Marine Spatial Planning: International and EU legal framework in light of ecosystem-based approach and public participation

Human dependence on marine and coastal biodiversity is constantly increasing while marine ecosystems degradation is continuous. Among the reasons for this are the growth of the human population and the inadequacy of the marine legislation that concentrates on specific human activities or focuses only on particular natural resources, and ignores ecosystem interdependence, and rules that do not allow for public participation. To address these issues, a Marine Spatial Planning framework has been developed as a mechanism to rationalise marine space usage and prevent the degradation of marine ecosystems. It is acknowledged by theory on Marine Spatial Planning that a successful Marine Spatial Plan shall be built upon an ecosystem-based approach and also allows for public participation. With this in mind, the primary objective of this thesis is to investigate international and European Union laws relevant to marine spatial planning and if and how they include an ecosystem-based approach and rules on public participation. The findings of the legal analysis show that there are at present no detailed rules in international law to support marine spatial planning, although there are some premises for the ecosystem-based approach and developed norms for public participation. While there is the framework on Maritime Spatial Planning in the European Union law, its main legal instrument, the Framework Directive for maritime spatial planning, fails adequately reflect an ecosystem-based approach and public participation, although it is acknowledged that overall framework does to some extent include these legal norms.

Author dc:creator

• Ponomareva, Ekaterina, 1990-

Contributors dc:contributor

• Háskóli Íslands

• Lögfræði
• Alþjóðlegur umhverfisréttur
• Líffræðileg fjölbreytni
• Hafréttur
• Umhverfisstefna

Language dc:language.iso

en

Handle dc:identifier.uri

http://hdl.handle.net/1946/28792

OAI identifier oai:identifier

oai:skemman.is:1946/28792