Outputs (67)

Is the right to fish an insuperable barrier to ocean recovery in offshore wind farms? (2021)
Presentation / Conference Contribution

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

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

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

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

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.

Fishing or fish farming: The conflict between a Crown grant of salmon fishings in the sea and other Crown rights in the sea in Scotland (2019)
Journal Article

There is a rising concern over the impact of aquaculture, particularly salmon farming, on the aquatic environment. Two Scottish parliamentary investigations have revealed concerns over the environmental impacts of the industry, particularly with rega... Read More about Fishing or fish farming: The conflict between a Crown grant of salmon fishings in the sea and other Crown rights in the sea in Scotland.

Taking the pulse of environmental and fisheries law: The common fisheries policy, the habitats directive, and Brexit (2019)
Journal Article

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)
Presentation / Conference Contribution

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.

The public trust doctrine in the sea - Bringing it back home (2018)
Presentation / Conference Contribution

This research was part of a PhD supervised by Dr Thomas Appleby and Dr Enda Hayes at the University of the West of England (UWE), Bristol, UK, members of the International Water Security Network: www.watersecuritynetwork.org/uk-coastal-governance/... Read More about The public trust doctrine in the sea - Bringing it back home.

Sea of possibilities: Old and new uses of remote sensing data for the enforcement of the Ascension Island marine protected area (2018)
Journal Article

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.

UK coastal governance: Enhancing collaborative governance mechanisms for stewardship (2018)
Presentation / Conference Contribution

Recent and future changes in UK marine legislation put the land-sea interface under the spotlight. The UK Coastal Governance research was launched in Autumn 2017 to review existing and new methods to support coastal governance in the UK. The purpose... Read More about UK coastal governance: Enhancing collaborative governance mechanisms for stewardship.

Britain and Brexit: All at sea (2018)
Presentation / Conference Contribution

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

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

© 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 Contribution

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

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

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

© 2016 Elsevier Ltd 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 pro... 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 Contribution

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

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 Contribution

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 Contribution

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 Contribution

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.

Governance in the marine environment (2015)
Presentation / Conference Contribution

The governance of the UK Overseas Territories and Crown Dependencies is complex, endlessly fascinating and often politically charged. There is no area where this complexity is more demonstrable than in the marine environment, where the issues of ext... Read More about Governance in the marine environment.

Interview with Dr Thomas Appleby and Luke Jerram at the artwork Withdrawn (2015)
Digital Artefact

The marine biology of law and human health (2015)
Journal Article

© Marine Biological Association of the United Kingdom 2015. This review uses a multidisciplinary approach to investigate legal issues concerning the oceans and human health. It firstly seeks to define the boundaries of oceans and human health researc... Read More about The marine biology of law and human health.

Fisheries law in action: An exploration of legal pathways to a better managed marine environment (2015)
Thesis

This narrative addresses the issue of fisheries law, a specialist area combining aspects of international law, EU law, legislation from the UK and the devolved administrations and the common law. The research appraised and analysed marine fishing ri... Read More about Fisheries law in action: An exploration of legal pathways to a better managed marine environment.

Interview with Dr Thomas Appleby (2015)
Digital Artefact

Interview on the management of the Severn estuary

The Chagos marine protected arbitration-A battle of four losers? (2015)
Journal Article

© The Author 2015. Published by Oxford University Press. All rights reserved. The proclamation of a marine protected area by David Miliband in the Chagos Archipelago in 2010 triggered a complaint of infringement of sovereignty by Mauritius and a huma... Read More about The Chagos marine protected arbitration-A battle of four losers?.

Guidelines for sustainable intertidal bait and seaweed collection in Wales: Legislative review (2014)
Report

The foreshore is subject to various public rights including the public right to fish in tidal waters. Ancillary to this right is the public right to collect, for personal use, bait on the foreshore and floating seaweed from the tidal waters. The... Read More about Guidelines for sustainable intertidal bait and seaweed collection in Wales: Legislative review.

Return to Eden: Management of an inshore and intertidal marine environment (2014)
Journal Article

Time and Tide (2014)
Presentation / Conference Contribution

A short film on the implications of maximum sustainable yield in the Clyde with interviews from local stakeholders

A new approach to delivering fisheries management in English European marine sites (2014)
Presentation / Conference Contribution

Management of potentially damaging projects in Eu marine protected areas - so-called Natura 2000 Sites - are meant to be subject to strict protection measures. Despite this, up until 2012, there was no strategic approach across the UK to regulate pot... Read More about A new approach to delivering fisheries management in English European marine sites.

Law and science in conflict: The resurrection of maximum sustainable yield (2014)
Presentation / Conference Contribution

For the first time the law on maximum sustainable yield changes the burden of proof, it is now up to the government to demonstrate sustainable fisheries. The right to fish is no longer untrammelled.

Minimising unsustainable yield: Ten failing European fisheries (2014)
Journal Article

Ten European fish stocks recognised by the European Union as "outside safe biological limits" are considered in light of widespread reforms to fisheries legislation in 2013, particularly the legal responsibility to exploit these resources sustainably... Read More about Minimising unsustainable yield: Ten failing European fisheries.

Maximum sustainable yield? Fish, fishers and people (2014)
Presentation / Conference Contribution

This paper examines the basis of 4 fundamental laws governing fisheries and human interaction with the sea: coastal states’ rights, obligations for sustainable fishing, duties for health and safety at sea and the public trust obligations in the way t... Read More about Maximum sustainable yield? Fish, fishers and people.

Time and Tide (2014)
Digital Artefact

Plenty More Fish in the Sea? A working paper on the legal issues related to fishing beyond maximum sustainable yield: A UK case study (2013)
Preprint / Working Paper

Maximum sustainable yield: from science to practice via the law (2013)
Presentation / Conference Contribution

Air as a common good (2013)
Journal Article

Ecosystem services provide a framework for integrated assessment of the societal benefits provided by air, the largest ecosystem on the planet, which has been substantially overlooked in former management frameworks. Many attributes of air are 'commo... Read More about Air as a common good.

Ancient fishing rights and modern uses of the sea: Are the two compatible? (2013)
Presentation / Conference Contribution

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 Contribution

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.

Up Frenchman's creek: A case study on managing commercial fishing in an English special area of conservation and its implications (2013)
Journal Article

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.

Case commentary - fishing quota: A very large squatting claim? (2013)
Journal Article

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

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?.

2050: Sustainable oceans in a changing climate Cabot Institute Position Paper (2012)
Journal Article

The world’s oceans are a potentially hugely productive resource. Against a backdrop of climate change, ocean acidification, population growth and poor governance and regulation, it is vital that we change our management strategies to maximise marin... Read More about 2050: Sustainable oceans in a changing climate Cabot Institute Position Paper.

The marine and coastal access act-A hornets' nest? (2012)
Journal Article

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?.

Who should have the right to catch fish? - video (2011)
Digital Artefact

A right to water - A geographico-legal perspective (2011)
Book Chapter

The habitats directive and fisheries administration: An immovable object meets and irresistible force? (2011)
Presentation / Conference Contribution

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 EC Common Fisheries Policy. By ROBIN R. CHURCHILL and DANIEL OWEN (2011)
Journal Article

Book Review published in Journal of Environmental Law

Is the UK's fishery quota system a violation of human rights law? (2011)
Journal Article

The marine bill: An overview and some thoughts (2009)
Journal Article

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.

Safeguarding the societal value of land (2009)
Journal Article

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.

Ecosystem services and the common law: Evaluating the full scale of damages (2009)
Journal Article

Flood management: From defence to sustainability (2009)
Journal Article

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

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.

A review of mobile phone operators permitted development rights (2008)
Report

Response to: Another view on the public right to fish and the question of regulation or ownership (2008)
Journal Article

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)
Preprint / Working Paper

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.

Damage by fishing in the UK's Lyme Bay - A problem of regulation or ownership? (2007)
Journal Article

Since last year, fisheries management has undergone serious analysis under the lens of the Marine White Paper. A change in the regulatory framework has been proposed, with the expansion of the jurisdictions of Sea Fisheries Committees, marine spatia... Read More about Damage by fishing in the UK's Lyme Bay - A problem of regulation or ownership?.

The draft Marine Bill: Will it deliver marine protection? (2007)
Journal Article

On 3rd April DEFRA published a draft Marine Bill to modernise the regulation of UK waters. At 687 pages (with guidance notes) the draft Bill is certainly comprehensive but does it deliver? The sensible place to start on this analysis is to look at... Read More about The draft Marine Bill: Will it deliver marine protection?.

Caught in time (2006)
Digital Artefact

The public right to fish: Is it fit for purpose? (2005)
Journal Article

The comment: `we live on an island made of coal surrounded by a sea full of fish, only an organisational genius could arrange a shortage of both at the same time', is attributed to Aneurin Bevan. The Royal Commission on Environmental Pollution, t... Read More about The public right to fish: Is it fit for purpose?.

The management of the UK's public fishery: A large squatting claim?
Preprint / Working Paper

The UK’s fishery is a public asset worth in the region of £1,125 million. The free allocation of quota to commercial businesses on the basis of 2 years’ track record is a similar process to permitting that public asset to be squatted. The complex a... Read More about The management of the UK's public fishery: A large squatting claim?.

Oceans and Health Conference
Digital Artefact

The Centre recently hosted an international conference on the oceans and human health. We managed to grab a few words with some of the attendees and asked them what…

The crown's marine estate- A sovereign wealth fund?
Journal Article

A response to the Treasury Select Committee investigation of the management of the Crown Estate, focusing on the marine estate and highlighting the Crown Estate's stewardship responsibilities