Original scientific paper
https://doi.org/10.21857/y7v64t42zy
Normative Challenges in the Exploitation of Wind Energy in the Exclusive Economic Zone of the Republic of Croatia
Ivica Kinder
Abstract
The purpose of this research is to identify the normative, as well as accessory, both legal and non-legal, challenges in the implementation of the United Nations Convention on the Law of the Sea of 1982 (UNCLOS), the EU’s legislation, and the internal law of the Republic of Croatia concerning the possible exploitation of renewable energy sources, especially wind energy at sea in Croatia, with particular focus on the exclusive economic zone (EEZ).
Based on insights into professional literature and the practice of other states, the author draws a projection of the content of the activity and the infrastructure necessary for the exploitation of wind energy at sea, observing them through the prism of spatial planning and their coexistence with other maritime economic activities. When analysing the content and legal reach of the UNCLOS and the Croatian Maritime Code, particularly regarding artificial islands, installations and structures, the author primarily examines the links with Croatian regulations concerning navigable, floating, and stationary offshore maritime objects. Indirectly, the author touches upon the related issues of dangerous activities, liability for damage, criminal responsibility, and maritime supervision.
He concludes that the normative framework of the Republic of Croatia should be complemented with respect to the exclusive economic zone, and should be harmonised inter-departmentally at both a legal and by-law level, especially regarding the definitions of basic terms. The author observes the EU’s efforts in the field of energy transition through an analysis of the EU’s policies, strategies and secondary law concerning the blue economy, maritime spatial planning, and transboundary and regional cooperation. He draws a conclusion about the primacy of the UNCLOS, and the sovereign rights of the Republic of Croatia in its EEZ, as well as about the realistic reach of the EU’s secondary law.
Considering the EU’s political and economic efforts regarding the EEZs of its Member States, the author advocates the active involvement of the Republic of Croatia in all ongoing processes to protect its national interests in accordance with its geopolitical position and maritime, Adriatic orientation.
Keywords
Adriatic Sea; exclusive economic zone; artificial islands; renewable energy sources; wind energy; European Union
Hrčak ID:
323903
URI
Publication date:
17.12.2024.
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