Here was portrayed the sea,
ever-moving and unbounded,
Upon a ground of gold, where the
waves unfurl in white foam.
Virgil, The Aeneid, VIII
Over the years, the Council of Europe has developed principles of good governance promoting an integrated management of land and marine territories.
Its Committee of Minister has adopted international conventions, recommendations, model laws and codes of conduct that contribute to the implementation of the United Nations Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development. The following presentation provides an overview.
International Conventions on nature, cultural heritage and landscape
The following international conventions on nature, cultural heritage and landscape are relevant for the coastal and marine environment: Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979); European Convention for the Protection of the Archaeological Heritage (London, 6 May 1969), revised (Valletta, 16 January 1992); Convention for the Protection of the Architectural Heritage of Europe (Granada, 3 October 1985); Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro, 27 October 2005); Council of Europe Landscape Convention (Florence, 20 October 2000), amended (Strasbourg, 1st August 2016).
The Landscape Convention applies to the entire territory of the Parties, including land, inland water and marine areas.1 The signatory States of the convention expressed their concern to achieve “sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment”, considering also the cultural dimension.2 The Recommendation CM/Rec(2008)3 of the Committee of Ministers to member states on the Guidelines for the implementation of the Convention contains a series of theoretical, methodological and practical provisions:
– Consider the territory as a whole. Landscapes that may be considered outstanding as well as every day and degraded landscapes must be taken into consideration.
– Recognise the fundamental role of knowledge. The identification, description and assessment of landscapes constitute the preliminary phase of any landscape policy. This involves an analysis of morphological, archaeological, historical, cultural and natural characteristics and their interrelations, as well as an analysis of changes. The perception of landscape by the public should also be analysed from the viewpoint of both its historical development and its recent significance.
– Promote awareness. Active public involvement means that specialised knowledge should be accessible to all, that is, it should be easily available, structured and presented in a way understandable even by non-specialists.
– Define landscape strategies. Each administrative level (national, regional and local) should draw up specific and/or sectoral landscape strategies within the limits of its competences. These are based on the resources and institutions which, when coordinated in terms of space and time, allow policy implementation to be programmed. The various strategies should be linked by landscape quality objectives.
– Integrate the landscape dimension in territorial policies. The landscape dimension should be included in the preparation of all spatial management policies, both general and sectoral, in order to lead to higher-quality protection, management or planning proposals.
– Integrate landscape into sectoral policies. Landscape should be taken into account via appropriate procedures allowing systematic inclusion of the landscape dimension in all policies that influence the quality of a territory. Integration concerns both the various administrative bodies and departments on the same level (horizontal integration) and the various administrative bodies belonging to different levels (vertical integration).
– Make use of public participation. All action taken to define, implement and monitor landscape policies should be preceded and accompanied by procedures for participation by members of the public and other relevant stakeholders, with the aim of enabling them to play an active role in formulating, implementing and monitoring landscape quality objectives.
– Achieve landscape quality objectives. Every planning action or project should comply with landscape quality objectives. It should improve landscape quality, or at least not bring about a decline. The effects of projects should therefore be evaluated and rules and instruments defined. Each planning action or project should not only match, but also be appropriate to the features of the places.
– Develop mutual assistance and exchange of information. Information exchange, the circulation of theoretical, methodological and empirical ideas between landscape specialists and learning from these experiences are of fundamental importance in ensuring the social and territorial relevance of the Convention.
Recommendation on Spatial Development
The Recommendation Rec (2002) 1 of the Committee of Ministers to member states on the Guiding Principles for Sustainable Spatial Development of the European Continent take into account, within the meaning of the sustainable development concept, the needs of all the inhabitants without compromising the fundamental rights of future generations and their prospects for development. They are geared to harmonising economic and social expectations of the territory with its ecological and cultural functions, thus promoting large-scale and balanced spatial development.
The recommendation highlights the need:
– to diversify employment opportunities through the enhancement of endogenous resources and the development of services, in particular on islands too dependent on tourism;
– to improve the quality of the environment as a strategic element of local identity and of regional and international competitiveness;
– to control industrial activities whose cross-border impacts may affect the environmental quality;
– to develop innovative systems in the field of water, energy and waste management;
– to improve transport connections to the mainland as well as between islands.
Coastal regions are considered as not only sensitive natural heritage areas but also important focuses of economic and commercial activities. They are often prime locations for industry and energy conversion, a starting point for the exploitation of maritime and underwater resources and particularly attractive areas for tourism. Since such a range of activities can generate conflicts, an integrated and sustainable spatial development appears as a necessity.3
Model Law and Code of Conduct on Coastal Zones
Coastal zones are characterised by natural processes (biological, physical and chemical), socio-economic developments and long-term environmental changes such as accelerated sea-level rise and increasing frequency of storms. Considering that their management should be focused on processes and developments in an integrated manner, the Committee of Ministers of the Council of Europe took note, on 9 September 1999, of a Model Law on Sustainable Management of Coastal Zones accompanied by a Code of Conduct for Coastal Zones, and agreed to transmit them to the governments.4
Model Law on Sustainable Management of Coastal Zones
The Model Law is drawn up as a source of inspiration for governments in drafting laws or amending existing laws on coastal zones, land-use plans, nature conservation or any other matters affecting the use of these areas.
The text notes that “coastal zone” means a geographical area covering both the maritime part and the terrestrial part of the shore, including saltwater ponds and wetlands in contact with the sea. It includes all or part of the territorial waters together with the maritime public property of the State and the territories of local administrative areas bordering on seas and oceans. The coastal zone must be precisely delimited at national level. It may be extended, according to specific economic or ecological requirements, to include not only local authorities adjacent to local administrative areas bordering on seas on oceans but also authorities bordering on estuaries and deltas situated downstream from the saltwater limit.
“Integrated management” is understood as a sustainable use of coastal zones taking into consideration economic and social development linked to the sea while protecting landscapes and the zone’s fragile biological and ecological balances for present and future generations. Institutional and legislative instruments must ensure the participation of relevant parties and the coordination of aims, policies and action from the territorial and decision-making points of view. Integrated management of coastal zone necessitates dealing with problems in a comprehensive manner, taking account of the interaction between the elements which make up the environment.
The Model Law addresses the following questions.
Definitions and national framework policy – Definitions: Coastal zone; Integrated management; Environment – National political framework: Broad emphases and priorities; Integration of the environment; Changes in coastal zone development General principles concerning coastal zones – List and scope of principles – Sustainable development – Prevention – Precaution – Forecast – Rehabilitation – Polluter pays, destroyer pays and user pays – Best available technology and best environmental practices – Information for the public and public participation – International cooperation – Equitable distribution and sustainable management of common resources – Hinterland development – Protection of fragile areas and threatened ecosystems, habitats and species – Compatibility between the various uses of coastal zones – Priority for coastal-zone-dependent activities – Free access, where appropriate, to the shore Delimitation, division and legal mapping of the coastal zones – Delimitation – Division – Legal mapping Setting up appropriate bodies – At national level – At regional level Division of responsibilities between the public authorities – Powers – Coordination Knowledge of coastal zones – Inventory – Environmental mapping – Information and evaluation networks – Natural heritage accounts and environmental accounting – Monitoring of the coastal zone Financial instruments and incentives for the management of coastal zones – Principles – Funds for coastal zones – Taxes – Incentives and voluntary agreements Land ownership and coastal zones – Public maritime domain – Expropriation and acquisition – Coastal strips where building is not permitted – Coastal zones in public ownership – Prior authorisation of certain activities Free access to the shore – Pedestrian access to beaches and coasts – Longitudinal right of way – Concession of use of beaches – Vehicular traffic along the shore – Public access and walking Planning and development – Regional or interregional planning – Local planning – Generalised use of impact studies – Incorporating sustainable development into sectoral plans and policies Recreational activities – Hunting, game fishing, underwater fishing – Motorboats and beach vehicles – Boating and sailing – Codes of conduct Protection of ecosystems and fragile natural areas – Wetlands – Groundwater resources and interface between fresh and salt water – Dunes – Coastal or marine parks and reserves – Introduction or re-introduction of species – National coastal and marine ecological network – Interim conservation measures Coastline and soil erosion control – Identification of critical zones – Maintenance of plant cover – Regulation of excavations and sand removal Pollution control and prevention of disasters – Sewerage and treatment plants – Waste management – Cleanness of beaches and quality of bathing waters – Monitoring and control of land-based pollution – Emergency assistance and contingency plans – Natural-disaster control Public information and participation – Preparation of plans and general rules – Implementation of specific projects – Appeals – Information, education, research Monitoring and sanctions – Coordination of monitoring and impact assessment – Enforcement authorities International cooperation – Management of adjacent coastal zones – International coastal and marine reserves – Pan-European coastal and marine ecological network – Pan-European research centre network |
Where regional or interregional planning is concerned, the Model Law provides that on the basis of general and specific principles,5 planning in the coastal zone should follow an integrated approach covering marine and terrestrial areas whatever their legal status. The resultant plan, to be implemented over one or more regions through a regional or interregional outline plan, should lay down guidelines for spatial planning and for development of the various economic activities and infrastructures, establish priorities and objectives in accordance with the environmental capacity of the area, and determine zones to be conserved for environmental reasons and zones necessary to coastal security. The regional or interregional outline plans, as well as local plans, must have mandatory legal force and be binding on national, regional and local administrative authorities and private individuals as regards the conditions governing land use and conducting the various activities.
In the field of generalised use of impact studies, any public or private works or projects or any plans or programmes which may significantly harm the environment in the coastal zone must be subject to a mandatory environmental impact study before approval. The scientific content of the impact study must take into consideration the fragility of the coastal ecosystem. Impact studies in coastal zones should be submitted to a shore council and a scientific committee for an opinion as the project’s conformity with the sustainable management objectives for coastal zones.
Insofar as sectoral plans and policies apply in the coastal zone, environmental concerns and the essential requirements of sustainable development must be built into them in a review of the plans to be carried out. This applies inter alia to plans and policies on human settlement, agriculture, forests, tourism, fishing, mariculture and port and industrial activities.
European Code of Conduct for Coastal Zones
The Code of Conduct was drawn up in order to help the authorities, developers, planners and other persons involved in the decision-making process identify solutions, including from the environmental angle, to a number of practical problems. It deals with: developing coastal management plans; social and cultural goals to ensure durable sustainability; classification and vulnerability of coastal landscapes; economic instruments and incentives. The Code provides strategic principles for coastal zones – environmental impact assessment; financial instruments and incentives; public participation in decision-making processes – and practical guidelines on key topics:
– Nature conservation and biodiversity
– Agriculture
– Coastal protection
– Military defence
– Energy
– Fisheries and aquaculture
– Forest management
– Industry
– Tourism and recreation
– Transport
– Urbanisation
– Water management
The concept of integrated coastal management combines physical, biological and human elements in a single framework encompassing land and marine coastal areas. It promotes:
– planning and development by the whole range of socio-economic sectors;
– approaches between different levels of government at international, national, regional and local levels, and/or administrative units;
– economic, environmental and social issues;
– planning management across geographic components of the coastal zone, encompassing land and sea areas as well as inland areas which have a significant influence on processes, and taking account of different coastal landscapes and habitats;
– planning and approaches across various time-scales from long-term (50 years and more) to short-term;
– knowledge, understanding and views of different scientific disciplines, non-governmental organisations and the public.
The national, regional and local authorities should ensure that developments in coastal zones occurs within the context of an integrated management plan. The adoption of this approach requires that certain conditions be met: a political will to solve conflicts; a legislative, administrative and regulatory basis for making and implementing decisions; an enforcement mechanism to ensure compliance.
Conclusion
The quality of oceans, sea, and their coasts is essential to the balance of ecosystems. It plays a major role in the health and well-being of human beings, animals and plant species.
Government wishing to promote sustainable marine governance need to give due emphasis to the concept of the integrated management.
Cross-border and transnational cooperation beyond terrestrial and marine spaces is imperative insofar as the environment knows no boundaries.6
ENDNOTES
1 Council of Europe, Water, landscape and citizenship in the face of global change, European Spatial Planning and Landscape Series, 2019, No. 116.
2 Preamble of the Convention.
3 Council of Europe, The Development and Planning of Coastal Regions, Spatial Planning Series, 1986, No. 48; The Protection of Coastal Areas of the Adriatic Sea, 1995, No. 23; Integration of the greater European spaces, European regional planning Series, 2002, No. 65; Spatial Planning for the Sustainable Development of Specific European Areas: Mountains, Coastal Areas, Rural Areas, River Basins and Alluvial Valleys, European Spatial Planning Series, 2003, No. 67; Conference of Ministers responsible for Spatial/Regional Planning- Basic texts 1970-2010, Territory and Landscape Series, 2010, No. 3.
4 Council of Europe, Model law on sustainable management of coastal zones and European Code of Conduct for Coastal Zones, Nature and Environment Series, 2000, No. 101; “Coastal Zones – Towards Sustainable Management”, Naturopa Magazine, 1998, No. 88.
5 The document refers to general principles – sustainable development, prevention, precaution, forecast, rehabilitation, polluter pays and user pays, use of the best available technology and the best environmental practices, information for the public and public participation, and international cooperation – and to specific principles for coastal zones – equitable distribution and sustainable management of common resources, hinterland development, protection of fragile areas and threatened ecosystems and of habitats and species, compatibility of different uses of coastal zones, priority for coastal-zone-dependent activities and unrestricted access to the shore, where appropriate.
6 Maguelonne Déjeant-Pons, Protection et développement du bassin méditerranéen – Textes et document internationaux, Ed. Economica, Paris, 1987; « Les Conventions du Programme des Nations Unies pour l’environnement relatives aux mers régionales », Annuaire français de droit international, Vol. XXXIII, 1987, 689-718; La Méditerranée en droit international de l’environnement, Ed. Economica, Paris, 1990.
About the author
Maguelonne Dejeant-Pons
Doctor of Law, Former Head of the Cultural Heritage, Spatial Planning and Landscape Division of the Council of Europe