Post-Brexit: Untangling the fishing mesh

Abstract

Fisheries is one of the key issues in the negotiations for an agreement between the UK and the EU on their future relationship. At the end of the transition period, the UK will have full sovereignty over its waters but the EU is demanding the continuation of the existing pattern of fishing as far as possible. This article untangles the different elements of the issue. It demonstrates the international legal requirements for the regulation of fishing that will have to be met by the UK. To meet its obligations with regard to access to and use of fish resources under international law, a close cooperation with the EU and other neighbouring countries will be necessary. As the EU negotiation position links a free trade agreement with an agreement on fisheries while the UK is seeking discrete trade and fisheries agreements, the position at the end of 2020 is very uncertain. The problems regarding the trade in fish and fishery products, customs duties and sanitary product standards will be examined. EU provisions on environmental standards and marine protected areas will in principle no longer be applicable in the UK, but marine environmental protection is an obligation of international law so the protection of the marine environment and ecosystems in UK waters post-Brexit will be considered. We conclude by considering whether Brexit will deliver anticipated benefits.