Ruxandra-MĂlina Petrescu-Mag

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LEGAL PRECAUTIONARY APPROACHES IN TAKING MEASURES TO PROTECT AND CONSERVE LIVING AQUATIC RESOURCES

Ruxandra-Mălina Petrescu-Mag, I.G. Oroian

Abstract
The paper analyzes the European Union Court of Justice interpretation of: 1) Commission Regulation no. 530/2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45°W, and in the Mediterranean Sea and 2) the validity of Article 7(2) of Council Regulation no. 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (CFP). The two aspects are seen both in the context of CFP as a policy of the European Union which aims at ensuring exploitation of living aquatic resources, providing, in the same time, sustainable economic, social and environmental conditions, and also in wider context of international law, namely it is International Convention for the Conservation of Atlantic Tunas (which was signed in Rio de Janeiro on 14 May 1966).

Key words: aquatic resources, conservation, regulation, precautionary princ