No abstract

The United Nations Convention on the Law of the Sea (UNCLOS) is a globally recognized legal regime. UNCLOS has been widely regarded as a “constitution for the oceans” and enshrines the notion that “the problems of ocean space are closely interrelated and need to be considered as a whole”. In compliance with the concept of effective enforcement of international norms, standards and procedures, State Parties to UNCLOS have an obligation to preserve the marine environment. The purpose of this chapter is to consider the role of the law of the sea in marine spatial planning (MSP), bearing in mind that UNCLOS has also provided the framework for the further development of, inter alia, global ocean governance.

The European Union Strategy for the Baltic Sea Region, that celebrates this year in Gdańsk its tenth anniversary, has been considered by many scholars and the decision makers as the model example of the soft governance that has gained in importance in the enlarged European Union (EU). The paper analyses the achievements and shortcomings of the Strategy from economic perspective with focus on externalities, public goods (also club goods, common-pool resources), economies of scale and scope and transaction costs. Two cases: Single Market for services and innovation spillovers are discussed more in depth. The analysis of these challenges and opportunities as well as the performance of the Strategy in the past and comparative analysis of its various evaluations allow authors to formulate several assumptions that should save the Strategy for the future. Their essence is related to mainstreaming of the Strategy into the EU and national policies (ensuring its stronger policy impact), strengthening strategic, visionary approach of the Strategy (e.g. facilitating large Baltic projects), better alignment with the business sector activities (understanding and addressing this sector expectations towards macro-regional co-operation) and acknowledgement of macro-regional solidarity as a foundation of the common efforts. Without all these, the Strategy might follow the case of the Baltic Development Forum that ceased to exist despite its evident positive effects for the entire region. Soft governance is difficult but promising as an alternative to the overgrowing sentiments towards centralisation. Thus, to avoid the impression of the "Titanic ball" Gdańsk celebrations should provide a new start instead of the business as usual and manifestation of shallow self-satisfaction.

Marine spatial planning (MSP) is a process of managing human activities in the marine and coastal environment in order to achieve sustainable development goals. Amendments regarding marine spatial planning within the Polish marine areas introduced to Polish law in 2015 constitute grounds for drawing up maritime spatial plans for marine areas. This paper presents a few general comments on the marine spatial planning in Poland in the context of implementation of the Directive establishing a framework for maritime spatial planning (MSP Directive) in Europe. The MSP Directive plays an important role in the development of marine spatial planning by promoting MSP instruments. Marine spatial plans are the basic instruments of marine spatial planning. The MSP Directive requires all coastal Member States of the European Union to prepare cross-sectoral maritime spatial plans by 2021. Development of the first maritime spatial plan for Polish marine areas was started in 2013. The MSP legal basis are included in the Marine Areas of the Republic of Poland and Maritime Administration Act of 1991 amended in 2015, which defines the legal situation of the marine areas of the Republic of Poland, the coastal area, the sea ports and harbours, and the rules for the use of these areas, as well as the maritime administration authorities and their competences.

This paper addresses the importance of the implementation and enforcement of the energy efficiency measures for ships. These measures are frequently referred to and used as a tool for carbon mitigation by reducing greenhouse gas emissions from ships in order to protect the Earth’s climate. Moreover, these measures can also play an important role in climate adaptation. The purpose of this paper is to look briefly at the current and expected impact of the ships’ energy efficiency measures developed under auspices of the International Maritime Organization, i.e.: the Energy Efficiency Design Index (EEDI) and the Ship Energy Efficiency Management Plan (SEEMP) on climate change mitigation. Both of them, EEDI and SEEMP became mandatory measures after the adoption of amendments to the Annex VI of the International Convention for the Prevention of Pollution from Ships (MARPOL), and their entry into force in 2013. Furthermore, those measures were also the first legally binding tools relating to climate change, adopted since the Kyoto Protocol.