Marine Strategy Framework Directive: potential and shortcomings

Abstract

The master thesis analyses the potential and shortcomings of the first concentrated effort by the European Union to regulate the protection of marine environment – Marine Strategy Framework Directive. Since the current status of marine waters in Europe is considered as poor this field of environmental protection requires a lot of attention. In spite of that, the Directive has obtained some criticism from scholars as not providing measures for actually improving the marine environment. Another interesting factor is that most of the member states to which this Directive is especially relevant (coastal states) struggled to implement it during the period of time provided. This is why the master thesis raises a hypothesis that shortcomings of the Marine Strategy Framework Directive are significant enough to deem it ineffective and incapable of achieving the objective it sets out to reach – the attainment of good environmental status in the marine waters. For the purpose of confirming or refusing the hypothesis this work is divided into five chapters. First chapter analyses the need for a single document regulating the protection of marine environment in Europe and the novelties introduced by the Marine Strategy Framework Directive in comparison to prior regulation. The second and third chapters of the master thesis are devoted to determining the shortcomings and the potential harm they might cause for the proper attainment of the aims of this Directive. The particular shortcomings discussed in these chapters include the unclear definition of ‘good environmental status’ and the possibly broad application of the exceptions established in Article 14 of the Directive. Some solutions to the mentioned shortcomings are also provided in these chapters. The fourth and the fifth chapters, contrary to the previous two, emphasises the potential and beneficial aspects the Marine Strategy Framework Directive brings to the protection of marine environment in Europe. These chapters make a comparison between the protection of this environmental policy exercised by the European Union through the Marine Strategy Framework Directive and Regional Sea Conventions that are meant to represent the international regulation of the same field. The fourth chapter makes this comparison by evaluating the relations between the two types of documents and the differences they possess, while the fifth chapter concentrates on the enforcement aspect, by discussing the dispute settlement possibilities. The analysis provided in this master thesis grants that the mentioned hypothesis should be refused do to the lack of evidence suggesting that the possible or existing shortcomings of the Marine Strategy Framework Directive could have a significant impact on its effectiveness as they could be easily fixed. Moreover, the potential of the Marine Strategy Framework Directive seems to override the deficiencies as it provides a modern regulation of the marine environmental protection.