An analysis of the legal problems arising from the application of exclusivity clauses in the European Union’s dormant fisheries agreements

Abstract:

This paper analyses the harmful effects of the exclusivity clause on so-called dormant agreements, a relevant but relatively unstudied legal problem that arises in the EU´s fisheries agreement practice with third States.

The paper focuses on the situation which arises when a fisheries agreement lacks an operational application protocol for years but, due to the exclusivity clause of the treaty, which continues to be in force, the EU's external fleet cannot access the coastal third State's EEZ via another kind of legal arrangement such as a private licence or a charter contract. Here, the scope and implications of this legal problem are reviewed and some possible solutions assessed.