Search

Waters claimed on the basis of historic grounds represent an anomaly in the face of the United Nations Convention on the Law of the Sea (LOSC) provisions on the measurement of marine spaces. In fact, they deviate from the codified prescriptions pertaining to both rules and exceptions governing the drawing of baselines. This contribution outlines the intricate theoretical evolution of this anomaly, the considerations developed during its challenging codification, and the reasoning of international courts and tribunals that have contributed to clarifying regimes and legal terms associated with claims based on historic reasons. Furthermore, it assesses the impact of the anomaly through a brief overview of national practices and the (failed) attempts to quantify them. The anomaly reveals certain paradoxes, but also asserts its necessary presence within the system, to the extent that the LOSC provisions related to historic claims can be counted among the elements on which the LOSC has grounded its resilience.

Providing a comprehensive analysis of the current legal basis for the establishment and further development of area-based conservation tools in the Mediterranean Sea, this book explores provisions under international law and the relevant region frame works to explore transboundary marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) implemented at sub-regional level. Under the European Union’s 2030 Biodiversity Strategy, EUmember States will be responsible for designating the additional protected and strictly protected areas, either by expanding or completing the so-called ‘NATURA 2000' Network or under national protection schemes through the establishment of national MPAs, including possible transboundary MPAs and OECMs established in accordance with the provisions of the relevant regional seas conventions. This book provides a discussion of the juridical status of the Adriatic and Ionian Seas as parts of a wider enclosed or semi-enclosed Mediterranean Sea, followed by an assessment of the interrelation between global, regional, sub-regional and national legal frameworks on MPAs and OECMs. It offers a comprehensive analysis of the legal basis regarding the establishment of national and, where appropriate, transboundary MPAs and OECMs. Discussing relevant examples of good practice related to transboundary and MPAs, the book will provides an overview of the challenges and opportunities related to the establishment of a transboundary Mediterranean Specially Protected Area of Mediterranean Importance (SPAMI), based on the provisions of the relevant Protocol to the Barcelona Convention, as well as on the challenges and opportunities related to the establishment of a transboundary international marine park and on the feasibility of the establishment of one or more Particularly Sensitive Sea Areas (PSSAs) within the Adriatic and Ionian Seas, and beyond. The book will be of interest to policy makers, practitioners and academics with an

This chapter presents a review of the current situation of environmental cooperation for the protection of the Mediterranean Sea, with a particular focus on the Adriatic and Ionian waters, with a view to identifying possibilities of further developments in the area covered by the EUSAIR. The present trend towards the establishment of exclusive economic zones could become an incentive towards the adoption of a coherent and coordinated Adriatic and Ionian network of marine protected areas and other effective area-based conservation measures. The UNCLOS and other treaties applicable at the world or regional level promote the establishment of marine protected areas and other effective area-based conservation measures in any kind of marine spaces, irrespective of their legal condition. Proposals for establishing area-based management tools, including marine protected areas, are submitted by a single State or by several States with a management plan encompassing the proposed measures, and outlining monitoring, research and review activities.

These past few years have marked the beginning of a revived surge of interest worldwide for the topic of marine geospatial information management, which is reflected in the work of the International Hydrographic Organization and United Nations relevant bodies. Building on this momentum, this contribution firstly introduces a milestone initiative on marine geospatial data recently launched by the United Nations General Assembly. Secondly, it addresses the significance of marine geospatial data collection, storage, and dissemination for the law of the sea. Finally, the role of hydrographic offices is emphasized in the challenge of moving from local to global in the management of marine geospatial data, focusing on the experience of the Italian Navy Hydrographic Office.

Il volume contiene una analisi organica della disciplina del Meccanismo Europeo di Stabilità del 2013 dal punto di vista del diritto costituzionale, del diritto civile e commerciale, del diritto internazionale

Il contributo analizza il rapporto del Trattato MES con le Costituzioni nazionali e la disciplina contenuta nel TFUE, con particolare attenzione ai profili di incostituzionalità già fatti valere in Germania

In the context of the collaborative project titled “Towards COast to COast NETworks of marine protected areas (from the shore to the high and deep sea), coupled with sea-based wind energy potential” (CoCoNeT), the consultants have been requested to provide an analysis of the legislation on marine protected areas, including networks thereof, and of the existing legal regime regulating offshore wind-energy production in the Mediterranean and Black Seas. This work, led by CONISMA, has been carried out within CoCoNet’s Work Package 6 (MPA Socio-Economic Issues, Management and Legislation), Task 6.4 (Legislative Implications of an Integrated MPA / Wind Farm Network in the Mediterranean and Black Seas). In particular, this study is intended to contribute to CoCoNet’s Deliverable 6.3, concerning “Review and analysis of legislation relevant to the establishment and management of MPAs in the Mediterranean and Black Seas”, and Deliverable 6.6, consisting of a “Study of legislative situation concerning MPAs and offshore development of wind farms”.