawyers Association Nature Conservation Working Group

A presentation investigating the impacts of the UK's decision to leave the European Union on marine fisheries and nature conservation legislation

The ownership of inshore fisheries in Scotland: An opportunity for community ownership? (2018)
Journal Article
Agnew, S. C., Appleby, T., & Bean, E. (2018). The ownership of inshore fisheries in Scotland: An opportunity for community ownership?. Journal of Water Law, 26(2), 70-77

The Scottish Government has pledged to reform inshore fisheries by 2020, while the UK Government is in the process of reforming fisheries legislation with the Fisheries Bill, brought forward in anticipation of the departure of the UK from the EU. . A... Read More about The ownership of inshore fisheries in Scotland: An opportunity for community ownership?.

Fishing rights, property rights, human rights: The problem of legal lock-in in UK fisheries (2018)
Journal Article
Appleby, T., Cardwell, E., & Pettipher, J. (2018). Fishing rights, property rights, human rights: The problem of legal lock-in in UK fisheries. Elementa: Science of the Anthropocene, 6(1), 40. https://doi.org/10.1525/elementa.295

© 2018 The Author(s). Property rights are a widely advocated policy tool to encourage stewardship over a range of environmental goods. Despite the extent to which property rights are dependent upon law to work, economists rarely consider that propert... Read More about Fishing rights, property rights, human rights: The problem of legal lock-in in UK fisheries.

Creating marine reserves around the Isle of Arran – the Scottish experience (2017)
Presentation / Conference
Appleby, T., & Watt, R. (2017, June). Creating marine reserves around the Isle of Arran – the Scottish experience. Paper presented at Oceans 20 Wokshop:

A paper regarding the use of the public trust doctrine to establish the Lamlash Bay no take zone and the use of the Marine (Scotland) Act 2010 for the creation of the South Arran marine protected area

Brexit and the future of Scottish fisheries – key legal issues in a changing regulatory landscape (2017)
Journal Article
Appleby, T., & Harrison, J. (2017). Brexit and the future of Scottish fisheries – key legal issues in a changing regulatory landscape. Journal of Water Law, 25(3), 124-132

Brexit will overshadow the development of fisheries legislation for the next decade. The UK Government had developed no plan in the event of a “leave” vote for June’s advisory referendum and the months since the vote have been mired in politics and... Read More about Brexit and the future of Scottish fisheries – key legal issues in a changing regulatory landscape.

Response to European Union Select Commitee Brexit: Fisheries (2016)
Journal Article
Appleby, T. (2016). Response to European Union Select Commitee Brexit: Fisheries

Response by Dr Thomas Appleby – Associate Professor at the University of the West of England, member of the International Water Security Network and non-practising solicitor. Dr Appleby is also a trustee of one of the UK’s leading marine and fisheri... Read More about Response to European Union Select Commitee Brexit: Fisheries.

Assessing the significance of the economic impact of Marine Conservation Zones in the Irish Sea upon the fisheries sector and regional economy in Northern Ireland (2016)
Journal Article
Moore, F., Lamond, J., & Appleby, T. (2016). Assessing the significance of the economic impact of Marine Conservation Zones in the Irish Sea upon the fisheries sector and regional economy in Northern Ireland. Marine Policy, 74, 136-142. https://doi.org/10.1016/j.marpol.2016.09.025

This paper highlights the tension between advocacy for ‘Blue growth’ in maritime policy and efforts to safeguard future economic growth via the Marine Strategy Framework Directive. In 2015, policy-makers withdrew three of four proposed Marine Conserv... Read More about Assessing the significance of the economic impact of Marine Conservation Zones in the Irish Sea upon the fisheries sector and regional economy in Northern Ireland.

Brexit and the sea (2016)
Presentation / Conference
Appleby, T. (2016, September). Brexit and the sea. Presented at TWT Achieving Nature’s Recovery in a New Era

A presentation on the effects of Brexit and marine environmental legislation

Holding back the tide: An exploration of the possible legal basis for a claim of a right to be protected from flooding (2016)
Journal Article
Bean, E., Staddon, C., & Appleby, T. (2016). Holding back the tide: An exploration of the possible legal basis for a claim of a right to be protected from flooding. Journal of Water Law, 25(2), 61-68

As there is no general right to be defended from flooding, any measures taken to protect communities from flooding would appear to be motivated by political considerations. This article explores the possibilities open to a party seeking to benefit fr... Read More about Holding back the tide: An exploration of the possible legal basis for a claim of a right to be protected from flooding.

The UK scallop fishery: Time for a fundamental review (2016)
Presentation / Conference
Appleby, T. (2016, January). The UK scallop fishery: Time for a fundamental review. Paper presented at Coastal Futures Conference

The global fishing industry is facing unprecedented pressures. In the past (for a variety of reasons) the entire ocean was designated as a fishery using any gear type but increasingly this approach is untenable. The seas and the fishery (albeit thr... Read More about The UK scallop fishery: Time for a fundamental review.

Society and the Severn (2015)
Presentation / Conference
Appleby, T. (2015, December). Society and the Severn. Presented at Sustainable Severn Forum 2015

Dr Thomas Appleby, Senior Lecturer in Law at the University of the West of England and part of the International Water Security Network spoke on Society and the Severn and discussed different forms of control and protected interests and regulations a... Read More about Society and the Severn.

Sirens of the sea? Marine reserve designation on the Isle of Arran (2015)
Presentation / Conference
Appleby, T. (2015, September). Sirens of the sea? Marine reserve designation on the Isle of Arran. Paper presented at ESRC Symposium on Marine Conservation and Governance: MPAs and beyond

The Lamlash Bay no take zone was the first and only community proposed no take marine reserve in the UK. To create the marine reserve required marine management in Scotland to rethink its relationship with the marine environment and local communitie... Read More about Sirens of the sea? Marine reserve designation on the Isle of Arran.