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Full Access Protection of Cetaceans in European Waters—A Case Study on Bottom-Set Gillnet Fisheries within Marine Protected Areas

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Protection of Cetaceans in European Waters—A Case Study on Bottom-Set Gillnet Fisheries within Marine Protected Areas

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This article explores the legal regime of the protection of marine species and habitats within European waters by taking the protection of harbour porpoises in the German territorial sea and exclusive economic zone as an example. The analysis is based on a scientific assessment of the occurrence of and the anthropogenic impacts on harbour porpoises in the North Sea. The relationship between the protection of marine species within the European Union (EU) on the one hand and the Common Fisheries Policy of the EU on the other constitutes a classic example of a user-environment conflict. The article explores how such conflicts ought to be solved under the pertinent legal rules.

Affiliations: 1: Department of Law, University of Trier D-54286 Trier Germany; 2: Walther Schücking Institute for International Law, Christian-Albrechts-University at Kiel Westring 400, D-24098 Kiel Germany

This article explores the legal regime of the protection of marine species and habitats within European waters by taking the protection of harbour porpoises in the German territorial sea and exclusive economic zone as an example. The analysis is based on a scientific assessment of the occurrence of and the anthropogenic impacts on harbour porpoises in the North Sea. The relationship between the protection of marine species within the European Union (EU) on the one hand and the Common Fisheries Policy of the EU on the other constitutes a classic example of a user-environment conflict. The article explores how such conflicts ought to be solved under the pertinent legal rules.

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2011-01-01
2016-12-04

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