PhD – Legal analysis of Norwegian seafood legislation
Guri Hjellen Eriksen will in her doctoral thesis be studying the seafood legislation in Norway, with emphasis on the license and enforcement system in the fisheries sector. To participate in commercial fisheries in Norway you need a license issued by the fisheries administration with legal basis in the Participation Act. What the license holder can fish is determined by annual quotas adopted and allocated with legal basis in the Marines Resources Act. There is an extensive system of enforcement, control and sanctioning to ensure compliance to the rules.
There are unresolved issues and challenges in the regulatory system. Overfishing, discards and other criminal offences are still occurring regularly. Despite this, there is little legal research on how the fisheries legislation is designed and how it works. The potential for analysis is therefore huge.
The overall aim of the project is to clarify current law in selected areas of the legislation and assess it in a broader societal context. In addition, examples from other Norwegian license legislation will be used to highlight and compare specific rules, in particular from the aquaculture legislation. The main objective is to assess to what extent the license and sanction system in the fisheries regulation provides for environmental sustainability and a clear and predictable exercise of authority. In order to do this the project is divided in several sub studies.
In the first study the aim is to analyze to what extent there exists a distinctive Norwegian fishery law culture, how deep in the legal culture it goes and what knowledge and specific concerns it is based on. The second study is a comparative analysis of the fisheries regulatory system in Norway and the pacific fisheries in Canada. An international outlook is particularly interesting in order to reveal the characteristics in the Norwegian regulation culture. In the third study findings from the previous studies are planned to be discussed and evaluated on basis of varied social research of what is good management of common pool natural resources.