Skip to main content

Research Repository

Advanced Search

Outputs (33)

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.

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, Article 103864. 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.

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
Agnew, C., Appleby, T., Bean, E., & Bunwaree, P. (2019). 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. Environmental Law and Management, 31(5), 193-203

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
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.

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, Article 103184. 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.

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.

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

© 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.

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 marine biology of law and human health (2015)
Journal Article
Appleby, T., Kinsey, S., Wheeler, B., & Cunningham, E. (2016). The marine biology of law and human health. Journal of the Marine Biological Association of the UK, 96(1), 19-27. https://doi.org/10.1017/S0025315415000909

© 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.

The Chagos marine protected arbitration-A battle of four losers? (2015)
Journal Article
Appleby, T. (2015). The Chagos marine protected arbitration-A battle of four losers?. Journal of Environmental Law, 27(3), 529-540. https://doi.org/10.1093/jel/eqv027

© 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?.

Minimising unsustainable yield: Ten failing European fisheries (2014)
Journal Article
Steadman, D., Appleby, T., & Hawkins, J. (2014). Minimising unsustainable yield: Ten failing European fisheries. Marine Policy, 48, 192-201. https://doi.org/10.1016/j.marpol.2014.03.030

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.

Air as a common good (2013)
Journal Article
Longhurst, J. W., Hayes, E. T., Staddon, C., Appleby, T., Pontin, B., Everard, M., …Longhurst, J. (2013). Air as a common good. Environmental Science and Policy, 33, 354-368. https://doi.org/10.1016/j.envsci.2012.04.008

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.

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.

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?.

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?.

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?.

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.

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.

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.

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.

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.

Damage by fishing in the UK's Lyme Bay - A problem of regulation or ownership? (2007)
Journal Article
Appleby, T. (2007). Damage by fishing in the UK's Lyme Bay - A problem of regulation or ownership?. Journal of Water Law, 16(6), 39-46

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
Appleby, T. (2007). The draft Marine Bill: Will it deliver marine protection?. Journal of Water Law, 18(6), 191-196

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?.

The crown's marine estate- A sovereign wealth fund?
Journal Article
Appleby, T. The crown's marine estate- A sovereign wealth fund?

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