Principal Investigator: Prof. Simone Carrea (Università degli Studi di Genova)
Partners
University of Macerata (Prof. Laura Salvadego)
University of Messina (Prof. Michele Messina)
University of Milano – Bicocca (Prof. Irini Papanicolopulu)
Brief description
The present research is carried out by four Research Units based at the Universities of Genoa, Milano-Bicocca, Macerata and Messina. The project investigates present and future legal strategies for ensuring the sustainable management of marine resources. Premised on the innovative concept of Sustainable Blue Economy recently developed within the EU, which mandates consideration of both economic and environmental aspects, the research team focuses on the seas around Italy. Three research units (RUs) delve in depth into the regulation, at the international, European, and national level, of key resources for Italy: (1) marine living resources (Milano Bicocca); (2) marine mineral resources (Macerata); (3) renewable energies (Genova). Based on the preliminary overview of the relevant state of the art, each RU conducts a critical analysis of the existing normative framework and develops proposals, both de lege lata and de lege ferenda for enhancing the normative framework that applies to each type of resource. Three RUs, in particular, identify the actions that should be taken both at the legislative and administrative level. The fourth RU (Messina) complements the research working through a cross-sectorial perspective, analysing the interactions among the three focus areas with a view to identifying the governance and management strategies best suitable to sustainably balance the (often conflicting) interests involved. The main objective of the research is to identify legal strategies of actions and interactions with regard to the main areas entrusted to each RU, thus 1) highlighting the gaps and the limits of the present legal context (with regard both to the drafting of the relevant legislation and to its application by the competent actors) and 2) suggesting legal solutions aimed at addressing such shortcomings, with a view to achieving a sustainable blue economy which is actually respectful of the core values of sustainable development, from an economic, social and environmental perspective. Outputs of the project are an edited volume, a conference involving scholars and stakeholders, a white paper, and dedicated workshops.
State of the art
Sustainable development of marine resources has become a priority for the international community. Since the adoption of the Fish Stocks Agreement in 1995, States have tried to develop legal mechanisms that would allow for the continuing exploitation of marine living resources, while at the same time guaranteeing their survival. Notwithstanding this commitment, over exploitation has been growing in the last decades, now totalling up more than 30% of the world fish species (FAO SOFIA 2022). Similarly, States have tried to develop an offshore oil&gas industry that would provide valuable energy, while ensuring protection of the marine environment and the safety of the people engaged in this field. The 2010 Deepwater Horizon incident, however, proved how illusory safety and environmental protection could be.
To address these challenges, the European Union has promoted the safe and sustainable use of marine resources. The creation of DG MARE, the adoption of ambitious strategies, including the Integrated Maritime Policy (IMP), and the development of legal instruments such as the Marine Strategy Framework Directive testify to the EU’s involvement with maritime activities and the maritime environment. However, until very recently, EU policies and legal instruments seemed to focus more on “development”, rather than “sustainable”.
Within the Mediterranean, many rules and principles that purport to sustainably use marine resources struggled to be applied. This depended not only from the lack of willingness or means of coastal States, but also from an approach at maritime governance which tried to avoid regulation by the coastal States. This approach was based on the argument that Mediterranean States should not lay claims to waters beyond their territorial sea and should not establish exclusive economic zones. Instead, most of the Mediterranean Sea should remain high seas, free for all to use. Some cooperative mechanisms were created in an effort to ensure protection of the marine environment (the Mediterranean Action Plan (MAP) and the Barcelona Convention and its Protocols) and a sound management of resources (the General Fisheries Commission for the Mediterranean (GFCM)). These mechanisms, however, have struggled to establish an appropriate legal framework, having very little power to regulate activities by States not parties on the high seas.
At the national level, finally, Italy has so far not created an exclusive economic zone and only recently established a contiguous zone for archaeological purposes only. Accordingly, Italy has focused only on the resources that can be found within the narrow limits of its territorial sea. In 2006 Italy passed legislation concerning the creation of “ecological protection zones” (Law of 8 February 2006, n.61).
The situation just described appears to be changing. Adopted in 2015, Sustainable Development Goal (SDG) 14 “Life below water” mandates States to “conserve and sustainably use the oceans, seas and marine resources for sustainable development”. Last year marked the beginning of the UN Decade of Ocean Science for Sustainable Development (2021-2030). In 2021, the European Commission issued its Communication “on a new approach for a sustainable blue economy in the EU - Transforming the EU's Blue Economy for a Sustainable Future” (COM/2021/240 final). This communication marks the passage from the concept of “Blue Growth”, based on economic development sometimes to the detriment of the environmental and social pillars of sustainable development, to a more mature approach that puts sustainability at the centre of maritime activities.
At the national level, Italy has recently announced its intention to create an Exclusive Economic Zone in the waters adjacent to its coasts through the adoption of Law no. 91 of 2021. As a matter of fact, the opportunities offered by the oceans in terms of economic growth and sustainable development, also considering the necessities imposed by climate change and the protection of the environment, have demonstrated the need to provide for a clear and certain normative framework. The creation of an EEZ is fundamental to exploit the opportunities offered by the seas. Considering the very pressing issue of energy security, the first aspect that comes to mind is the possibility to exploit the seas to supply energy. The institution of an EEZ provides for the tools necessary to efficiently manage an exploit the natural resources of the seas and its subsoil, namely oil and gas, while States focus on the transition to cleaner energy sources.
More recently, other very important steps testifying to this renewed central role of the oceans were the establishment of the new Ministry for seas policies and the creation of a new government committee, involving several ministries.
Methodologies, objectives, and results
The present research is carried out by four Research Units based at the Universities of Genoa, Milano-Bicocca, Macerata and Messina. Starting from the analysis of the relevance of the sea both from the economic and environmental perspective (as recently recognized in the context of the Sustainable Blue Economy), the research project aims at focusing upon three main areas (one of each is assigned to one of the four Research Units), selected due to their particular importance for EU in general and Italy in particular: 1) marine living resources (Milano Bicocca); 2) marine mineral resources (Macerata); 3) renewable energies (Genova). With regard to the above-mentioned areas, each Research Unit (RU), on the basis of a preliminary overview of the relevant state of the art, engages in a research aimed at devising the possible strategies for the maximization of the assigned area, through the identification of the actions that might be taken both at the legislative and administrative level. In this context, 4) Messina-based RU is, instead, in charge of the analysis of the interactions between the above mentioned three main areas, with a view to identifying the governance and management strategies - also in this case both at the legislative and administrative level - best suitable to sustainably balance the (often conflicting) interests involved. On this premise, the main objective of the research is to identify legal strategies of actions and interactions with regard to the main areas entrusted to each RU, thus 1) highlighting the gaps and the limits of the present legal context (with regard both to the drafting of the relevant legislation and to its application by the competent actors) and 2) suggesting legal solutions aimed at addressing such shortcomings, with a view to achieving a sustainable blue economy which is actually respectful of the core values of sustainable development, from an economic, social and environmental perspective.
Relevance and positioning with reference to the state of art. The present proposal allows the creation within Italy of the first group of experts taking a holistic approach to the blue economy, aware of the multiple issues faced by the seas and oceans in the Anthropocene. Developing advanced knowledge of the multifaceted dimensions of sustainable ocean development, and with an experience of the related fields of knowledge, this expert group elaborates innovative policy, regulatory and practical solutions to oceans issues, now and in the future. It is the goal of this research project to effectively contribute to the global discourse on sustainable blue economy, identifying the pressing issues, suggesting the most appropriate ways to respond to them, also through a careful evaluation of the relevant normative framework, ensuring that the activities and efforts relating to fisheries, energy production and environmental protection are dealt with comprehensively, always keeping in mind also the human dimension.
From an operational point of view the project is articulated in four milestones: 1) project development planning; 2) dialogue with the scientific community on the project topic, drafting and publishing a book; 3) drafting a White paper for the reform of the legislative framework and the governance tools for the sustainable management of marine resources; 4) disseminating project results.
The deliverables of the project consist of a) meeting of research unit PIs on the evaluation of unit reports; b) the publication of a book collecting the written contributions of the speakers at the conference; c) drafting the White Paper for the reform of the legislative framework and the governance tools for the sustainable management of marine resources; d) meetings to disseminate the results of the project to civil society and to national institutions responsible for maritime affairs.
Report
Eventi
Pubblicazioni
Book (Genoa conference)
Book (Messina conference)
White book