The Barcelona System: An overview

 

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dc.contributor.author Deupmann, Peter en_ZA
dc.date.accessioned 2014-07-30T18:01:39Z
dc.date.available 2014-07-30T18:01:39Z
dc.date.issued 2014-07-30
dc.identifier.citation Deupmann, P. 2014-07-30. The Barcelona System: An overview. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/4471
dc.description.abstract In this paper, the Barcelona Convention and its related protocols, together known as the Barcelona System, will be analysed. The Barcelona System is designed to protect and preserve the marine environment of the Mediterranean Sea. It is astonishing that the Convention, which was adopted as early as 1976, has inspired only few lawyers to write about it. Not even the extensive amendment procedure of 1995 and the subsequent adoption of new protocols lead to the whirl of comments, otherwise common in our field. As a result, the Barcelona System is the domain of only a handful of lawyers, of whom Professor Scovazzi of the University of Milan is probably the most well-known. Besides the limited amount of articles, there is a huge amount of internet publications in the form of workshop reports, brain-storm sessions, exhortations, considerations, news paper articles and expressions of concern. The latter range is interesting to get an impression of the fields of current interest, but have only limited value for juridical purposes. The overall picture of (juridical) sources is thus rather pale. For this reason, I put the various protocols in their context and analysed them after briefly mentioning their global and regional counterparts, with which I compared them. However, the comparison is not always very detailed, since the aim is to show the weaknesses and strengths of the protocols and not those of the other instruments. Besides that, it was not my intention to elaborate extensively on comparison because the primary purpose of the paper is to give an - if you wish critical- overview of the Barcelona System, since this, as far as I know, does not exist. The interested lawyer, who wants to know more about the Barcelona System can therefore only do one thing: read the Convention and protocols, of which the present paper is the result. To provide the necessary juridical background, I begin with the various maritime zones of Mediterranean interest. The case, as you shall see, is that the Mediterranean States have been reluctant to claim much more than a territorial sea of 12 nautical miles. However, some States have recently begun to establish different types of zones beyond the 12 nautical mile limit. This is a point of huge interest and of major importance regarding the enforcement powers of the coastal States in an area that used to be high seas. en_ZA
dc.language.iso en en_ZA
dc.title The Barcelona System: An overview en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Institute of Marine and Environmental Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Deupmann, P. (2014). <i>The Barcelona System: An overview</i>. (Thesis). University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law. Retrieved from http://hdl.handle.net/11427/4471 en_ZA
dc.identifier.chicagocitation Deupmann, Peter. <i>"The Barcelona System: An overview."</i> Thesis., University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014. http://hdl.handle.net/11427/4471 en_ZA
dc.identifier.vancouvercitation Deupmann P. The Barcelona System: An overview. [Thesis]. University of Cape Town ,Faculty of Law ,Institute of Marine and Environmental Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/4471 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Deupmann, Peter AB - In this paper, the Barcelona Convention and its related protocols, together known as the Barcelona System, will be analysed. The Barcelona System is designed to protect and preserve the marine environment of the Mediterranean Sea. It is astonishing that the Convention, which was adopted as early as 1976, has inspired only few lawyers to write about it. Not even the extensive amendment procedure of 1995 and the subsequent adoption of new protocols lead to the whirl of comments, otherwise common in our field. As a result, the Barcelona System is the domain of only a handful of lawyers, of whom Professor Scovazzi of the University of Milan is probably the most well-known. Besides the limited amount of articles, there is a huge amount of internet publications in the form of workshop reports, brain-storm sessions, exhortations, considerations, news paper articles and expressions of concern. The latter range is interesting to get an impression of the fields of current interest, but have only limited value for juridical purposes. The overall picture of (juridical) sources is thus rather pale. For this reason, I put the various protocols in their context and analysed them after briefly mentioning their global and regional counterparts, with which I compared them. However, the comparison is not always very detailed, since the aim is to show the weaknesses and strengths of the protocols and not those of the other instruments. Besides that, it was not my intention to elaborate extensively on comparison because the primary purpose of the paper is to give an - if you wish critical- overview of the Barcelona System, since this, as far as I know, does not exist. The interested lawyer, who wants to know more about the Barcelona System can therefore only do one thing: read the Convention and protocols, of which the present paper is the result. To provide the necessary juridical background, I begin with the various maritime zones of Mediterranean interest. The case, as you shall see, is that the Mediterranean States have been reluctant to claim much more than a territorial sea of 12 nautical miles. However, some States have recently begun to establish different types of zones beyond the 12 nautical mile limit. This is a point of huge interest and of major importance regarding the enforcement powers of the coastal States in an area that used to be high seas. DA - 2014-07-30 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - The Barcelona System: An overview TI - The Barcelona System: An overview UR - http://hdl.handle.net/11427/4471 ER - en_ZA


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