Management of Marine Rights, Restrictions and Responsibilities according to International Standards

TitleManagement of Marine Rights, Restrictions and Responsibilities according to International Standards
Publication TypeConference Proceedings
Year2016
AuthorsAthanasiou, K, Dimopoulou, E, Kastrisios, C, Tsoulos, L
Conference Name 5th International FIG 3D Cadastre Workshop
Pagination81-104
Conference DatesOctober 18-20
Conference LocationAthens, Greece
KeywordsLand Administration Domain Model (LADM), Marine Administration System (MAS), Marine Cadastre (MC), Marine Data Model, Marine Spatial Planning (MSP), S-121 Maritime Limits and Boundaries

The interests, responsibilities and opportunities of states to provide infrastructure and resource management are not limited to their land territory but extend to marine areas as well. So far, although the theoretical structure of a Marine Administration System (MAS) is based on the management needs of the various countries, the marine terms have not been clearly defined. In order to define a MAS that meets the spatial marine requirements, the specific characteristics of the marine environment have to be identified and integrated in a management system. To explicitly define MAS, certain issues need to be addressed such as: the types of interests that exist in marine environment, the best way to capture and register those interests, laws defining these interests, and their hierarchical classification, as well as how this classification can be used to produce the principles for the implementation of MSP. In addition, the registration of laws in a MAS that could automatically define the constraints of the emerging Rights, Restrictions and Responsibilities (RRRs) should be addressed, along with property/ tenure object definition. Further questions need to be answered e.g., what is the basic reference unit and how can this be defined, deliminated and demarcated, capturing the 3D presence of marine parcel and is the traditional definition of a cadastral parcel applicable in a marine zone defined by United Nations Convention on Law of the Sea (Hereinafter: UNCLOS) (United Nations, 1982) and how could the fourth dimensional nature of marine RRRs be included. Addressing these questions constitutes the basis upon which a MAS can be built. However, the most crucial question is how the international standards and practices of land administration domain can be used for managing the marine environment. The aim of this paper is to examine the above questions, to probe the ways the legislation can be included into a MAS and to present how RRRs relating to marine space may be defined and organized, in order to develop a MAS based on international standards by means of not only trading in marine interests, but rather facilitating the management of activities related to resources.

URL for Proceedinghttps://www.fig.net/resources/proceedings/2016/2016_3dcadastre/3Dcad_2016_15.pdf.pdf