Geoscience Reference
In-Depth Information
concentration of functions in the narrow coastal strip, a limited space,
is already causing irrational and mutually excluding (economic) uses or
functions.
Marine environment and space management was in the past somewhat
overshadowed by other contents of water management, mainly focusing on
internal (continental) waters, including tributaries of the coastal sea. In fact,
even globally, only recently more attention has been given to issues con-
cerning sea management, comprehensively dealing with functional relation-
ship among the sea and continental environments. Although the recently
adopted Council Directive establishing a framework for Community action
in the field of water policy already covers many issues for determining
the action framework for the EU concerning water policy (in short Water
Framework Directive), goals concerning sea management within the EU
are being listed and regulations for integral management of coastal areas
are being prepared.
2
The coastal sea and areas have specific characteristics
that cannot be compared with continental water bodies, implying specific
approach in pertaining legislature, water resource management and devel-
opment planning.
To tackle issues tied to the sea it is necessary to first analyze the con-
sequences of legitimized uses and valid legislature on particular (physi-
cally defined) areas of the sea.
3
For this reason, these uses affecting the
sea were first listed and then physically positioned, since they can practi-
cally limit any further uses. The key issue is, that marine area use could
be permitted and independently (sectorial) managed by different institu-
tions from different levels of public administration.
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And here are also the
consequences — there is no common list or integration point of national
and local legislature. Furthermore, there is no synthesis of consequences
of enforcement of other acts applying to particular areas with legitimized
use or conducting of activities. This is why we carried out an analysis of
physical dimensions of legal regimes, as enforced in valid legislature as well
as general and particular government documents.
2. The Legal Regime Term
The legal regime could be defined as a set of legal norms enforced by
an act, whereby the method of exercising given rights of use and subse-
quent obligations (or limitations) is codified for a uniformly defined area.
The legal regime is in general applied to property empowerment (e.g.
persons of public law) and therefore it can only be enforced when legal
basis can be ascertained in a law, which also specifies criteria according to
