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International Examples of Authorization for Marine Spatial Planning (MSP) Prof. dr. F. Maes. UNESCO Marine Spatial Planning Workshop Paris, 7-11 November. International authorization.

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international examples of authorization for marine spatial planning msp prof dr f maes
International Examples of Authorization for Marine Spatial Planning (MSP)Prof. dr. F. Maes
  • UNESCO Marine Spatial Planning Workshop
  • Paris, 7-11 November

Prof. dr. F. Maes – Maritime Institute – Ghent University

international authorization
International authorization
  • Shipping lanes: limited to one use, e.g. traffic separation schemes, areas to be avoided, … approval by IMO. Objectives: safety at sea and prevention of pollution from accidents
  • Law of the Sea before 1982: exploitation of natural resources in territorial sea and non-living resources on the continental shelf & fishery zones. Planning = economic driven
  • Environmental protection from 1972 on with focus on prevention and reduction of pollution from activities at sea: balance between economic exploitation & environmental protection

Prof. dr. F. Maes – Maritime Institute – Ghent University

international authorization1
International authorization
  • Law of the Sea Convention (1982): right for CS to regulate activities at sea – except shipping (e.g. art. 211 (6) LOSC – PSSA in EEZ, IMO approval ), taking into account the duty to protect the marine environment (not only prevention, but also nature protection + conservation)
  • EEZ : driving force for nat. authorization to regulate new uses in a multiple use context + improved protection of marine environment.
  • Int. conventions (Ramsar, CBD, …) stimulate nature & species protection, habitat protect., and should ultimately lead to ecosystem protection: environment driven
  • * NO MSP required (legally): MSP is left for national states

Prof. dr. F. Maes – Maritime Institute – Ghent University

regional authorization
Regional authorization
  • - EU: - fisheries (authorization & implementation control )
  • - nature (Habitat-1992) and species (Birds-1979)
  • protection (duty MS & EU implementation control)
  • with effects for other users
  • - (European) regional seas: Baltic Sea, OSPAR region,
  • …. in planning phase. At the moment NO regional
  • authorization required (legal), however strong political
  • focus on protection of ecosystems through planning

Prof. dr. F. Maes – Maritime Institute – Ghent University

msp based on national authorisation
MSP based on national authorisation
  • Initially focused on MPAs (Florida Keys, Great Barrier Reef, ….), although MPAs are still the main driving force for MSP today
  • EU MS have to identify SPAs & SACs at sea + provide sufficient protection (legal obligation) Natura 2000 Networks
  • Spatial planning as part of ICZM

Prof. dr. F. Maes – Maritime Institute – Ghent University

msp on national level today
MSP on national level today
  • new activities new marine spatial claims
  • new user conflicts and ecosystem interferences
  • two approaches:
  • - single use ad hoc: permits + EIA for each activity, without taking into account effects to or from other activities – assessment of ecological effects are limited in space
  • - multiple use approach through spatial planning: permits depending on effects of all activities in the area, such as user-user effects & ecosystem effects for a larger area

Prof. dr. F. Maes – Maritime Institute – Ghent University

spatial planning without spatial plan
Spatial planning without spatial plan
  • No statutory basis for spatial planning (e.g. Belgium)
  • How:
  • - spatial planning on policy level needs a strong marine law (prohibitions, EIAs, concessions & permits (legal))
  • pro: - flexible allocation of activities based on demands
  • - flexible public or stakeholder participation depending on urgency
  • - policy can easily be adapted based on new scientific knowledge
  • contra: - does not solve competition among different governmental bodies
  • involved: no redistribution of competences if necessary for a
  • holistic approach
  • - planning does not take into account user-user conflicts for a
  • broader area
  • - no EIA or assessment of ecological effects for the whole planning
  • area (SEA), single use EIA

Prof. dr. F. Maes – Maritime Institute – Ghent University

spatial planning based on spatial plan
Spatial planning based on spatial plan
  • How:
  • - spatial planning has a statutory basis (Germany, …)
  • Pro: - legally enforceable duty for governmental bodies
  • - public participation can not easily be offset due to legal
  • procedures (access to courts)
  • - legal enforcement tools besides administrative enforcement
  • - a holistic legal basis for EIA (SEA) or assessment of ecological effects
  • - better legal protection of user rights and nature
  • - improved management on a long term scale
  • Contra: - less flexible to take into account new scientific data due to rigid
  • procedures for planning adaptation & results of public participation
  • - higher political and administrative resistance might result in
  • a weak plan

Prof. dr. F. Maes – Maritime Institute – Ghent University

msp points of attention
MSP: Points of attention
  • - Planning scale: legal-administrative or ecosystems?
  • - Boundaries: regional or national or international
  • - Top down/bottom up approach or combined, how?
  • - Spatial planning based on a statutory or non-statutory plan?
  • - Conflict resolution: by public participation or legal
  • procedures, …
  • - Enforcement: administrative or legal?
  • - Should there be a hierarchy in managing conflicting uses
  • - Link with spatial planning on land

Prof. dr. F. Maes – Maritime Institute – Ghent University