This book examines how the EU and international law frameworks impact the EU’s ability to act normatively in its external action in the area of fisheries. The EU, a major fishing power, portrays itself as a normative actor and a champion of sustainable fishing. The volume reconceptualises the Normative Power Europe narrative by identifying three interrelated elements – universality, use of instruments, and legitimacy – as the key criteria against which to evaluate the normativity of the EU’s conduct. The universality element examines the level of international acceptance of the stated aims of EU action; the use of instruments element examines the EU’s participation limitations in relevant international institutions and the means (persuasion as opposed to coercion) through which it acts; and the legitimacy element examines the substance of the EU’s action in terms of legality, protection of common or self-interests, and coherence and consistency. The book draws upon extensive research into both the international and EU legal frameworks relating to fisheries and the EU’s practice in its external fisheries relations. It consecutively discusses four sets of challenges: (i) to the EU’s normativity posed by lack of membership in global institutions; (ii) created notwithstanding membership in other global or regional bodies; (iii) connected to multileveled coercive action and (iv) to accessing foreign fishing resources. It claims that, while the EU’s normativity depends greatly on its internal and external powers, it is the EU’s inability to freely wield these powers that damages its normativity. To act normatively, the EU primarily needs the full Member States’ support, as its present constitution prevents it from acting completely independently from them.
The volume is aimed at academics and practitioners alike working in the area of fisheries globally but also on the EU’s external action more generally.Mihail Vatsov is Programme Manager with the European Commission in Brussels, Belgium.
Author(s): Mihail Vatsov
Series: Global Europe: Legal and Policy Issues of the EU’s External Action, 3
Publisher: T.M.C. Asser Press
Year: 2023
Language: English
Pages: 254
City: Berlin
Foreword
Preface
Contents
Abbreviations
1 Introduction
1.1 The Inception of Fishing Power Europe
1.2 Purpose of the Book
1.3 Contribution to the Literature
1.4 Theoretical Context
1.5 Structure
References
2 Normative Power Europe as an Analytical Framework for Examining the EU’s Normativity
2.1 Introduction
2.2 Elements of Normative Power Europe
2.2.1 The EU’s Distinctiveness
2.2.2 Universality
2.2.3 Use of Instruments
2.2.4 Legitimacy
2.3 The Adapted Concept and Its Use
References
3 The EU Area of Fisheries and Normative Power Europe
3.1 Introduction
3.2 The Area of Fisheries
3.3 Can the EU Act Normatively in the Area of Fisheries?
3.3.1 Institutional Framework
3.3.2 Competences to Act in the Area of Fisheries
3.3.3 Capacity to Act Internationally in the Area of Fisheries
3.4 Is the EU Required to Act Normatively in the Area of Fisheries?
3.4.1 Universality
3.4.2 Use of Instruments
3.4.3 Legitimacy
3.5 Conclusion
References
4 Challenges to the EU’s Normativity Posed by Lack of Membership in Global Institutions
4.1 Introduction
4.2 Universality in Safety and Working Conditions of Fishermen
4.3 The Normative Impact of Participation Limitations
4.3.1 Relevant International Fora and the EU’s Status Therein
4.3.2 Involvement in Multilateral Processes
4.3.3 Damaged Coherence and Consistency
4.4 Overcoming Participation Limitations
4.4.1 Utilising Available Participation Rights
4.4.2 Utilising Other Policies and Instruments
4.5 Conclusion
References
5 Challenges to the EU’s Normativity Notwithstanding Its Membership in Global and Regional Bodies
5.1 Introduction
5.2 Normativity in Cooperative Management of Fish Stocks
5.2.1 Universality in Cooperative Management of Fish Stocks
5.2.2 Re-emerging Participation Limitations
5.2.3 Legitimacy
5.3 Normativity in Reducing Fisheries Subsidies
5.3.1 Universality in Reducing Fisheries Subsidies
5.3.2 Use of Instruments
5.3.3 Legitimacy
5.4 Conclusion
References
6 Challenges to the EU’s Normativity in Multileveled Coercive Action
6.1 Introduction
6.2 Universality in Fighting IUU Fishing
6.3 Implementing Multilaterally-Agreed Measures
6.4 Conditionality and Bilateral Trade Agreements
6.5 Adopting Unilateral Measures
6.5.1 The IUU Fishing Regulation
6.5.2 The Sustainable Fishing Regulation
6.6 Conclusion
References
7 Challenges to the EU’s Normativity in Gaining Access to Foreign Resources
7.1 Introduction
7.2 Universality of Sustainably Fishing in a Foreign EEZ
7.2.1 The EEZ Regime and Sustainable Fishing
7.2.2 Origins of the EU’s Fisheries Agreements
7.2.3 Evolution of the EU’s Fisheries Agreements
7.3 The EU’s Normativity in Using Compensatory Agreements
7.3.1 Undue Pressure on Stocks
7.3.2 Failing to Ensure Mutual Benefit
7.3.3 Attempting to Export Norms Through SFPAs
7.3.4 Complicating On-Going Disputes
7.4 Case Study: Western Sahara
7.4.1 Legal and Factual Context
7.4.2 Normativity of the EU’s Conduct
7.5 Conclusion
References
8 Conclusion
8.1 The EU’s Power in the Area of Fisheries
8.2 Normativity Characteristics
8.2.1 The EU’s Fishing Power Is Dispersed
8.2.2 The EU’s Normative Conduct Is Multileveled
8.2.3 The EU’s Normativity Requires Flexibility
8.3 Law and Normativity
8.3.1 Acting Normatively Has Important Legal Consequences
8.3.2 The International Law Framework Still Limits the EU’s Conduct
8.3.3 The EU Member States Are Central to Addressing These Limitations
8.3.4 The EU’s Distinctiveness Helps and Hinders Normativity
8.4 Towards Achieving Normativity
References
Index
