Revisiting the Public Right to Fish in British Waters

Revisiting the Public Right to Fish in British Waters © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157180811X584010 The International Journal of Marine and Coastal Law 26 (2011) 433–461 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Revisiting the Public Right to Fish in British Waters Richard Barnes Editor, Current Legal Developments, IJMCL; The University of Hull Law School, Hull HU6 7RX, UK Abstract The public right to fish is a creature of the common law. It underpins the statutory regime of fishing in England, and has influenced fisheries in other common law jurisdictions. With reform of fisheries on the political agenda, it is useful to consider the nature and extent of this right. By exploring and articulating the nature and extent of the right, its role in shaping the future regulation of fisheries in British waters can be better understood. This may become a future issue, especially when attention is already being devoted to the regulation and, perhaps more importantly, to the allocation of fisheries under management regimes that rely upon rights-based mechanisms. Keywords fisheries; common law; historical fisheries; British waters Introduction Many fisheries around the world have been subject to significant reform or are undergoing major review. Such reform will seriously affect existing patterns of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

Revisiting the Public Right to Fish in British Waters

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180811X584010
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157180811X584010 The International Journal of Marine and Coastal Law 26 (2011) 433–461 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW Revisiting the Public Right to Fish in British Waters Richard Barnes Editor, Current Legal Developments, IJMCL; The University of Hull Law School, Hull HU6 7RX, UK Abstract The public right to fish is a creature of the common law. It underpins the statutory regime of fishing in England, and has influenced fisheries in other common law jurisdictions. With reform of fisheries on the political agenda, it is useful to consider the nature and extent of this right. By exploring and articulating the nature and extent of the right, its role in shaping the future regulation of fisheries in British waters can be better understood. This may become a future issue, especially when attention is already being devoted to the regulation and, perhaps more importantly, to the allocation of fisheries under management regimes that rely upon rights-based mechanisms. Keywords fisheries; common law; historical fisheries; British waters Introduction Many fisheries around the world have been subject to significant reform or are undergoing major review. Such reform will seriously affect existing patterns of

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 2011

Keywords: historical fisheries; British waters; fisheries; common law

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