Geoscience Reference
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which a legal regime and the area to which it applies can be undoubtedly
defined. Simultaneously, the law has to define methods for granting ade-
quate reimbursement.
Legal regimes can be applied upon anything and they address every-
body; even a coincidental user (e.g. tourist) and therefore they should
become common knowledge. Completely different question for example are,
how many inhabitants of the coastal municipalities know, where on the
Slovenian coast is subaquatic diving prohibited or even how many visitors
to the coast have knowledge about the enforced limitations that have been
in effect for ages. Details about legal regimes on properties (buildings, land)
should in the future be written as burdens on the property since they affect
the scope of rights, obligations, and limitations, which should be known
not only to the owner, renter or property manager, but everybody (even
potential buyer).
Emphasis should be given to the fact that legal regimes on property,
albeit maritime or coastal, in general present limitations of use. They can
nevertheless also affect other (e.g. neighboring) maritime and coastal uses,
but also other activities, even because of functional ties of the sea with
other waters, the sea being a recipient of pollution etc. Despite the stated,
open access to the sea has to be granted unprohibitively with general use
of the public maritime good (seawater, water area, and coast), which is
undoubtedly in public interest.
2.1.
Water right and legal acts as an integrative
tool — reality check problem
The issue of integration and integrative management is looming the envi-
ronmental science already for some time. At the same time issue of decision
support tools is going alongside with the development of the informatics.
The question arise: how could we define a good decision support tool in the
light of integrative management? And one of the answers is, that it is able
to function in the real world (it survives the reality check).
1
The hardest
reality check which could be recognized in the real world is probably the
litigation procedure. In the case of conflicts (conflict of opinion, conflict of
interest, etc.) the decision made by the mutually recognized arbiter stands
for the generally recognized reality check. By this we have clearly shown the
importance of the close connection to legal acts in any of the applications
considered.
General legal acts as well as individual (or specific) legal acts as individ-
ual water rights generally are, are representing for the legal reality, which
