Drawing on the Example of the Fisheries Partnership
Agreement between the European Union and Mozambique
von Cornelia Krautgasser
This thesis analyzes Fisheries Partnership
Agreements (FPAs) from a legal point of view. Focus is put on constitutional
issues that need to be considered when analyzing the legality of FPAs. It is
argued that the EU has the competency to conclude FPAs with third countries in
the fishery sector. Apart from that, FPAs also comply with EU subsidy law.
After having outlined the legal framework within
which FPAs are concluded, one specific agreement is analyzed: The FPA between
the EU and the Republic
of Mozambique. Several
concerns, such as unsustainable exploitation of resources, lack of monitoring,
control and surveillance, absence of economic development in the host country,
poor financial compensation and food insecurity are discussed.
The empirical investigation leads to the
conclusion that there are considerable deficiencies in the FPA's
implementation. This circumstance has direct effect on the previously
identified concerns with the agreement. The finding of the thesis is that it is
not the FPA's provisions, which lead to the previously mentioned concerns, but
a lack of the agreement's full implementation. This is due to a reluctance of
the European fleet to comply with the agreement's provisions as well as
insufficient enforcement thereof.
Fisheries Partnership Agreement, FPA,
Mozambique, Constitutional Issues, Common Fisheries Policy, EU Subsidy Law,
Sustainability, Overexploitation, MCS, Fairness of Price, Economic Development,
Implementation, Indian Ocean.