Fisheries and the Brussels effect: How did the European IUU Regulation transform the Ecuadorian fisheries legal framework?

Details

Supervisors

Sibony, Anne-Lise

Faculty

Faculté de droit et de criminologie

Degree label

Master [120] en droit, à finalité spécialisée: Droit européen

Abstract

The practice of Illegal, Unreported, and Unregulated (IUU) fishing is widely acknowledged as one of the most significant threats to the sustainability of global fisheries. The practice of IUU fishing not only undermines the efficacy of marine conservation efforts by depleting fish stocks and destroying marine habitats but also disrupts legitimate fishing industries by flooding the market with illegally caught fish, leading to significant economic losses. For countries like Ecuador, where the fishing industry is a cornerstone of both the economy and food security, the consequences of IUU fishing are particularly significant. As the global community intensifies its efforts to combat IUU fishing, the role of the European Union (EU) has become increasingly pivotal. The EU has established itself as a global leader in the fight against IUU fishing through the implementation of the IUU Regulation. The Regulation, which was adopted in 2010, is designed to prevent, deter, and eliminate IUU fishing activities. By imposing strict requirements on all fishery products entering the EU, the European Regulation has a significant impact beyond EU borders, exerting considerable influence on third countries whose economies depend on access to the European market. For Ecuador, the world's leading exporter of tuna and other related fishery products, adherence to the EU's rigorous standards has become a matter of both economic necessity and environmental responsibility. The primary aim of this thesis is to assess the extent to which the European IUU Regulation has influenced the Ecuadorian fisheries legal framework and to evaluate whether these reforms are adequate to tackle the issue of IUU fishing. To this end, the research is guided by two central questions: How did the European IUU Regulation transform the Ecuadorian fisheries legal framework? And, does the Ecuadorian fisheries legal framework have the necessary legal provisions to combat IUU fishing? In order to investigate these questions, this thesis employs a methodology based on a review of existing literature. The research primarily contains an in-depth exploration of the European IUU Regulation, with a particular focus on its mechanisms for enforcing compliance among third countries and its broader implications for global fisheries governance. Subsequently, an analysis will be conducted of the Commission's decision assessing the reasons for 3 considering the application of the "yellow card" regime to Ecuador. Subsequently, a comprehensive analysis of Ecuador's legal reform in response to the Commission's allegations is presented. Additionally, books, academic articles, and press articles pertaining to the research topics were consulted as sources. The sources consulted were primarily in English and Spanish. This methodology allows for a comprehensive understanding of the complex dynamics between the EU's regulatory power and the challenges and opportunities that arise in implementing European and international governance strategies within the domestic legal systems of third countries. The findings of this research contribute to the ongoing discourse on the effectiveness of European regulations in addressing global environmental challenges.