The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea? (original) (raw)
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The European Union (EU) is the world’s largest trading bloc and the most influential supra-national organisation in the region. The EU has been the goal for many eastern European States, for Croatia accession remains a priority and underpins many of its national policies. However, entry into the EU requires certain commitments and concessions. In October 2003 the Croatian parliament declared an ecological and fisheries protection zone in the Adriatic. Under pressure the zone was suspended, finally entering into force in March 2008 exempting EU States. There are other marine conflicts between Croatia and the EU, particularly the contested maritime border with Slovenia, and the development of the Croatian fishing fleet in opposition to the Common Fisheries Policy. Conversely, attempts to harmonise Croatian Nature Protection with the EU Habitats Directive, facilitated by pre-accession funding, has galvanised conservation policy. Since 2005 two marine protected areas have been declared, significantly increasing the marine ecosystem under protection. Finally, the development of the Marine Strategy Framework Directive is the latest EU attempt to integrate environmental policy in the maritime realm. This will have an effect not only on member States but neighbouring countries. For marine nature protection to be effective in the region the Adriatic Sea needs to be viewed as a mutually important shared and limited resource not a bargaining chip. Negotiations of the EU and Croatia have been watched closely by the other Balkan States and precedents set in this case have the potential to affect EU expansion to the East.
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Biodiversity as a planetary boundary and sustainability are strongly related to fish stocks and fisheries that are regulated by a number of sources of law with the aim of achieving their sustainability. The paper analyses current application, impact and effectiveness of the Common Fisheries Policy that sets the rules for fishing fleets management in the European Union and for fish stocks conservation as well as the 2020 Report on its implementation by the European Court of Auditors. It also examines the present and potential implementation and effects of Blue Growth, Marine Strategy Framework Directive, United Nations legal framework and Sustainable Development Goals on fisheries and aquaculture activities in the Adriatic Sea, a semi-enclosed and biodiversity rich sea. Improvements in implementing marine ecosystem approach and marine spatial planning are proposed in policy and regulatory framework, focusing on characteristics of the Adriatic Sea. Resilient solutions require placing ...
Acta Adriatica: International Journal of Marine Sciences, 2016
The Regional Seas’ Programme, launched in 1974, is one of UNEP’s most significant achievements of the past 35 years (UNEP, 2015). It addresses the accelerating degradation of oceans and coastal areas by engaging neighbouring countries in actions to protect their shared marine environment. By now, more than 143 countries participate in 13 programmes. Of particular interest is the protection of marine and coastal environment in sensitive land-locked The paper studies the vulnerability and protection of marine environments of two semi-closed seas, the Baltic and the Adriatic, in terms of physical and socio-economic factors. Institutional and technical instruments and policies of protection, at global, pan-European, EU and regional levels, are reviewed. The pioneering role (for Baltic) of the Helsinki Convention, signed in 1974 by the Baltic coastal states, is highlighted, whereby all sources of pollution were made subject to one single instrument. There is no similar comprehensive agre...
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Journal of Maritime & Transportation Science, 2020
The Marine Strategy Framework Directive adopted in 2008 aims to achieve Good Environmental Status (GES) of the EU’s marine waters by 2020 and to protect the resource base upon which marinerelated economic and social activities depend. To that end each Member State is required to develop its Marine Strategy, keep it up-to-date and have it reviewed every 6 years. The Republic of Croatia has by mid-2019 not adopted its national strategic document. The paper analyses the chronology, content of EU official country reports on marine environment, possible obstacles in adoption procedure and presents proposal for more efficient approach to protecting the Adriatic Sea. Marine spatial planning is also considered key instrument for managing the conflicts resulting from the increasing utilization and industrialization of the world’s seas and oceans. The process of national marine policy adoption should be made more clear and transparent to general public which is at the same time the public con...
International legal framework of offshore activities in the Adriatic and Ionian Seas
The Ionian and Adriatic Region: energy resources and environmental sustainability , 2017
A variety of international, European and national rules apply to the different national maritime zones and, in some cases, to the high seas including the Adriatic and Ionian Seas. As the existing rules do not cover all spaces and practice often reveals the inadequacy of the international and national compliance systems, this paper will propose some observations on the high degree of legal fragmentation, the international cooperation on the protection of the marine environment, and the existence of certain security gaps in the offshore platforms regulations.
The evolution of marine protected areas (MPAs): the North Adriatic case
"Purpose – This study seeks to consider the recent evolution of the Italian policy in the field of marine protected areas (MPAs). In particular, it aims to point out the increasing role played by Italian regions in establishing and managing MPAs. This evolution is to be described by focusing attention on the North Adriatic case. Design/methodology/approach – After a brief introduction on the legislative framework, points of weakness and strength of the Italian experience in the field of MPAs are discussed. Different initiatives for promoting and implementing an MPA strategy are analyzed through the North Adriatic case study, pointing out the increasing role played by the regions in the design and implementation of protection policies. Findings – The analysis shows how regions direct greater attention to the involvement of the public and economic sector in the design and implementation of protection policies, and to the definition of more flexible management tools. This element clearly confirms the general and overall tendency towards more regional-based forms of environmental policy, even in coastal and marine affairs. However, in order to improve the environmental gains and implement sustainable forms of economic development, these regional initiatives should be better linked to a more comprehensive coastal zone management framework, which is still lacking. From this perspective, a national strategy for the Italian coast system could strongly contribute to increasing the role and effectiveness of regional initiatives aimed at protecting coastal and marine ecosystems. Originality/value – The North Adriatic case shows the growing need for integrated policies in different scale projects, enhancing the involvement of local communities toward their own territory."