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Environmental challenges of Biscay Bay: an approach from Public Law

Environmental challenges of Biscay Bay: an approach from Public Law. Env. Law. Enforcement Conference SS, June 2014 Xabier Ezeizabarrena, Phd Law, The University of the Basque Country Lawyer of the Bar of Gipuzkoa Email: xabi.ezeiza@icagi.net http://www.ezeizabarrena.eu. I. Foreword.

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Environmental challenges of Biscay Bay: an approach from Public Law

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  1. Environmental challenges of Biscay Bay: an approach from Public Law Env. Law. Enforcement Conference SS, June 2014 Xabier Ezeizabarrena, Phd Law, The University of the Basque Country Lawyer of the Bar of Gipuzkoa Email: xabi.ezeiza@icagi.net http://www.ezeizabarrena.eu

  2. I. Foreword • a) The Spanish/Basque legal framework • b) Environment v. sovereignty • c) The + impact of EU Law: Water, Energy, Agriculture, Biodiversity & Fisheries • d) Usual failure of enforcement • e) The role of article 45 of the Spanish Constitution

  3. II. Environmental law, fisheries and conservation • a) 5 different public bodies v. a tiny piece of planet • b) Economy v. Sustainable Development • c) On fisheries: The Judgment of the CJEU, 12-7-2005

  4. III. Main challenges on fisheries… • a) Access to resources (traditional fleet) • b) Traditional v. industrial fleets • c) Towards a legal recognition of artisanal fisheries • d) Rights of fisher people v. ITQ • e) Other economic and social measures

  5. IV. Some conclusions • 1. Environment v. sovereignty • 2. The pending challenge of enforcement • 3. EU: a free market v. sustainable development • 4. The reasons for environmental law: economy, public health, ethics or mere “green label”??

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