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All Outputs (67)

Ancient fishing rights and modern uses of the sea: Are the two compatible? (2013)
Presentation / Conference
Appleby, T. (2013, July). Ancient fishing rights and modern uses of the sea: Are the two compatible?. Paper presented at Management of Land and Sea Resources – What's New?, Glasgow University

The Court of Appeal case of Isle of Anglesey CC v Welsh Ministers [2009] EWCA Civ 94 contains a hidden bombshell for those seeking to carry out marine development. Developers have traditionally needed a lease of the seabed and any relevant consents.... Read More about Ancient fishing rights and modern uses of the sea: Are the two compatible?.

Legal challenge and its implications (2013)
Presentation / Conference
Appleby, T. (2013, July). Legal challenge and its implications. Paper presented at Evidence Trends issues and Solutions : Communications and Management for Sustainability, SOAS

Law and science view the decision making process very differently. Scientists seek to test data to see if this leads to a trend which can inform the decision maker. Scientific certainty therefore has certain drawbacks. It is incredibly data hung... Read More about Legal challenge and its implications.

Case commentary - fishing quota: A very large squatting claim? (2013)
Journal Article
Appleby, T., & Pieraccini, M. (2013). Case commentary - fishing quota: A very large squatting claim?. Environmental Law and Management, 25(4), 140-141

United Kingdom Association of Fish Producer Organisations v Secretary of State for Environment, Food and Rural Affairs [2013] This case was a judicial review over the reallocation of unused fishing quota from the from the larger to smaller scale op... Read More about Case commentary - fishing quota: A very large squatting claim?.

Privatising fishing rights: The way to a fisheries wonderland? (2013)
Journal Article
Appleby, T. (2013). Privatising fishing rights: The way to a fisheries wonderland?. Public Law, 481-497

There has been a great deal of recent research proposing that that privatisation of sovereign fishing rights is a solution to overfishing. This paper examines the claims made by Costello et al. in the context of the UK fisheries and discovers a numb... Read More about Privatising fishing rights: The way to a fisheries wonderland?.

Up Frenchman's creek: A case study on managing commercial fishing in an English special area of conservation and its implications (2013)
Journal Article
conservation and its implications. Environmental Law and Management, 25, 133-139

The Habitats Directive has matured over the years since it has been implemented. One of the last industries to feel its application is the commercial sea fishing industry: the industry which according to the Royal Commission on Environmental Poll... Read More about Up Frenchman's creek: A case study on managing commercial fishing in an English special area of conservation and its implications.

The marine and coastal access act-A hornets' nest? (2012)
Journal Article
Jones, P. J., & Appleby, T. (2012). The marine and coastal access act-A hornets' nest?. Marine Policy, 36(1), 73-77. https://doi.org/10.1016/j.marpol.2011.03.009

The Marine and Coastal Access Act 2009 is now enacted into law. This paper looks at predictions made about new law by one of the authors, Peter Jones, in his paper The Marine Bill: Cornucopia or Pandora's Box [1] and assesses how successful the Act h... Read More about The marine and coastal access act-A hornets' nest?.

A right to water - A geographico-legal perspective (2011)
Book Chapter
Staddon, C., Appleby, T., & Grant, E. (2011). A right to water - A geographico-legal perspective. In F. Sultana, & A. Loftus (Eds.), The right to water: Politics, governance and social struggles (61-77). Abingdon, Oxon: Earthscan

The habitats directive and fisheries administration: An immovable object meets and irresistible force? (2011)
Presentation / Conference
Appleby, T., & Solandt, J. (2011, September). The habitats directive and fisheries administration: An immovable object meets and irresistible force?. Paper presented at World Conference on Marine Biodiversity, Aberdeen, Scotland (UK)

Fisheries are the exclusive competence of the European Union (EU), while responsibility for environmental law is shared between the EU and its member states. This makes it difficult for the EU to enforce environmental law against the EU common fisher... Read More about The habitats directive and fisheries administration: An immovable object meets and irresistible force?.

The marine bill: An overview and some thoughts (2009)
Journal Article
Appleby, T. (2009). The marine bill: An overview and some thoughts. Liverpool Law Review, 30(2), 101-113. https://doi.org/10.1007/s10991-009-9058-9

This paper examines the Marine and Coastal Access Bill as it was tabled on 8th December 2008. It explores the failure of the Bill to include marine protection of over 3,000,000 km2 of the waters associated with overseas territories and Crown dependen... Read More about The marine bill: An overview and some thoughts.

Flood management: From defence to sustainability (2009)
Journal Article
Everard, M., Bramley, M., Tatem, K., Appleby, T., & Watts, B. (2009). Flood management: From defence to sustainability. Environmental Liability, 17(2), 35-49

The problem of flood risk management is as old as settled human communities, preceding even the first telling of Noah's biblical flood. It remains a significant concern today in our highly populated, intensively developed world, albeit that understan... Read More about Flood management: From defence to sustainability.

Tools for the equitable and sustainable use of ecosystem resources: Parts 1 and 2 (2009)
Journal Article
Everard, M., Appleby, T., Colvin, J., Watts, B., & Chimbuya, S. (2009). Tools for the equitable and sustainable use of ecosystem resources: Parts 1 and 2. Environmental Law and Management, 21(2), 71-88

Recognition over the past century of the benefits provided by land and landscapes has seen a net shift in balance from the private interests of landowners towards broader beneficiaries across society, with post-apartheid constitutional and legislativ... Read More about Tools for the equitable and sustainable use of ecosystem resources: Parts 1 and 2.

Safeguarding the societal value of land (2009)
Journal Article
Everard, M., & Appleby, T. (2009). Safeguarding the societal value of land. Environmental Law and Management, 21(1), 14-21

There is an extensive academic literature on relative cultural perspectives about the value of land, landscapes, ecosystems and natural resources (for example Posey and Strang). Our purpose in this paper is not to review that body of work. Rather,... Read More about Safeguarding the societal value of land.

Response to: Another view on the public right to fish and the question of regulation or ownership (2008)
Journal Article
Appleby, T. (2008). Response to: Another view on the public right to fish and the question of regulation or ownership. Journal of Water Law, 19, 41-42

It is undeniable that there is an outer limit on the appalling mess that is the public right to fish. The difficult question, which has not been coherently addressed by the courts in the rag tag and bobtail of old, first instance and foreign deci... Read More about Response to: Another view on the public right to fish and the question of regulation or ownership.

Report into the establishment of marine protected areas in UK waters under existing legislation (2008)
Report
Appleby, T. (2008). Report into the establishment of marine protected areas in UK waters under existing legislation

The purpose of this report is to put into plain English the legal issues, which underlie the establishment of marine protected areas (MPAs). Though there are numerous legal vehicles for regulating marine activities, the creation of closures for purel... Read More about Report into the establishment of marine protected areas in UK waters under existing legislation.