The paper offers points for a reflection on the legal regime of territorial waters.
In the past, this has always been considered res communis omnium because of the public use of the sea, but today the private demand for exclusive use of territorial waters for the purpose of producing energy is growing.
The deregulation of energy production has led to a growing private interest in locating power plants off-shore. In this new perspective there are many interests involved and it is not easy to reconcile them. The exclusive use of territorial waters must be compared to the need to preserve the environment, and to rules governing the freedom and safety of navigation, as well as to the complex structure of functional skills and regulations of the State and the Regions on coastal territories.
The paper focuses on this complex issue and on some recent Italian case-law in the light of the 2007 EU initiative to encourage a coordinated approach to the planning of marine areas.
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