RESEARCH

Administrative Law

Public Law and Investment in Maritime Space

projetos
Responsible Researchers:
Rui Guerra da Fonseca
External Researchers:
João Andrade Nunes, Filipe Vasconcelos, Pedro Infante Mota
Financing:
UIDB/04310/2020
Project Status:
Closed
projetos

Summary

In recent years we have seen a renewed interest in the sea in Portugal, motivated by various circumstances, but in particular by economic reasons. It can be said that the maritime space already constitutes today, in the Portuguese community-political mentality, an important location and context for economic activity and, therefore, legal activity. In Portugal, maritime reality has traditionally been the subject of study by practitioners of private law (Maritime Law: maritime transport contracts, insurance, ship regime, etc.) and by jusinternacionalists (Law of the Sea: delimitation of maritime spaces/borders, their international legal regime, etc.). The Administrative Law of the Sea aims to deal with legal problems normally removed from those disciplines, namely, maritime space planning, and the regime for the use and exploitation of resources in the various maritime spaces subject to national jurisdiction (or similar), due to their characterization as public domain (or equivalent). Investment in maritime spaces requires information regarding these aspects, first and foremost for reasons of legal certainty: given the sometimes large nature of these same investments, few will venture into them without knowing the regime of legal titles for use/exploitation ( licenses, authorizations, concessions) and their economic impact on a cost/benefit balance (e.g.: concession deadlines, dispute resolution regimes, tax framework, etc.). In this sense, it can be said, in short, that: (i) scientific relevance lies in the progressive autonomy of a special branch of Administrative Law, whose structure, principles and practical relevance can no longer be disregarded by university research: ( ii) public relevance can be summarized simply as follows: without studies of this nature, there will be no investments in maritime space that are anything but sporadic and, therefore, insignificant.

Objectives

The project aims, firstly, to carry out an inventory of the most relevant types of investment in the Portuguese maritime space, identifying the respective internal legal regimes or their absence. In the first case, the aim is to assess its legal coherence and constitutional compliance with EU and international law, as well as an analysis of its level of effectiveness, taking into account the specific needs/involvements of investment in maritime space. If there is international or EU regulation directly applicable by the Portuguese public administration, it will also be taken into account. In the second case (absence of regime), the aim is to assess the corresponding impact in terms of investment in maritime space and ways to resolve this absence, if necessary. The project's central objective is to assess the adequacy of Portuguese domestic public law (maximum, administrative law) in light of the needs and specificities of investment in maritime space.

Relevance

The project contains a line of research and a line of training. The line of research will be approached by identifying (i) the types of investment in maritime space, (ii) the corresponding directly disciplinary legal regimes (e.g.: licensing regimes), (iii) the influential legal regimes (e.g. tax), isolating its main dysfunctionalities and relevance for the purposes of a cost/benefit balance. The training line takes the form of a Postgraduate course in Administrative Law of the Sea, to be taught by the ICJP (which is now in its 2nd edition), with the researchers simultaneously teaching the Course, which thus presents itself as a vehicle of the project, and at the same time as a field for collecting inputs for research purposes
Lisbon Public Law Research Centre

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