Legal frameworks for maritime spatial planning

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Abstract

Although Maritime Spatial Planning (MSP) is now binding in the European Union (EU) under Directive 2014/89/EU, MSP is not new and can be said to derive from an extensive body of international, regional and EU legislation and policies. This chapter reviews the international, regional and EU legal drivers that have triggered MSP developments in Member States of the EU. Section 1 begins with an analysis of the main international legal framework supporting Maritime Spatial Planning: the United Nations Law of the Sea Convention (LOSC) and the extent to which it can support or hamper the implementation of MSP. Particular attention will also be paid to other pertinent international instruments such as the Convention on Biological Diversity, the Convention on Safety of Life at Sea (SOLAS) and the Resolutions of the International Maritime Organization on ships' routing systems and safety of navigation around offshore installations. Taking into account the existing corpus of EU Directives, Regulations and policies of the European Union, section 2 will analyze the content of the MSP Directive and clarify its position with regard to the acquis of EU Law. The chapter will conclude with a short section on how existing frameworks address environmental issues and likely future trends in this evolving area of law.

Original languageEnglish
Title of host publicationMarine Spatial Planning
Subtitle of host publicationMethodologies, Environmental Issues and Current Trends
PublisherNova Science Publishers, Inc.
Pages37-70
Number of pages34
ISBN (Electronic)9781536121834
ISBN (Print)9781536121704
Publication statusPublished - 1 Oct 2017

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