Plany zagospodarowania przestrzennego polskich obszarów morskich w kontekście źródeł prawa miedzynarodowego publicznego

Abstrakt

directive 2014/89/eU of the european Parliament and of the Council of 23 July 2014, establishing a framework for maritime spatial planning, imposes on Member States which have access to the sea the obligation to develop maritime spatial plans. These plans are to cover marine areas within the borders of a coastal state, as well as exclusive economic zones outside these borders. Against this background, there is a problem of co-shaping the legal status of these areas by international conventions (in particular the United Nations Convention on the law of the Sea, drawn up in montego Bay on 10 december 1982) which are the sources of international public law and the normative acts of individual states. According to the solutions adopted in Poland, such a normative act shall have the form of a regulation of the minister competent for maritime economy and the minister responsible for construction, planning, spatial development and housing, issued in agreement with the ministers responsible for the environment, water management, culture and the protection of national heritage, agriculture, fisheries, transport, the minister of internal Affairs and the Minister of National Defense regarding the adoption of spatial development plans for internal sea waters, territorial sea and the exclusive economic zone. The provisions of the plans included in such a regulation, which is a source of law of a lower legal force than a statute, affects the legal status of sea areas and also binds third country entities. At the same time, they do not fall into the classical perception of the sources of international public law, despite the fact that, as pointed out above, they shape the issues pertaining to international law.