Regulating Coastal Zones International Perspectives On Land Management Instruments 1st Edition Rachelle Alterman (Editor) and Cygal Pellach (Editor)

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Regulating Coastal Zones
Regulating Coastal Zones addresses the knowledge gap concerning the legal and regu-
latory challenges of managing land in coastal zones across a broad range of political and
socio-economic contexts.
In recent years, coastal zone management has gained increasing attention from envi-
ronmentalists, land use planners, and decision-makers across a broad spectrum of felds.
Development pressures along coasts such as high-end tourism projects, luxury housing, ports,
energy generation, military outposts, heavy industry, and large-scale enterprise compete with
landscape preservation and threaten local history and culture. Leading experts present ff-
teen case studies among advanced-economy countries, selected to represent three groups of
legal contexts: Signatories to the 2008 Mediterranean ICZM Protocol, parties to the 2002 EU
Recommendation on Integrated Coastal Zone Management, and the USA and Australia.
This book is the frst to address the legal-regulatory aspects of coastal land management from
a systematic cross-national comparative perspective. By including both successful and less effec-
tive strategies, it aims to inform professionals, graduate students, policymakers, and NGOs of the
legal and socio-political challenges as well as the better practices from which others could learn.
Rachelle Alterman is a Professor (emerita) of urban planning and law at the Technion – Israel
Institute of Technology and Senior Researcher at the Neaman Institute for National Policy
Research. She heads the Laboratory on Comparative Planning Law and Property Rights. Alter-
man is the founding president of the International Academic Association on Planning, Law and
Property Rights (PLPR). Her research interests include comparative planning law and land use
regulation, comparative land policy and property rights, housing policy, and implementation of
public policy. For her pioneering contribution to the field, she was awarded Honorary Member
status by the Association of European Schools of Planning (among only six awarded this dis-
tinction, and the only non-European), and has been selected as one of sixteen global “leaders
in planning thought” whose academic autobiographies are compiled in the book Encounters in
Planning Thought (Routledge, 2017).
Cygal Pellach holds a Bachelor of Planning from the University of New South Wales, Sydney,
Australia, and a MSc in Urban and Regional Planning from the Technion – Israel Institute of
Technology. She is currently completing a doctoral degree, also at the Technion, under Rachelle
Alterman’s supervision. Between her M.Sc. and her PhD studies, Cygal served as the team leader
in the EU-funded research project, Mare Nostrum, headed by Alterman. Prior to embarking on
an academic path, Cygal garnered five years’ experience in urban planning practice, working in
private consultancy in Melbourne (VIC), Australia.
Urban Planning and Environment
Series Editors: Donald Miller and Nicole Gurran
Maintaining and enhancing living conditions in cities through a combination of physical plan-
ning and environmental management is a newly emerging focus of governments around the
world. For example, local governments seek to insulate sensitive land uses such as residential
areas from environmentally intrusive activities such as major transport facilities and manufac-
turing. Regional governments protect water quality and natural habitat by enforcing pollution
controls and regulating the location of growth. Some national governments fund acquisition of
strategically important sites, facilitate the renewal of brown felds, and even develop integrated
environmental quality plans. The aim of this series is to share information on experiments and
best practices of governments at several levels. These empirically based studies present and crit-
ically assess a variety of initiatives to improve environmental quality. Although institutional
and cultural contexts vary, lessons from one commonly can provide useful ideas to other com-
munities. Each of the contributions are independently peer reviewed, and are intended to be
helpful to professional planners and environmental managers, elected offcials, representatives
of NGOs, and researchers seeking improved ways to resolve environmental problems in urban
areas and to foster sustainable urban development.
Titles in the series:
Governing for Resilience in Vulnerable Places

Edited by Elen-Maarja Trell, Britta Restemeyer, Melanie M. Bakema, Bettina van Hoven
Bicycle Urbanism
Reimagining Bicycle Friendly Cities
Edited by Rachel Berney
Instruments of Land Policy

Dealing with Scarcity of Land
Edited by Jean-David Gerber, Thomas Hartmann, Andreas Hengstermann
For more information about this series, please visit: https://www.routledge.com/Urban-

Planning-and-Environment/book-series/UPE
Regul at ing Coa st a l Zone s
International Perspective on Land
Management Instruments
Edited by Rachelle Alterman

and Cygal Pellach
First published 2021
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
52 Vanderbilt Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2021 selection and editorial matter, Rachelle Alterman and Cygal Pellach;
individual chapters, the contributors
The right of Rachelle Alterman and Cygal Pellach to be identified as the authors
of the editorial material, and of the authors for their individual chapters, has been
asserted in accordance with sections 77 and 78 of the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or
utilised in any form or by any electronic, mechanical, or other means, now known
or hereafter invented, including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered
trademarks, and are used only for identification and explanation without intent to
infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Alterman, Rachelle, editor. | Pellach, Cygal, editor.
Title: Regulating coastal zones : international perspectives on
land-management instruments / edited by Rachelle Alterman and Cygal Pellach.
Description: New York : Routledge, 2020. | Series: Urban planning and
environment | Includes bibliographical references and index.
Identifiers: LCCN 2020023948 (print) | LCCN 2020023949 (ebook) |
ISBN 9781138361553 (hardback) | ISBN 9781138361560 (paperback) |
ISBN 9780429432699 (ebook)
Subjects: LCSH: Coastal zone management–Case studies. | Coastal zone
management–Law and legislation–Case studies.
Classification: LCC HT391 .R3854 2020 (print) | LCC HT391 (ebook) |
DDC 333.91/7–dc23
LC record available at https://lccn.loc.gov/2020023948
LC ebook record available at https://lccn.loc.gov/2020023949
ISBN: 9781138361553 (hbk)
ISBN: 9781138361560 (pbk)
ISBN: 9780429432699 (ebk)
Typeset in Sabon
by KnowledgeWorks Global Ltd.
Cover images (from left):
Borkum island coast on the Wadden Sea, Germany. Available at: https://pixabay.
com/photos/borkum-island-gulls-wadden-sea-4428395/
Gold Coast, Queensland, Australia. CC BY 2.0 license. Available at: https://www.
flickr.com/photos/lennykphotography/15774425432/
The coast at Nice. Annie and Andrew. CC BY 2.0 license. Available at: https://
www.flickr.com/photos/anwenandandrew/6065731555
Creative Commons licenses of images used in this book:
CC BY 2.0 – see: https://creativecommons.org/licenses/by/2.0/
CC BY-SA 2.0 – see: https://creativecommons.org/licenses/by-sa/2.0/
CC BY-SA 4.0 – see: https://creativecommons.org/licenses/by-sa/4.0/
Dedicated to the memory of my only (and younger) sister, Dr. Tzila Shamir (Leichter). She
was a brilliant mathematician, whose death from juvenile diabetes cut short her research in
robotics, including early contributions to autonomous vehicles and to the math of mobility
of people with disabilities.
Rachelle Alterman (Leichter)
Dedicated to the memory of my maternal grandparents, who took full advantage of living
on Sydney’s coast, each in their own way. Geri loved to walk and swim at the beach. Justin
travelled by ferry as often as he could. Both were dedicated to the pursuit of knowledge and
thus surely infuenced my path in life.
Cygal Pellach
C onte nt s
Preface viii
Acknowledgements ix
Contributors x
PART I
Framing 1
1 Introduction: Objectives and method of comparative analysis 3

RACHELLE ALTERMAN AND CYGAL PELLACH
2 The parameters for comparative analysis and their expression

in supra-national legislation 14
PART II
Country reports 29
Group I: European countries – Non-Mediterranean
3 United Kingdom 31
LINDA MCELDUFF AND HEATHER RITCHIE
4 The Netherlands 66
PIETER JONG AND HENDRIK VAN SANDICK
5 Denmark 85
HELLE TEGNER ANKER
6 Germany 101
EVA SCHACHTNER
7 Portugal 127
PAULO V.D. CORREIA AND INÊS CALOR
Contents vii
Country reports
Group II: Countries subject to the Mediterranean ICZM Protocol 147
8 Spain 149
MARTA LORA-TAMAYO VALLVÉ, PABLO MOLINA ALEGRE, AND CYGAL PELLACH
9 France 169
LOÏC PRIEUR
10 Italy 190
ENZO FALCO AND ANGELA BARBANENTE
11 Slovenia 220
NAJA MAROT
12 Greece 237
EVANGELIA BALLA AND GEORGIA GIANNAKOUROU
13 Malta 261
KURT XERRI
14 Turkey 280
FATMA ÜNSAL
15 Israel 306
DAFNA CARMON AND RACHELLE ALTERMAN
Country reports
Group III: Countries not subject to supranational legislation 333
16 Australia 335
NICOLE GURRAN
17 United States of America 355

A. DAN TARLOCK
PART III
Comparative analysis and evaluation 379
18 Comparative analysis I: Introduction and the concept of the coastal zone 381
CYGAL PELLACH AND RACHELLE ALTERMAN
19 Comparative analysis II: Land demarcation and property rights 389

CYGAL PELLACH AND RACHELLE ALTERMAN
20 Comparative analysis III: Governance, planning, and climate change awareness 418
Index 441
Pre face
The seeds of this book were planted several years ago during the Mare Nostrum project, funded
through a research grant by the European Union.1 The project, led by Rachelle as Coordinator
and Cygal as Deputy Coordinator, focused on the legal-regulatory aspects of coastal zone land
management in the Mediterranean area. While this book was inspired by the Mare Nostrum
project, it has gone much beyond that project in scope, method, and, most importantly, in the
much-expanded set of countries.
From this book’s broad cross-national perspective encompassing ffteen countries, we learn
that despite several decades of laws, policies, and research about Integrated Coastal Zone
Management (ICZM), many countries still face persistent impediments to achieving this goal.
Knowledge sharing across countries and disciplines is essential for promoting sustainable
coastal conservation and for meeting the special challenges posed by climate change. We hope
that this book contributes in this direction.
This is not a regular edited volume. It is a concerted team project. We have been very privi-
leged to cooperate with a group of top experts in the various felds related to the legal-regulatory
aspects of coastal zone management: Land use planning, planning law, environmental law,
and planning governance. Each scholar has agreed to invest much time to analyse their coun-
try’s coastal land laws and regulations according to our specially designed framework. At
times, we asked the authors to go through several rounds of questions about nitty-gritty issues
that needed clarifcation for cross-national calibration. We are immensely thankful to our col-
leagues for their trust in us.
1 Cross-border cooperation in the Mediterranean: The ENPI CBCMED programme. See http://www.enpicbcmed.
eu/programme
A c know le dge me nt s
Special thanks to two experts in water- and marine-related disciplines who kindly helped us
out with some of the unavoidable concepts and terms related to shorelines:
− Dr. Dov Zviely, an expert in coastal morphology and related aspects of morphodynamics,
hydrography, paleogeography, and sedimentology; Head of the M.A. program in Marine
Resource Management at Ruppin Academic Center, Israel
− Dr. Roey Egozi, hydrologist, Research Station for Erosion Studies, Israel Ministry of
Agriculture and Rural Development
We would also like to thank all of our partners in the Mare Nostrum project (2013–2016), but
particularly Pablo Grostithas and Kostas Lalenis, for their valuable insights about the Spanish
and Greek contexts respectively.
C ont ributor s
Helle Tegner Anker is a Professor of Law at the Faculty of Science, University of Copenhagen.
She has specialised in environmental and planning law, including access to justice, EIA, land
use planning, nature protection, ICZM and renewable energy. She has been appointed as
member of several committees established by the Danish Government.
Evangelia Balla is a Surveying Engineer and Urban and Regional Planner. She is currently
a Researcher at the Department of Urban and Regional Planning and Geo-information
Management at the Faculty of Geo-information Management and Earth Observation (ITC)
of the University of Twente (NL).
Angela Barbanente is a Professor of Regional Planning at the Polytechnic University of Bari,
Italy. She was deputy president of the regional government of Puglia from 2005 to 2015,
with responsibility for spatial planning, housing, urban policy, landscape, environmentally
protected areas, and cultural heritage.
Inês Calor is an architect and holds a PhD in Geography and Urban Planning. She is
currently working as an urban planner in a Portuguese municipality and a researcher at
CEGOT, University of Porto. Her recent research focuses on illegal development, planning
enforcement, and compliance with short-term rental rules.
Dafna Carmon is an urban planner and a lawyer, holding a PhD in urban planning from
the Technion – Israel Institute of Technology. She was a senior researcher in the EU Mare
Nostrum project on ICZM in the Mediterranean. Dafna is a consultant to local municipalities,
specializing in social planning and public participation. She is also an adjunct teacher at Tel-
Aviv University.
Paulo V.D. Correia is an Associate Professor at IST, Lisbon University. He holds a PhD in
Civil Engineering (Planning and Transportation) from IST and an MA in Regional Science
from the University of Liverpool. He is a former General Director for Spatial Development
and past President of both CEU-ECTP (European Council of Spatial Planners) and the
Portuguese Association of Planners.
Enzo Falco is an Assistant Professor at Dipartimento DICAM, Università degli Studi di Trento,
Italy, and Visiting Researcher, Department of Urbanism, TU Delft. He conducts research on
planning law, TDR, and theories of public participation in planning.
Contributors xi
Georgia Giannakourou is a Full Professor of Planning and Environmental Law and Policies at
National and Kapodistrian University of Athens (Department of Political Science and Public
Administration). She is also an Attorney at Law in the Athens Bar.
Nicole Gurran is a Professor of Urban and Regional Planning at the University of Sydney. She
has led and collaborated on a series of studies on aspects of urban policy, climate change,
and planning, and she has authored numerous publications and books, including Australian
Urban Land Use Planning: Principles, Policy, and Practice.
Pieter Jong is a lecturer in Environmental Law at Delft University of Technology. In addition
to his academic activities, he is employed by the Dutch Ministry of Infrastructure and Water
Management. He also works as a senior policy advisor on Environmental Noise, Railway
Vibrations, and Healthy Urban Environment.
Naja Marot is an Assistant Professor of Regional Planning, Tourism and Recreation at the
University of Ljubljana, Slovenia. Her research focuses on (territorial) governance, policy
analysis, impact assessments, regional planning, territorial cohesion, degraded urban areas,
post-mining regions, and public participation. She represents Slovenia on the Council of
Representatives at the Association of European Schools of Planning (AESOP).
Linda McElduff is a lecturer in planning in the Belfast School of Architecture and the Built
Environment, Ulster University. Her doctoral research (completed in 2014) investigated
the regeneration and resilience of coastal resorts on the island of Ireland. Linda’s current
research interests include coastal management, resilience, and marine social science.
Pablo Molina Alegre is a lawyer and planner. He is currently partner in the law frm J&A
Garrigues, S.L.P. (Barcelona, Spain), where he deals with cases related to a variety of topics
in planning, environmental law, and property law. In the course of his career, Pablo has
lectured at several universities in Spain and Colombia. He is a past President of the Spanish
Association of Planners (2015–2017).
Loïc Prieur holds a PhD in public law. He is a lecturer at Sorbonne University and Director
of the Master of Urban Planning program. A Partner at LGP law frm, he specialises in
public law and urban planning law. He has several publications on French coastal law and
is regularly consulted by members of parliament on draft legislation related to the coastal
zones.
Heather Ritchie is a lecturer in Spatial Planning and Energy Policy in the Belfast School of
Architecture and the Built Environment, Ulster University. Since completing her PhD in
2011, Heather’s research interests have developed around Marine Spatial Planning, land–
sea interaction, regulation at the coast and beyond, and transboundary MSP.
Hendrik van Sandick is a legal consultant on land policy, environmental law, and spatial
planning. He is currently working for the Dutch Ministry of the Interior on the new
Environmental and Planning Act.
Eva Schachtner is a postgraduate researcher. After law studies in Munich, Paris, and Barcelona,
she worked as a Scientifc Assistant for the University of Rostock and the Leibniz Institute
of Ecological Urban and Regional Development on projects for the protection of the marine
environment.
xii Contributors
A. Dan Tarlock holds an AB and LLB from Stanford University. He has taught at various
universities in the United States, Europe, and China and is University Distinguished
Professor Emeritus, Illinois Tech, Chicago-Kent College of Law. His principal subjects
were environmental law, land use planning, and water law. He has written widely on these
subjects and served on numerous US and international organizations.
Fatma Ünsal is a Professor of Urban Planning who teaches urban politics and reformist
approaches in urban planning at graduate and undergraduate levels. Her research topics
and publications concentrate on planning legislation, coastal development, mid-size cities in
Turkey, and urban development of Istanbul. She is currently the Director of the Urbanism
Application and Research Centre at the University.
Marta Lora-Tamayo Vallvé is a Full Professor of Administrative Law at the National University
of Distance Education (UNED), Spain. In her teaching and research, she has focused
primarily on planning law from a historical and comparative perspective. She is a member
of the National College of Urban Jurisprudence (CNJUR), the International Platform of
Experts in Planning Law, and the Academic Council of the City Institute.
Kurt Xerri is a Lecturer at the Faculty of Laws of the University of Malta. His research interests
include property law and property rights. He also serves as an advisor to the Maltese
government on housing matters.
Part I
Framing
1 Introduction
Objectives and method of comparative analysis
Rachelle Alterman and Cygal Pellach
Everyone loves a pristine beach. But almost everyone (in the Global North) also likes to
own land and live near the beach, to vacation in hotels on the beach, to go to country clubs
located next to the beach, or at least to be able to view the beach from their home or offce.
Coastal locations often have a real estate premium in many countries (see for example,
Markandya et al., 2008). Coastal zones are often also attractive to government agencies
constructing roads and other national or local infrastructure, and many old industries are
still located near the coast.
T h e r at i o n a l e fo r I nteg r ate d C o a s t a l Z o n e M a n age m e nt

Throughout human history, coastal zones have been important for livelihood and transporta-
tion. A major portion of humanity has always resided close to the coast, and still does (about
40% live within 100 km of the coast; UN, 2017). The environmental consequences of the
anthropogenic (human-generated) pressures on the coast and its landscapes are much studied
and discussed, but insuffcient attention is devoted to the real-property aspects of coastal land.
In order to improve coastal zone conservation, the land management aspects must receive
more research attention. In the era of growing awareness of climate change and its intensifed
impacts in coastal regions, the real-property aspects are likely to become even more acute.
Adaptation measures to sea level rise or extreme storm events along the coasts inevitably come
up against issues related to land property rights.
Any book on coastal zones will note that they are unique and complex environments that
warrant special measures for their conservation (see for example, Schernewski, 2016; Portman,
2016). The environmental assets, including the unique landscapes, are especially threatened
by the heightened development pressures in coastal zones. Therefore, coastal regions have
been recognized as meriting a special decision-guidance model – Integrated Coastal Zone
Management, ICZM (Portman, 2016; Kay & Alder, 2005, pp. 8–9). One of the earlier, highly
cited books devoted entirely to coastal management offers this defnition of ICZM:
. . . a conscious management process that acknowledges the interrelationships among most

coastal and ocean uses and the environment they potentially affect. ICM is a process by
which rational decisions are made concerning the conservation and sustainable use of
coastal and ocean resources and space. The process is designed to overcome the fragmenta-
tion inherent in single-sector management approaches . . . in the splits in jurisdiction among
different levels of government, and in the land-water interface (Cicin-Sain et al., 1998, p.1).
4 Rachelle Alterman and Cygal Pellach
The above defnition of ICZM and many similar ones present an ideal that can never be fully
implemented, but they do set a direction for policymakers (Garriga & Losada, 2010, p. 89;
Portman, 2016, p. 69). The ICZM idea has come a long way since it was frst introduced in
legislation in the USA in 1972 (Belknap, 1980; Felleman, 1982). In recent decades, ICZM has
become widely accepted around the world as the guiding paradigm for policymaking about
coastal zones (Cullinan, 2006; Portman, 2016; Ahlhorn, 2017; Ramkumar et al., 2019). Many
countries have adopted laws, regulations, and policies in that direction.
Pu r p o s e a n d st r u c t u re o f t h i s wo r k
Unlike much of existing literature that focuses on what should be done in terms of better
land-management and governance norms towards ICZM, this book addresses what is being
applied de facto, juxtaposing and comparing current practices with the ICZM norms. The focus is
on the laws and regulations and how they manifest in practice. In order to help to move the ICZM
ideals from books, treaties, laws, and regulations to actual practice, policymakers need a “reality
check” to gauge feasibility, identify impediments, or consider alternative approaches, some based
on learning from other countries. To that end, we ask, what specifc land-related laws, regulations,
or policies have in fact been adopted and implemented by a relatively large set of countries.
This book joins a large number of publications about ICZM, created over decades by
researchers from a broad range of disciplines. In order to position our book’s contribution
within the current body of knowledge, we distinguish among three “pillars” of ICZM:
Pillar 1: Coastal environmental dynamics (not discussed in this book)

Pillar 2: Land demarcation and property rights
Pillar 3: Modes of governance and institutions
The frst pillar is outside the scope of this book. It is grounded in environmental sciences,
addressing the interrelationships among the various aspects of the marine and terrestrial envi-
ronments. The purpose is to provide decision makers with a multidisciplinary understanding of
the special attributes of the coastal environment, its landscapes, and their dynamics.
The second pillar, pertaining to land demarcation and property rights, could be seen as the
“hardware” in the kit of tools of ICZM. In this book, we focus especially on the role of laws
and regulations pertaining to coastal land and how they are practised on the ground. Topics
include demarcation of zones for special protection, private and public property rights and the
regulations that restrict development and direct the use of land. The literature on this topic is
the least abundant among the three pillars.
The third pillar of ICZM focuses on governance. One could see this as the “software” in
the kit of ICZM tools. This pillar, like the frst (but unlike the second), has benefted from
considerable research attention, mostly with a general institutional perspective, rather than
the legal-regulatory perspective adopted here. Previous research has usually highlighted the
persistent problems of high fragmentation among the many coast-related government bodies
and the diffculties in reaching coordinated decisions, and proposes approaches to improve
institutional set-ups and better governance (superbly explained by Portman, 2016; see other
examples in Cicin-Sain et al., 1998 and Ahlhorn, 2017).
In this book, we address the third pillar from the special perspective of the second pillar – the
land-related laws and regulations. Our analysis encompasses the following issues: Coordination
among institutions in charge of land-related policy and implementation, especially land use
Objectives and method of comparative analysis 5
planning; integration of the land-related subject areas and across the land–sea divide; public
participation; and capacity to enforce infringements of land-related rules. In the era of climate
change, we added questions about the degree of institutional awareness of the need for adap-
tation to sea level rise or other climate-related challenges. We also look at the capacity of the
laws themselves to adapt to climate change (Arnold, 2013).
The book has a three-tier structure of analysis: National, cross-national, and supra-national.
For each tier, we address the relevant laws, regulations, and practices of land-related ICZM.
Across each of the tiers, the book makes a unique contribution to the current state of knowledge
both in its subject matter and in its selection of countries. This is also the frst book to address
all three levels and the interrelationships among them.
At the national tier, the book encompasses a large (non-random) sample of ffteen national
jurisdictions selected according to specifc criteria. Each country report has been written by one
or more experts from that country. The country chapters are the heart of the book. Each country
chapter follows a rigorous framework based on a shared set of topics, which we call “parameters”,
to be introduced in detail in Chapter 2. Each individual country report stands as a unique con-
tribution to the state of knowledge about that specifc country. The picture that emerges is of a
(surprisingly) high degree of variety among the laws, regulations, and practices about ICZM.
The second tier – the cross-national analysis – is made possible through the systematic struc-
ture of the country reports. At this level, we as editors collate and compare the rich information
provided by the country chapters in order to offer the readers opportunities for cross-learning.
There is not much previously reported analysis of land regulation in the framework of
ICZM that is based on a rigorous cross-national comparative perspective. Notable research
efforts to date are Boelaert-Suominen & Cullinan (1994), Cicin-Sain et al. (1998), Markandya
et al. (2008), Ahlhorn (2017, pp. 23–31), and Karnauskaitė et al. (2018). These pioneering
publications, however, do not delve into questions concerning implementation. This book goes
beyond, both in scale and breadth.
The third tier – the supra-national level – is relevant to thirteen of the countries. They each
come under one or more set of rules enunciated through international law or supra-national
policy intended as guidance to improve ICZM among the signatory states. Yet, in reading the
country reports, one is struck by the absence of references to these relevant supra-national
documents (except occasionally, when introduced during the editorial process). Although this
fact foreshadows some of our fndings, it does not diminish the importance of looking at the
performance of the international efforts. There is not yet much research attention to the degree
of infuence of the supra-national ICZM norms on national laws and policies. Among the few
contributions in this category are several excellent analyses by the team of Rochette and Billé
(Rochette & Billé, 2010, 2013; Billé & Rochette, 2011, 2015; see also González-Riancho et al.,
2009). To date, however, researchers have addressed only a handful of countries.
Over the remainder of this chapter, we introduce the supra-national laws and their impli-
cations; present the rationales for country selection; and discuss the methodology of analysis
and its limitations.
S u p r a - n at i o n a l I C Z M l aw : S h u n n i ng i nte r ve nt i o n
i n l a n d r ight s
In 2008, a daring leap was taken when ICZM frst entered the realm of international law. After
several years of consideration under UN auspices (Markandya et al., 2008; Sanò et al., 2011),
the Protocol on Integrated Coastal Zone Management for the Mediterranean was adopted,
henceforth, the Mediterranean ICZM Protocol (UNEP, 2008). A few years earlier, in 2002,
the EU adopted a supra-national policy document on ICZM endorsed by all its member states.
However, adoption of international laws or policies is easier than their implementation by
national and local governments, especially where land and property rights are concerned.
Throughout this book, we will learn to what extent the real-property aspects of ICZM have
been amenable to legal and policy change.
The Mediterranean ICZM Protocol was not just one more international agreement on envi-
ronmental issues. Such agreements go much further back, to the 1940s, and over time have
addressed a growing number of environmental topics.1 Sea-related environmental agreements
also go far back, to the early 1970s. The signifcance of the ICZM Protocol – with twenty-two
signatory nations covering almost all Mediterranean countries (PAP/RAC, n.d.) – is that it was
the frst attempt to intervene in the terrestrial aspects of coastal zones through international
law. Although a few other conventions followed for regional seas, the Mediterranean ICZM
Protocol remains the most ambitious (Rochette & Billé, 2012).
However, it turns out that the idea of direct international intervention in domestic law
pertaining to land – as distinct from sea – is much more contentious than it may have seemed
in 2008 when the Mediterranean ICZM Protocol came into effect. The indicative story is
the failed attempt by the EU to upgrade its “soft law” guidance on ICZM into a binding EU
Directive that would apply to both sea and land.
The intentions were clear. The EU policy document was frst adopted in 2002 as
Recommendation of the European Parliament and of the Council . . . Concerning the
Implementation of Integrated Coastal Zone Management in Europe (henceforth European
ICZM Recommendation). During preparation of the ICZM Recommendation, the European
Council established a group of experts, which in 2000 published an unoffcial document called
Model Law on Sustainable Management of Coastal Zones and European Code of Conduct
for Coastal Zones (Ahlhorn, 2017; Council of Europe, 2000). This document was to evolve
into a binding Directive that would cover both sea and land. A draft Directive was prepared on
“maritime spatial planning and integrated coastal management” (European Parliament, 2013).
The explanatory note stressed the key importance of addressing land–sea connectivity and
interactions. 2 One should also recall that by that time, the EU itself was already a signatory to
the ICZM Protocol, in addition to the eight Mediterranean states that are also EU members
(PAP/RAC, n.d.).
Nevertheless, when the draft Directive came to a vote, a majority of Members of the
European Parliament (MEPs) voted to eliminate the reference to rules pertaining to land, leav-
ing only the maritime aspects and vague references to “land-sea interactions”. During the
debate, Kay Swinburne, a UK member of the European Conservatives and Reformists party,
submitted the following:
. . . The fnal agreement should have no or minimal impact on our existing process and
will not impose new or added burdens. The ICM element has been dropped from the
fnal agreement in exchange for references to, and requirements on, land-sea interactions.
The importance of this relationship between land, coast and sea is already refected in
our marine planning processes. The agreement allows the UK to move forward with
the delivery of marine planning and recommend its adoption. It contains additional
safeguards to preclude any overlap with or impact on land planning, and underlines
that the content of the marine plans will be determined by Member States. (European
Parliament, 2014a)
Interestingly, among the MEPs who objected to the inclusion of the land aspects were members
from the same Mediterranean states that had signed the ICZM Protocol several years earlier,
along with its binding land-related regulations. We fnd this story quite dramatic. It conveys a
strong message that, in the eyes of most EU MEPs, land laws and policies should be immune to
intervention from the outside. This message is especially stark in view of the ostensibly consen-
sual goal to better coastal protection, which often has cross-national implications.3
Once all references to rules for land were eliminated, the Maritime Spatial Planning
Directive was adopted in 2014 (European Parliament, 2014). Thus, today, a legally binding
Directive applies to the marine zones in all EU members states, while a non-binding EU ICZM
Recommendations document applies to coastal land. Yet paradoxically, those EU member
states located along the Mediterranean are legally bound also by the Mediterranean ICZM
Protocol, which, as noted, addresses both land and sea. Furthermore, most of these states have
individually ratifed the ICZM Protocol. Granted, as international law, the ICZM Protocol is
not very easy to invoke for adjudication in specifc countries (or internationally). Our fndings
will show that, at best, the Protocol functions (so far) more like a policy document than bind-
ing international law. However, in principle, once ratifed, the Protocol does have domestic
status in national law, should any party wish to harness its legal potential.
S e l e c t i o n o f c o u nt r i e s
In selecting our research countries, ffteen in total, we used two key criteria: Relationship to
supra-national law or policy, and shared and differing developmental attributes.
R e l a t i o n s h i p t o s u p ra - na t i o na l l a w o r p o l ic y
We tried to include a range of countries that represent the major types of relationships with
supra-national law or policy. These relationships are depicted in Figure 1.1. Seven of our eight
Figure 1.1 The research countries in the context of supra-national law and policies
Mediterranean countries have signed the ICZM Protocol (Turkey has not but is eligible to do
so). Five of these have already ratifed the Protocol, thus rendering it part of their domestic
law; Italy and Greece have not. Six of the Mediterranean countries are also members of the EU
and thus come under both umbrellas – the ICZM Protocol and the EU Recommendation. One
country – Israel – is bound only by the ICZM Protocol. And fnally, two countries – the USA
and Australia – are not legally affected by any supra-national norms for ICZM. However, both
the USA and Australia are federal countries with a legal relationship between the states and the
federal level that are somewhat reminiscent of the international–national relationships in the
other countries. The authors for these two countries sometimes highlight important differences
among the constituent states.
This book is thus well positioned to address the following question: How do the national
laws and regulations in each of the relevant countries perform vis-à-vis the norms set out either
by the ICZM Protocol or by the EU ICZM Recommendations?
S ha re d a nd d i f f e ri n g d e v e l o p m e n t a l a t t ri b u t e s
We sought to have an adequate common denominator to allow for comparative analysis and
some cross-country learning. At the same time, we wanted to represent enough differences in
relevant variables so that the fndings would interest readers from a variety of countries.
The main common denominator is the level of economic development. All the selected
countries have a relatively advanced economy and a good standard of living for their citizens.
Except one country – Malta – all are members of the OECD – the Organisation for Economic
Co-operation and Development. This organization accepts only countries with an advanced
economy and a reasonably functioning (democratic) governance system. Our set of ffteen
countries constitutes about 40% of all OECD members. At the same time, our sample also
happens to represent 40% of the member states of the European Union (including Malta). Four
of the book’s countries are members of the OECD but not the EU (the US, Australia, Turkey,
and Israel). The book does not encompass developing countries, with the assumption that they
have an a priori weaker capacity to implement ICZM – especially its challenging norms of
governance.
In selecting the countries, we also sought relevant variety. The degree of land-development
pressure near the coast should be especially pertinent. This factor does not receive enough
direct attention in evaluations of ICZM implementation. More attention is given to indices
that assess the pressures on the natural environment (see Portman, 2016). Because our study
focuses on land regulation and property rights, it is important to fnd a way to take develop-
ment pressures on land into account.
Following an unsuccessful search for ready-made quantitative indicators of development
pressures, we created our own surrogate.4 Given limited resources, we built a simple, perhaps
simplistic measure. It is based on the population density within 10 km of the coastline (persons
per square kilometre), multiplied by the percentage of each country’s population living within
10 km of the shoreline (see Table 1.1). The assumption is that higher population pressure
is expressed in more demand for land (for housing, economic enterprises, infrastructure,
recreation, etc.).
The scoring of countries using our Coastal Population Pressure Index potentially opens
up an important consideration for assessing ICZM. For example, the scores for Malta and
Israel, at the high end of the scale, are 70–75 times higher than those of Slovenia and Germany
at the low end. Perhaps surprisingly, although the Netherlands is known for its high overall
Table 1.1 Coastal Population Pressure Index (CPPI) applied to the set of countries
Population density within Percentage of Score on Coastal

10 km of the coast population living within Population Pressure
Total population (persons per sq. km)* 10 km of the coast** Index (CPPI)***
Slovenia 2,067,535 389 4% 17
Germany 80,688,538 275 7% 19
USA 321,773,631 133 20% 27
Australia 23,966,501 47 59% 28
France 64,395,347 252 16% 40
UK 64,714,995 222 34% 75
Greece 10,954,560 134 64% 85
Italy 59,799,759 352 28% 99
Denmark 5,669,093 168 73% 122
Turkey 78,665,813 465 27% 126
Portugal 10,356,070 421 31% 132
Spain 46,121,679 501 32% 161
Netherlands 16,924,927 625 45% 284
Israel 8,064,033 1984 46% 914
Malta 418,674 1288 100% 1288
* To nearest whole
** To nearest percentage point
*** Density within 10 km of coast × percentage of population living within 10 km of coast (to nearest whole)
population density, the CPPI scores show that the Netherlands’ pressure along the coasts is
only about one-third of Malta’s or Israel’s.5 The diffculties of introducing new land regulations
in densely populated high-pressure regions are likely to be greater than in low-pressure ones.
When reading each of the country chapters, it is recommended to keep the Coastal Population
Pressure Index in mind.
M et h o d o l og y : C o u nt r y- s p e c i f i c a n d c o m p a r at i ve a n a l y s i s
The research method we applied combines two levels of analysis: In-depth focus on each separate
country, analogous to case-study method, and systematic cross-national comparative analysis
based on shared parameters (with some minor variations). The backbone of this book is the
team of leading scholars who have consented to devote their time and harness their knowledge
to analyse the laws, regulations, and practices relevant to their respective countries’ coastal
zones. The analysis in each country report is largely descriptive, in order to provide the facts,
but it also refects each author’s evaluation or criticism.
Each of the ffteen country reports, or case studies, tells a rich story, embedded in the
country’s unique legal, institutional, and behind-the-scenes cultural-political context. To enable
systematic comparison across the countries, we articulated a framework composed of a set
of parameters relevant to ICZM. These served to guide each author in writing their country
reports. In order to gain reasonable consistency despite the very different legal and governance
contexts, each chapter went through several iterations between the editors and the author(s).
The shared set of parameters also serves the third objective of this book: To promote
cross-national learning through comparison of the laws and practices across the sample coun-
tries. Comparative legal research, in general, has both proponents and critics. The latter often
note that each jurisdiction has a unique legal tradition and context and that the researcher is
inevitably imbued in his or her own culture and thus cannot maintain adequate rigor for crit-
ical comparative thinking (Frankenberg, 1985, 2016; Zumbansen, 2005). Proponents argue
that laws may be compared usefully cross-nationally, so long as their functions are shown
to be similar (Zweigert & Kotz, 1998; Whytock, 2009). Proponents also note the usefulness
of comparative fndings in expanding the horizons of legislators and policymakers (see also
Barak-Erez, 2008). The debate about the value of comparative research is paralleled among
policy scientists, with arguments supporting the functional approach (Peters, 1998; Peters &
Pierre, 2016). Recently, urban planning scholars have also argued in favour of comparative
learning, despite the especially complex and contextualized attributes of spatial planning (van
Assche at al., 2020).
This book adopts the functional approach and has a pragmatic, rather than a legal-critical,
purpose: We seek to contribute to an area of law and policy that is yearning for more knowl-
edge about ways to promote a globally essential and consensual goal of Integrated Coastal
Zone Management. Systematic comparative analysis can provide a rare opportunity to observe
one’s own laws from an external perspective. A comparative perspective has the potential of
unleashing self-critical thinking and enabling reconsideration of laws and practices that have
been taken for granted.
Learning from others’ experiences is especially essential in land-related laws and practices
because these tend to be “home grown”. One of the ways of transcending this insularity is to
offer opportunities for cross-national learning (Alterman, 2001). Alterman’s own prior large-
scale comparative research on other topics related to planning law and to governance was also
based on the functional approach (Alterman, 1997, 2001, 2011). Alterman has demonstrated
that in the case of planning law and policy, identifcation of similar functions is possible, thus
enabling fruitful cross-national comparison and learning. For example, planning laws may
have similar specifc functions regardless of the legal families to which the jurisdictions belong.
The often-presumed cleavage among common law or civil law countries is hardly visible when
it comes down to specifc topics of planning law, as demonstrated in Alterman (2010) and
Alterman (forthcoming). In the current book’s set of countries, too, there are jurisdictions
ascribed to both legal families, and, once again, one can hardly discern any signifcant differ-
ences along these lines.
Alongside the merits of comparative analysis of planning and law, one should also be wary
of over-expectation. We agree with the criticism that comparative evaluation should shun the
notion of “best practices” (Peters, 1998). Because ICZM itself is composed of a set of recom-
mended concepts and practices, there is a temptation to harness comparative research to search
for best practices. However, in reality, there is probably no set of existing laws, regulations,
policies, or institutions that constitutes an optimal recipe for ICZM. Certainly, there is not any
model that could be transferred intact elsewhere. Each set of laws and policies for coastal man-
agement ultimately operates within a unique country context. Cross-national learning must
be fuzzy, contextual, and with a dose of scepticism. Indeed, land-related laws and policies are
especially resistant to direct transfer across jurisdictions. They are always part of a thick web
of legal, economic, sociocultural, and political factors that differ across space and cannot be
uprooted (see also Van Assche et al., 2020). In comparative legal research as presented here,
there should not be any expectation to “explain” why a specifc jurisdiction has a specifc set
of laws and regulations and, especially, how they are applied in practice.
In the following chapter we expound upon the ten parameters for comparison.
N ote s
1. For a list of international agreements, see https://en.wikipedia.org/wiki/List_of_international_
environmental_agreements. (We link to Wikipedia because, unlike the UN offcial sites, it pre-
sents the international environmental agreements both by topic and by date.) There are also many
regional agreements.
2. See the proposed directive at https://ec.europa.eu/environment/iczm/pdf/Proposal_en.pdf. Also see
discussion on the land–sea divide at https://ec.europa.eu/environment/iczm/practice.htm.
3. Strangely, we have not found any documented analysis of the signifcance of this story.
4. We were unable to fnd a ready-made set of data. We therefore used GIS (ArcGis by Esri, which sup-
ports population estimates) to extract the relevant fgures, thus: Country borders were identifed
using the National Geographic Map from ESRI. Polygons were created for inland areas. Coastlines
were manually isolated and a 10 km buffer applied (distance with linear units, end type round,
and planar method). The buffer edges were manually adjusted to obtain 10 km coastal strip area.
“Total population” and “Population within 10 km of the coast” were calculated using CIESIN
(2018) estimates for 2015. The study considers the points contained by the 10 km coastal strip
polygon, and the sum of their point information (table of contents feld “UN_2015”). For islands
catalogued as “small” or “very small” in the National Geographic Map, total area and population
were considered. The point density provided by CIESIN (2018) is similar across most countries
(usually corresponding to the smallest administrative/census units), with the exception of Turkey
and Israel, where points are sparser. However, given the study scale, the point density appears
to be adequate. Our thanks to Inês Calor and Mateus Magarotto for lending their time and GIS
expertise.
5. Had we been able to invest in a more sophisticated index, it would have taken into account the
projected population growth as well. Within such a perspective, Israel, for example, would have
bypassed Malta due to Israel’s much higher birth rate. According to the OECD (2020), in 2017, in
Israel the rate was 3.11 children/woman; in Malta, 1.26.
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2 The parameters for comparative
analysis and their expression
in supra-national legislation
Rachelle Alterman and Cygal Pellach
To guide the analysis and ensure consistency across the country chapters, we translated the
principles of ICZM into ten land-related parameters. These parameters also provide the back-
bone of the comparative analysis presented in Chapters 18–20. This chapter explains the
rationale for each parameter and the degree to which it is refected in either the Mediterranean
ICZM Protocol or the EU ICZM Recommendation (or both; refer to Chapter 1). The com-
parative analysis in the fnal chapters of the book refects back to these parameters and to the
relevant supra-national rules.
Te n p a r a m ete r s i n t wo s et s
The ten parameters are divided into two sets:
Land demarcation and property rights

A. Conception of the coastal zone
B. Shoreline defnition and delineation
C. Coastal public domain – extent and rules
D. Coastal setback zone – extent and permitted uses
E. Right of public access – to and along the coast
Institutions and governance

F. Land use planning – institutional aspects and dedicated instruments
G. Climate change – awareness and regulatory actions
H. Public participation and access to justice
I. Integration and coordination
J. Compliance and enforcement
In addition to these ten parameters, we also asked the authors to look at relevant fscal issues
related to any of them. In most country reports, there is a separate section for this aspect, but
in doing the comparative analysis, we recognized that fscal aspects are dispersed along various
parameters. Thus, in the comparative analysis, we incorporated the fscal aspects within the
relevant parameters.
The two sets of parameters probably differ in terms of their legal import vis-à-vis the
two supra-national documents. The frst set of parameters pertains to concrete land use
Parameters for comparative analysis 15
limitations and clear legal distinctions about landownership and right of public access over
land. If these rules are addressed in binding supra-national law, the degree of conformance
could be determined, perhaps even be measurable. Thus, if the issue of compliance with
international law were to be raised in legal procedures in one of the signatory countries,
the court would likely be able to issue a judgement. Further, such a determination in one
jurisdiction could, in principle, be of relevance in other jurisdictions (once adjusted to the
local context).
By contrast, the second set of parameters deals with the normative quality of governance.
There are no internationally shared criteria and standards to determine what constitutes min-
imally adequate levels of compliance. For example, what government actions are enough to
fulfl requirements for public participation? What levels of coordination and integration are of
adequate standard? What is good planning? When it comes to the parameters of the second set,
we conjecture that, if ever brought before the courts, they will be regarded similarly to “soft
law” – non-binding recommendations. Regarding this set of parameters, there will not be
much legal difference between the Protocol and the EU recommendations.
In the following sections, we introduce each parameter and its rationale. We then look at
what the two supra-national documents say on the topic. As we proceed, we also provide some
“appetizers” for the comparative fndings.
Pa r a m ete r A : C o n c e pt i o n o f t h e c o a s t a l zo n e
What is the coastal zone? Although this term is part of the ICZM acronym, it does not have
a universally agreed-upon defnition (Kay & Alder, 2005; Portman, 2016). The academic and
organizational literature presents a variety of approaches. Environmentalists perceive the
coastal zone as characterised entirely by natural phenomena and processes that distinguish
coastal zones from inland areas. One of many examples of this approach is the defnition
adopted by Davis and Fitzgerald (2004). They defne the coastal zone as “… any part of the
land that is infuenced by some marine condition, such as tides, winds, biota or salinity”
(p. 2). If translated into land-management policies, this description would cover an area of land
where the boundaries change constantly, along with the forces of nature. In this book, we call
this family of defnitions “nature-led”.
By contrast, the European Environment Agency (2006) uses a defnition based on pre-
determined physical distances: “The terrestrial portion of the coastal zone is defned by an
area extending 10 km landwards from the coastline” (p. 11). The Agency distinguishes between
“the immediate coastal strip (up to 1 km)” and “the coastal hinterland (coastal zone between
1- and 10-kilometre line)” (p. 11). Obviously, 10 km is not a nature-based criterion. Depending
on the coastal biophysical system, 10 km could be a relatively good ft with land infuenced by
the sea (as in Davis and Fitzgerald’s defnition above), or the quantum could be very much
“off nature”. This defnition was probably adopted by the EU as a convenient compromise
guideline for implementing policies across the many EU member countries. We will call this
type of defnitions “implementation-led”.
The Mediterranean ICZM Protocol does not offer a basic defnition of what constitutes a
coastal zone. It thus indicates that a formal defnition is not a necessary condition for com-
pliance with the Protocol’s various rules and guidelines. Nevertheless, we were interested to
know how each of the sample countries conceives of its coastal zone. In some jurisdictions,
the way that the coastal zone is defned at the national level may determine the extent of land
that is affected by specifc coastal land regulations. We therefore asked the team of authors to
answer the following questions:
• Is the coastal zone defned at the national (or state) level?

• Is the defnition found in law or policy?
• What is the defnition?
The fndings show that most jurisdictions did adopt a formal defnition of the coastal zone,
with interesting variations and possible implications for further policy. Based on the evidence
from the ffteen countries, we classifed the defnitions along scales in two dimensions: From
nature-led to implementation-led and from general wording (open to interpretation) to specifc
wording.1
Pa r a m ete r B : S h o re l i n e d e f i n it i o n a n d d e l i n e at i o n
A legally based demarcation of the shoreline is usually an important benchmark for other laws
and regulations for coastal land management. For the purpose of this study, we adopt Oertel’s
(2005) understanding of the shoreline as the boundary between land and sea at the local scale.
The delimitation of the shoreline may have major implications on property rights and thus on
the ease or diffculty in implementing restrictions on development in the spirit of ICZM. For
example, the Mediterranean ICZM Protocol states that the parties:
Shall establish in coastal zones, as from the highest winter waterline, a zone where con-
struction is not allowed… (Article 8(2)(a)) (emphasis added)
This “highest winter waterline” is just one of several reference lines that may be used to defne
the shoreline. Our country chapter authors address these questions:
• Is the shoreline legally defned?

• What reference line is used for the delineation?
• Has the entire shoreline been demarcated in practice?
One might have thought that shoreline delineation is the most technical among our parame-
ters, requiring expert scientifc knowledge of the coastal environment and established meas-
urement techniques, without much room for contestation. And yet, the country reports show
that there is no cross-national consensus even on this parameter. While in many cases the legal
defnition of the shoreline is based entirely on an acknowledged hydrographic reference line
with established measurement techniques, in others the legal criterion is partially administra-
tive, and additional technical standards must be developed in order to apply it.
Pa r a m ete r C : C o a st a l p u b l i c d o m a i n – e x te nt a n d r u l e s
Public ownership of some (or all) of the coastal zone could be useful in controlling land use
and protecting the coastal environment. Public landownership in coastal zones has a long phil-
osophical and legal history – but non-uniform practice. In many jurisdictions, the legal history
is tied to the “public trust doctrine” (Takacs, 2008). The well-known version of this doctrine
was initially codifed by Emperor Justinian in the sixth-century Byzantine Empire, based on
Roman common law. The principle states:
By the law of nature, these things are common to mankind – the air, running water, the
sea, and consequently the shores of the sea (cited in Portman, 2016, p.3; see also Takacs,
2008, p. 711).
This ethos, with different nuances, is not exclusive to the Roman Law tradition and has been inde-
pendently developed in other parts of the world, including by Indigenous cultures (Ryan, 2020).
Assertion of public ownership is not just another land-management parameter. Since it
touches directly on real-property rights, this parameter is one of the most recalcitrant ones. It
is likely to cause a head-on clash between environmental and private interests. In some juris-
dictions, public landownership has existed in law and practice for generations. But in many
countries around the globe, private landownership or other types of individual tenure are the
reality along some of the coastal zones.
It may be signifcant that the legally binding Mediterranean ICZM Protocol refrains from
addressing public landownership directly, leaving it to an indirect, non-binding land-policy
recommendation –
… in order to ensure the sustainable management of public and private land of the coastal
zones, Parties may inter alia adopt mechanisms for the acquisition, cession, donation or
transfer of land to the public domain and institute easements on properties. (Article 20(2))
The European ICZM Recommendation (2002) does address public landownership directly.
It recommends that in developing ICZM strategies, Member States should consider concrete
action towards public ownership, including:
… land purchase mechanisms and declarations of public domain to ensure public access for
recreational purposes without prejudice to the protection of sensitive areas (Chapter IV(3)
(b)(ii))
Recall that almost all EU member states voted against adoption of a legally binding directive
on coastal land. Perhaps this type of clause was one of the deterrents.
Regarding the public land-ownership parameter, we pose these questions:
• Does the law require that a defned area of the coastal zone be in public ownership?
• If so, how is public land defned and how is it obtained (expropriation or other means)?
What legal and fscal issues have arisen, or may arise?
• What public body owns or manages this land?
• What are the rules for the use (or development) of coastal public land?
We learn from the country reports that practices in public landownership vary greatly. The
comparative analysis shows that in most jurisdictions, there have not been any major recent
attempts to change the existing ownership status from private to public. Generally, only what
was public, of whatever extent, remains public. In the two or three jurisdictions where private
land was converted to public domain in recent decades or is slated for conversion, the process
was, and still is, laden with conficts. The stories surrounding these attempts are fascinating
and may provide practical lessons for other countries.
Pa r a mete r D : C oa st a l set bac k zone – exte nt a nd pe r mit te d u se s

A coastal setback zone (as we defne it in this book) is a designated area within a (usually) pre-
defned distance from the shoreline, where land development is prohibited or highly restricted.
Setback zones should not be confused with public domain, since they may apply to privately
owned land. Establishing a setback zone (sometimes referred to as “buffer zone”; Sanò et al.,
2010) is seen as an important tool to protect and conserve the overall quality of the coastal
zone. Setback zones are intended not only to protect the environmental values of the coast by
pushing development activity further out but (depending on location) also to protect property
from damage due to erosion or fooding. As sea levels rise and exceptional storm events become
more frequent, setback zones should gain special importance as a land-management tool.
Coastal setback zones are used as a regulatory tool in many of the jurisdictions in our book
but with great differences in functional distances. Because setback zones are usually regulated
as a predetermined quantitative distance, they are ostensibly easy to compare cross-nationally.
As our comparative analysis in Chapter 19 will show, reality is more complex.
The drafting of Article 8.2 of the ICZM Protocol (about the setback zone) drew the most
intensive debate (Sanò et al., 2011). It is a mandatory rule for a minimum distance of 100 m
from the shoreline. The debate over the setback zone is not surprising because implementation
of this rule could lead to direct intervention in property rights. The setback rule is also an
especially prominent part of the Protocol because it is its only quantitative norm. The Protocol
specifes the reference line for the shoreline, from which the setback is calculated:
8.2. (a) [Parties] Shall establish in coastal zones, as from the highest winter waterline, a
zone where construction is not allowed. Taking into account, inter alia, the areas directly
and negatively affected by climate change and natural risks, this zone may not be less than
100 meters in width, subject to the provisions of subparagraph (b) below. Stricter national
measures determining this width shall continue to apply. (Article 8(2)(a)) (emphasis added)
The Protocol does, however, grant leeway for local conditions. Those who drafted the Protocol
were probably aware that on the Mediterranean, much of the coastal zone is already built up
(though with signifcant variations). They therefore allowed for discretionary exemptions, enu-
merated in the next Article:
8.2. (b) [The parties] May adapt, in a manner consistent with the objectives and principles
of this Protocol, the provisions mentioned above:
1 for projects of public interest;

2 in areas having particular geographical or other local constraints, especially related
to population density or social needs, where individual housing, urbanisation or
development are provided for by national legal instruments. (Article 8(2)(b))
A non-legal reading of this sub-article seems to say, “anything goes”. However, in international
law as adopted by the EU, the wording of these two paragraphs conveys a duty on the state to
take action to implement the minimum setback as a general rule. Article 8.2 (b) should be read
as allowing only justifable exceptions to the rule (Rochette & Billé, 2010). In any case, none
of our Mediterranean chapters report of any jurisprudence interpreting this Article (this topic
merits separate scrutiny).
On the setback topic, our questions are:
• Is a coastal setback zone required under national (or state) regulations?

• How is the coastal setback zone defned and measured in practice?
• What restrictions on development or special permissions apply to the zone?
• In cases where establishment of a setback zone required transition from a previously
permissive approach to more restrictions on development, what legal and fscal issues
have arisen? For example, are there compensation rights if unbuilt development rights
are abolished?
• Are any fscal instruments (taxes and levies) used as disincentive for development in
protected zones? Or the opposite: Are fscal tools used to incentivize development to
locate or relocate in the hinterland?
The setback distances on their own should not be compared with each other. They must be
analysed against the different reference lines used to defne the shoreline in each jurisdiction.
Furthermore, in some countries, there is more than one type of setback. With these qualifca-
tions, the variations among the setback distances are much greater than at frst sight.
An obvious question is whether, more than a decade after the ICZM Protocol came into
force, one can gauge its infuence on the eight Mediterranean countries in this book. We address
this question in our analysis in Chapter 19.
Pa r a m ete r E : R ight o f p u b l i c a c c e s s – to a n d a l o ng t h e c o a s t
Public accessibility to the coast is not just a matter of getting from place to place. The legal right
to access the coastal zone (physically or as open view) is a normative expression of the general
public’s relationship with the coast. The ability to access and enjoy the coast (in permitted loca-
tions) is one of the rationales for coastal zone management. In this book, we therefore discuss
the right of public access in greater detail than usual. We also address aspects of accessibility
that are rarely discussed in the context of regulatory aspects of coastal land management.
The European ICZM Recommendation (2002) indicates that a strategic approach to ICZM
should be based (in part) on:
adequate accessible land for the public, both for recreational purposes and aesthetic
reasons (Chapter I(f))
From the wording of this phrase, the reference is probably only to physical access along or to
the coast. The ICZM Protocol, too, includes freedom of access in its “criteria for sustainable
use of the coastal zone”:
“providing for freedom of access by the public to the sea and along the shore” (Article 3(d))
Here, the wording does distinguish between access to the sea (vertical accessibility) and along
the shore (horizontal accessibility). In this book, we take an even broader view of accessibility
and in addition to the usually mentioned two, we add three more:
1 Horizontal accessibility – Walking, playing, and swimming along the shoreline

2 Vertical accessibility – Reaching the shoreline
3 Accessibility for people with disabilities
4 Social justice in accessibility – For the poor and special sociocultural groups
5 Visual accessibility – Ability to view the coast from a distance
Questions of accessibility often relate directly to land rights and are therefore likely to be
addressed by any ICZM regulatory document. In some of the jurisdictions analysed in this
book, the conficts between the right of public access and land rights have reached the courts.
The questions we ask under this parameter include:
• Is there a legal right to horizontal access? What is the legal source (legislation and
regulatory plans)? What are the rules?
• Is there a legal right to vertical access? What is the legal source (legislation and regu-
latory plans)? What are the rules?
• Do accessibility rules apply to private land as well as public?
• Is accessibility for people with disabilities taken into account in law or practice?
• Are entrance fees charged in all/some beaches? Any other socio-economic barriers?
• Are there rules about visual accessibility?
• Is there signifcant jurisprudence about accessibility?
One might have thought that accessibly would be a relatively straightforward norm. The
accounts from the ffteen countries show how complex and often contentious is this norm
in practice. Introducing new rules for public access or implementing existing ones may be
diffcult. Due to this complexity, we do not attempt to rank the set of jurisdictions on a scale
refecting degree of accessibility.
Now we turn to the second set of fve parameters – those focused on institutions and govern-
ance (as related to land management). Both the ICZM Protocol and the EU Recommendations do
address these parameters. However, as noted, these parameters refer to rather broad norms that are
diffcult to adjudicate and, in our view, are likely to be regarded as “soft law” in both documents.
Pa r a m ete r F: L a n d u s e p l a n n i ng – i n s t it u t i o n a l a s p e c t s
a n d d e d i c ate d i n st r u m e nt s
Every ICZM program gives planning, in its broad sense, a front seat. Planning is seen as a key
vehicle for ICZM – as a primary integrative way of making decisions (Portman, 2016). Under
the parameters “public coastal land” and “coastal setback zones”, the contributing authors
discuss the special land use regulation relevant to those zones. Under the present parameter, we
address the broader institutional framework for land use planning. We wish to know whether
the coastal zone is seen as meriting special planning institutions or instruments for the promo-
tion of better ICZM.
The Mediterranean ICZM Protocol mentions “the process of planning” under the heading
of “Land Policy”. We thus assume that this refers to land use planning.
For the purpose of promoting integrated coastal zone management, reducing economic
pressures, maintaining open areas and allowing public access to the sea and along the
shore, Parties shall adopt appropriate land policy instruments and measures, including
the process of planning. (Article 20(1)) (emphasis added)
The wording “appropriate… process of planning” leaves much to local discretion. This is rea-
sonable indeed regarding urban and regional planning in general. But what is “appropriate”
under ICZM? What is an appropriate division of responsibility between the local and national
echelons? Indeed, as noted, there is no consensus among planners about what is “the process
of planning”. Planning theorists still contend over this very concept (Allmendinger, 2017). The
planning process is not a technical matter of following a sequence of steps; it is a sociopolitical
process often characterized by a tug-of-war over its very format. Coastal land, one would expect,
would be especially prone to conficts. Once the international ICZM Protocol becomes an active
legal norm in domestic (national) law, one would expect contestation about the meaning of an
“appropriate process of planning”. However, we do not know of any jurisprudence that has yet
confronted the need to decide what planning process comes up to the standard of “appropriate”.
Our questions to the authors are:
• Does your country have planning bodies dedicated to coastal planning?

• Is land beyond the setback zone subject to special planning regulations?
• Are there dedicated plans or other instruments for coastal areas?
Our questions within the scope of this book look only at the institutions and instruments
and not their outputs. Yet efforts to adjust the legal and institutional frameworks, especially
for coastal management, are, in themselves, steps towards ICZM. The comparative overall
fndings about this parameter are among the more encouraging. Several of the country reports
speak about concerted efforts to create dedicated planning institutions and special instruments
for the coastal zone. These may be contributing to more sustainable outcomes.
Pa r a mete r G : C lim ate c h a nge – awa re ne s s

a nd regul ator y ac t ion s
The effect of climate change on coastal zones, especially sea level rise, should be a crucial consid-
eration in coastal planning and land management (Peterson, 2019; OECD, 2019). The reasons
are well known: Coastal areas will be the frst affected in the case of sea level rise, which car-
ries with it increased rates of coastal erosion, damage to property, and major public or private
expenditures. Coastal areas are also vulnerable to fooding from extreme weather events, which
are expected to increase in frequency and magnitude as global temperatures rise. In some cases,
retreat from the shoreline may be necessary, either following damage or as a preventative measure.
Adaptation to the effects of climate change on coastal land is likely to lead to clashes with prop-
erty rights and investments. A preview of these is provided in a few of the country reports.
Both the EU ICZM Recommendation (2002) and the Mediterranean ICZM Protocol (2008)
refer to climate change and associated risks. The former indicates that a strategic approach to
ICZM should be based (in part) on:
recognition of the threat to coastal zones posed by climate change and of the dangers entailed
by the rise in sea level and the increasing frequency and violence of storms (Chapter I(b))
The ICZM Protocol addresses climate change in its Objectives section (Article 5):
(e) prevent and/or reduce the effects of natural hazards and in particular of climate change,
which can be induced by natural or human activities
The Protocol goes further and dedicates an entire Article (22) to natural hazards and climate change:
Within the framework of national strategies for integrated coastal zone management, the
Parties shall develop policies for the prevention of natural hazards. To this end, they shall
undertake vulnerability and hazard assessments of coastal zones and take prevention,
mitigation and adaptation measures to address the effects of natural disasters, in particu-
lar of climate change.
Not many jurisdictions have already taken on board land-management measures to adapt land and
development rights to climate change. Such measures may have to reinvent land rights and rethink
the social justice norms regarding who bears responsibility for property damage. A concrete climate
adaptation plan would need to reconsider public fnance in cases of unplanned or planned retreat –
such as compensation for massive damage – and re-evaluate the role of insurance companies.
In our research, we ask whether awareness of climate change in coastal zones has seeped
into legislation and formal policy. Under this parameter, we ask:
• Do the relevant laws/regulations address climate change on coastal land (or land that
includes the coast)?
• Are there specifc legal-regulatory tools, or only general statements about climate
change? If specifc tools, what are they?
• Specifcally: If existing buildings are threatened due to cliff erosion or sea rise, do
landowners have compensation rights? Rights to be paid for relocation? Have these
situations been encountered in practice?
• Are government bodies authorised to expropriate coastal property under major hazard
risk and to what extent do they exercise this in practice?
• Are insurance companies permitted to insure landowners for the full possible damages
due to natural hazards? Is this tool used extensively by landowners in practice?
In the comparative analysis in Chapter 20, we develop a rough ordinal scale of degrees of
regulatory specifcity regarding climate change challenges in coastal zones. On the highest
tier are several jurisdictions where climate change is addressed with more targeted legislation
or regulations than in the others. On the positive side, the fndings show some momentum in
acknowledging that climate change should be a policy consideration in coastal zones. However,
most jurisdictions – even on the highest tier – probably still fall short of the necessary adaption
measures for coastal land. Our comparative fndings contribute a new perspective for future
discussion and research about policies for climate change in coastal zones.
Pa r a m ete r H : Pu b l i c p a r t i c i p at i o n a n d a c c e s s to j u s t i c e
Almost every defnition of integrated coastal zone management mentions public participation
as an essential ingredient (see also Areizaga et al., 2012). The authors of these defnitions –
whether legislative, academic, or government policy – seem to assume that, on balance, the
participation process will be supportive of coastal zone protection. However, participation is a
general and rather elusive concept and is itself part of the sociopolitical context in each case, as
Arnstein (1969) taught us long ago (see also Alterman, 1982; Fung, 2006; Stringer et al., 2006).
Participation is addressed both by the European ICZM Recommendation (2002) and the
Mediterranean ICZM Protocol (2008). The former does not devote much space to participa-
tion. However, by referring to promoting “bottom up initiatives”, the Recommendation does
imply a broader conception of participation than just reaction to government’s proposed policy:
… identify measures to promote bottom-up initiatives and public participation in inte-

grated management of the coastal zone and its resources (Chapter IV(3)(d))
The ICZM Protocol’s Article 14 addresses participation in a more detailed way (see Box 2.1).
The Article lists stakeholders who should be involved in participation processes and does not
Box 2.1
Article 14 of the ICZM Protocol

ICZM Protocol Article 14
1. With a view to ensuring effcient governance throughout the process of the inte-
grated management of coastal zones, the Parties shall take the necessary measures to
ensure the appropriate involvement in the phases of the formulation and implemen-
tation of coastal and marine strategies, plans and programmes or projects, as well
as the issuing of the various authorizations, of the various stakeholders, including:
– the territorial communities and public entities concerned;
– economic operators;
– non-governmental organizations;
– social actors;
– the public concerned.
Such participation shall involve inter alia consultative bodies, inquiries or public
hearings, and may extend to partnerships.
2. With a view to ensuring such participation, the Parties shall provide information in
an adequate, timely and effective manner.
3. Mediation or conciliation procedures and a right of administrative or legal recourse
should be available to any stakeholder…”
leave out economic development interests. It also specifes that participation requires that
information be provided in an “adequate, timely and effective manner” and sets out that the
public should be able to challenge “decisions, acts or omissions” relating to the coastal zone.
It is noteworthy that EU member countries in this book – eleven out of the ffteen – are sig-
natories to the Aarhus Convention on Access to Information, Public Participation in Decision-
Making and Access to Justice in Environmental Matters (UNECE, 1998). This Convention,
signed by most European countries in 1998, refers to a set of “rights” of the public with regard
to environmental decision-making (which includes land use planning). Topics covered are the
right to receive environmental information through open access; the right to participate in
decision-making; and the right to review and challenge public decisions.
Our contributing authors report about how participation is expressed in national (some-
times regional) laws and regulations pertaining to land use planning in coastal zones. The
questions posed under this parameter are:
• What are the policies/regulations/practice for public participation in planning?

• Are there special policies or practices for coastal zones?
• Do you have critical thoughts about the process or its effectiveness?
• How broadly defned is access to tribunals and courts?
• To what extent are NGOs involved in coastal issues and in action before the courts?
• How publicly accessible is information on coastal issues, planning, and regulation?
The fndings concerning this parameter are not amenable to systematic cross-national com-
parison. Public participation is deeply grounded in local modes of governance. However, the
country reports provide important contextualized information on participation. Of special
interest are the NGO initiatives that have achieved major impacts and the different degrees of
involvement of courts in promoting better ICZM.
Pa r a m ete r I : I nteg r at i o n a n d co o rd i n at i o n
Integration and coordination are part of the conceptual core of ICZM. A high level of sub-
stantive integration – or comprehensiveness – would see linked policies across a wide range
of subjects and disciplines – environmental, economic, and social. Of special importance is
integration across the land–sea divide (Portman, 2016, pp. 61–69). A high level of coordina-
tion would see institutions working in tandem towards management goals, both horizontally
(within a parallel level of government) and vertically (between the national, regional, and local
levels).
Both supra-national ICZM documents address integration and coordination, though often
without distinguishing between the two. The EU Recommendation on ICZM (2002) indicates
that Member States should develop ICZM strategies which:
… identify the roles of the different administrative actors within the country or region
whose competence includes activities or resources related to the coastal zone, as well as
mechanisms for their coordination. This identifcation of roles should allow an adequate
control, and an appropriate strategy and consistency of actions (Chapter IV(3)(a))
Box 2.2
Article 7 of the ICZM Protocol

ICZM Protocol Article 7 Coordination
1. For the purposes of integrated coastal zone management, the Parties shall:
a. ensure institutional coordination, where necessary through appropriate bodies
or mechanisms, in order to avoid sectoral approaches and facilitate comprehen-
sive approaches;
b. organize appropriate coordination between the various authorities competent
for both the marine and the land parts of coastal zones in the different adminis-
trative services, at the national, regional and local levels;
c. organize close coordination between national authorities and regional and local
bodies in the feld of coastal strategies, plans and programmes and in relation to
the various authorizations for activities that may be achieved through joint con-
sultative bodies or joint decision-making procedures.
2. Competent national, regional and local coastal zone authorities shall, insofar as
practicable, work together to strengthen the coherence and effectiveness of the
coastal strategies, plans and programmes established.
The ICZM Protocol places even more attention on integration and coordination. First, under
General Principles of Coastal Zone Management, the Protocol states:
Cross-sectorally [sic] organized institutional coordination of the various administrative

services and regional and local authorities competent2 in coastal zones shall be required.
(Article 6(e)) (emphasis added)
The language here already conveys an obligation. In addition, the Protocol dedicates an entire
article (Article 7) to promoting coordination (Box 2.2).
A legal obligation to coordinate cannot do much more than to signify a general direction.
There are no “recipe books” for achieving good coordination and integration across existing
legal-institutional contexts. Instead of attempting to evaluate the degree to which coordination
is achieved, our contributing authors report on institutions with special coordinative roles and
on visible instruments to improve coordination. The questions we pose are:
• What are the bodies responsible for coastal management and what is the distribution
of authority among them?
• What are the mechanisms, if any, for vertical integration and coordination across
national, regional, and local scales? Have new ones been added?
• What are the mechanisms, if any, of horizontal (inter-sectoral) integration and coordi-
nation? Have new ones been added?
The struggles to reduce institutional fragmentation are apparent in several of the country
chapters. We do observe positive momentum in the direction of improved coordination in the
spirit of ICZM. New, dedicated institutions for vertical or horizontal coastal coordination are
established in some jurisdictions. However, each jurisdiction has its unique institutional struc-
ture, and no shared model has emerged.
Pa r a m ete r J : C o m p l i a n c e a n d e n fo rc e m e nt
The last parameter is, in our view, very important, yet it has been almost neglected to date.
It is often mentioned only in passing in conjunction with implementation, but these issues
have never, to our knowledge, been addressed comparatively in the context of ICZM. 3 Having
wonderful laws, regulations, and plans as part of ICZM is not enough. Even a good record
of coordination among agencies will not be suffcient. The “bottom line” of laws and regu-
lations is compliance by the general public. There are usually administrative units dedicated
to enforcement, but they are often short of resources and with limited legal powers (Calor &
Alterman, 2017).
Compliance and enforcement are not mentioned in either the EU ICZM Recommendation
(2002) or the Mediterranean ICZM Protocol (2008). This omission refects insuffcient aware-
ness of the special characteristics of some coastal zones: A unique intersection of very high real
estate values with older, established neighbourhoods or settlements that are home to relatively
low-income populations. As such, we view this parameter as an important indicator of ICZM
implementation.
Under this parameter, we ask each contributing author to address:
• What is the extent of noncompliance in the coastal zone (and its various subzones –
public domain and setback zone)?
• How are coastal planning rules enforced?
• How effective are the enforcement measures? To what extent are they used?
• Is demolition an available tool? Is it used in practice?
• Who is in charge of enforcement?
The comparative analysis of the compliance and enforcement parameter turned out to be very
interesting. We were able to classify the ffteen countries along a rough scale. The insights gained
should help to invigorate this neglected topic.
Fi s c a l a s p e c t s o f co a st a l zo n e m a n age m e nt
There is an additional topic for analysis – fscal issues, often interlinked with legal issues.
This topic is a world in its own and merits a focused comparative research project of its own.
We nevertheless went ahead and incorporated some key fscal policy issues into the relevant
parameters.
The fscal dimension is important because regulation of property rights and development
may involve major loss (or indeed, gain) in economic property values. In coastal zones, some of
these values may be very high. Each country is likely to have different approaches and instru-
ments regarding the land value and public fnance aspects of regulation. Expropriation of real
property likely involves compensation, but conceptions and calculations of compensation rights
differ across jurisdictions. Different countries may or may not have compensation rights for
landowners in case of “regulatory takings” (reducing or abolishing development rights while
leaving the land in private hands; Alterman, 2010). There may be public policies regarding
insurance schemes for natural hazards; there may be different policies about fees and charges
for use or development on coastal land; and there are also fscal policies related to enforcement
against illegal use or development.
Several authors point out the role of fscal issues regarding capacity to implement land man-
agement for ICZM. Where relevant, we incorporated their insights in the relevant parameters.
A p rev i ew o f t h e co m p a r at i ve a n a l y s i s
The picture that emerges from reading the ffteen country reports shows less convergence than
one would have expected decades after the notion of integrated coastal zone management was
introduced in 1972. The evidence shuns any “explanations” of shared or differing approaches.
Our comparative analysis (Chapters 18–20) shows that some countries located in different
parts of the world and with different legal traditions nevertheless share some similar laws
or regulations, while countries with similar legal or cultural traditions show very different
approaches.
The ffteen country reports and the comparative chapters will show that no country is an
optimal achiever along all parameters. At the same time, several countries do stand out as
better achievers along some of the parameters (among those that have a normative direction).
However, it is diffcult to say which parameters of ICZM are more important and to determine
the trade-offs among them. Methodologically, overall comparative evaluation is untenable
because the contexts are very different.
When ICZM meets land, it meets different terrains, both literally and fguratively. Some
countries face high density and development pressures along their coasts; others have ample
space and not much pressure. Some countries have a long tradition of excellent governance, as
indicated by the various international rankings. These contextual factors should be taken into
account when reading the ffteen country reports and the three comparative chapters.
N ote s
1. A similar classifcation along the frst dimension only is proposed by Kay and Alder (2005, pp. 3–6).
2. “Euro-English” meaning “with authority over”.
3. This is true also for environmental regulation in general. See, for example, the UN report by
Kumar et al. (2019). While enforcement or compliance are mentioned many times in passing, there
is no direct focus on this major issue.
R e fe re n c e s
Allmendinger, P. (2017). Planning Theory (3rd ed.). Palgrave.
Alterman, R. (1982). Planning for public participation: The design of implementable strategies. Environment
and Planning B: Planning and Design 9(3), 295–313.
Alterman, R. (2010). Takings International: A Comparative Perspective on Land Use Regulations and
Compensation Rights. American Bar Association.
Areizaga, J., Sanò, M., Medina, R., & Juanes, J. (2012). Improving public engagement in ICZM: A practi-
cal approach. Journal of Environmental Management 109, 123–135.
Arnstein, S. R. (1969). A ladder of citizen participation. Journal of the American Institute of planners
35(4), 216–224.
Calor, I., & Alterman, R. (2017). When enforcement fails: Comparative analysis of the legal and planning
responses to non-compliant development in two advanced-economy countries. International Journal of
Law in the Built Environment 9(3), 207–239.
Davis, R. A., Jr., & Fitzgerald, D. M. (2004). Beaches and Coasts. Blackwell Science Ltd.
Fung, A. (2006). Varieties of participation in complex governance. Public Administration Review 66,
66–75.
Kay, R., & Alder, J. (2005). Coastal Planning and Management. Taylor and Francis.
Kumar, S., Ugirashebuja, E., Carnwath, L., Tamminen, T., & Boyd, D. (2019). Environmental Rule of Law:
First Global Report. UN Environment Programme.
OECD. (2019). Responding to Rising Seas: OECD Country Approaches to Tackling Coastal Risks. OECD
Publishing. doi: 10.1787/9789264312487-en
Oertel, G. F. (2005). Coasts, coastlines, shores, and shorelines. In Encyclopedia of Coastal Science, pp.
323–327.
Peterson, J. (2019). A New Coast: Strategies for Responding to Devastating Storms and Rising Seas. Island
Press.
Portman, M. E. (2016). Environmental Planning for Oceans and Coasts. Springer.
Rochette, J., & Billé, R. (2010). Analysis of the Mediterranean ICZM Protocol: At the crossroads between
the rationality of provisions and the logic of negotiations. Institute for Sustainable Development and
International Relations (IDDRI), SciencePo. Available at: http://www.cirspe.it/gizc/Pubblicazioni/
Pubblicazioni%202/4-%20ICZM_Med_IDDRI.pdf
Ryan, E. (2020). A Short History of the Public Trust Doctrine and its Intersection with Private Water Law.
Virginia Environmental Law Journal 39.
Sanò, M., Jiménez, J. A., Medina, R., Stanica, A., Sanchez-Arcilla, A., & Trumbic, I. (2011). The role of
coastal setbacks in the context of coastal erosion and climate change. Ocean & Coastal Management
54(12), 943–950.
Sanò, M., Marchand, M., & Medina, R. (2010). Coastal setbacks for the Mediterranean: A challenge for
ICZM. Journal of Coastal Conservation 14 (4), 295–301.
Stringer, L. C., Dougill, A. J., Fraser, E., Hubacek, K., Prell, C., & Reed, M. S. (2006). Unpacking “partici-
pation” in the adaptive management of social–ecological systems: A critical review. Ecology and Society
11(2), Article 39. Available at: http://www.ecologyandsociety.org/vol11/iss2/art39/
Takacs, D. (2008). The public trust doctrine, environmental human rights, and the future of private prop-
erty. NYU Environmental Law Journal 16, 711–765.
I n t e rna t i o na l la w a nd p o l ic y ( l i s t e d c h ro n o l ogica l l y)
UNECE (United Nations Economic Commission for Europe) (1998). Convention on Access to Information,
Public Participation in Decision-Making and Access to Justice in Environmental Matters, Aarhus,
Denmark, 25 June 1998. Available at: https://www.unece.org/fleadmin/DAM/env/pp/documents/
cep43e.pdf
European Parliament (2002). Recommendation of the European Parliament and of the Council of 30
May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe. Offcial
Journal L148, 06/06/2002 pp. 0024 – 0027. Available at: https://eur-lex.europa.eu/legal-content/EN/
TXT/?uri=CELEX%3A32002H0413
UNEP (United Nations Environment Programme), MAP (Mediterranean Action Plan), PAP (Priority
Actions Programme) (2008). Protocol on Integrated Coastal Zone Management in the Mediterranean.
Split, Priority Actions Programme. Available at: http://iczmplatform.org//storage/documents/sewmrX-
IR9gTwfvBgjJ4SAjhvqsLrBF6qB0B89xK8.pdf
Part II
Country reports
Group 1: European Countries – Non-Mediterranean
3 United Kingdom
Linda McElduff and Heather Ritchie
O ve r v i ew
As an island nation, the UK has a close relationship to the coast and has made several efforts to
secure a more sustainable and holistic approach to the management of the coastal zone, given
the inevitability of future change. Yet coastal management approaches continue to be charac-
terised by fragmentation across the devolved administrations and over different spatial scales;
short-term planning; insecure funding; and partial policy implementation. At this juncture,
we are experiencing an evolving policy landscape of the UK at all levels, including local gov-
ernment reforms, the introduction of the marine planning agenda at the national and regional
level, and the UK’s exit from the European Union. The convergence of these events means that
coastal initiatives and partnerships are competing with other emerging forms of regulation for
funding, time, and recognition. This is an opportune time to refect on current practice, iden-
tify potential issues for future practice, and draw lessons from elsewhere.
I nt ro d u c t i o n to t h e U K co a st a l zo n e
As an island nation, the United Kingdom (UK) has a close affliation with the coast. According
to European Commission statistics in the UK Climate Change Risk Assessment (CCRA) 2017,
over one-third of the UK population resides within 5 km of the coast (defned as mean high-
water level), which rises to two-third within 15 km. The UK has a long history of responding
to coastal issues, and coastal management in the form of coastal defences has existed since
Roman times. More concerted efforts relating to coastal management came to the fore in the
1960s and 1970s due to increasing concerns with protecting the ‘undeveloped’ coast and to
growing developmental pressures emerging from certain offshore activities (particularly North
Sea oil and gas in Scotland). Traditional governance arrangements for planning and manag-
ing the coastal zone were characterised by an extension of land-based policies and controls,
a plethora of sector-based policies and initiatives, and a complex mix of ownership, prop-
erty rights, rules, and regulations (Lloyd and Peel, 2004). The marine-coastal zone remains a
complex system of rights and responsibilities, and the effectiveness of established institutional
arrangements and policies for coastal governance has become increasingly questioned within
the sustainability paradigm.
Governance arrangements across the UK are in a period of fux. First, in terms of the ter-
restrial land use planning system(s), a range of legislative changes, planning reforms, and
a move towards policy consolidation in recent years have affected how social, economic,
32 Linda McElduff and Heather Ritchie
and environmental issues are addressed. From a coastal management perspective, these changes
have the potential to provide for more sustainable, long-term solutions to the challenges
facing coastal areas, but their impact largely remains to be seen. Second, the emergence and
growth of the marine planning agenda in the UK, as elsewhere, provides, on the one hand,
opportunities to reinvigorate attention, debates, and momentum around coastal planning
and management. On the other hand, there are challenges in terms of fnding an estab-
lished role for ICZM within the marine governance architecture. Third, the consequences
of the UK’s impeding exit from the European Union (‘Brexit’) are unclear. The UK will
need to decide how to proceed and how this situation will affect the legislative context and
the capacity to sustainably manage the UK’s coastal marine environment in a future out-
side of Europe (Boyes and Elliott, 2018). Such evolving policy landscapes have affected the
approach to, attitude to, and momentum towards coastal zone management. Greater levels
of collaboration, cooperation, and coherence across spatial scales and across marine and
terrestrial planning are required.
This chapter explores the current legislative and administrative frameworks for coastal man-
agement across the devolved administrations of the UK. In particular, we highlight instances
of policy convergence and divergence across the administrations, and the shifting roles and
responsibilities of the various actors involved. In light of the aforementioned changes, this is an
opportune time to refect on current practice, identify potential issues for future practice, and
draw lessons from elsewhere to identify how a more holistic approach to coastal zone manage-
ment in the UK might be secured.
T h e U K co a s t i n co n t e x t
Whilst the UK has a relatively small landmass (the furthest place from the coast is approx-
imately 117 km inland; Zsamboky et al., 2011), it has one of Europe’s longest coastlines,
at 12,429 km (World Factbook, n.d.). This coastline is extremely varied from hard to soft
cliffs, sand and shingle beaches, salt marsh, dunes, and machair, as well as approximately
1,000 islands, of which 291 are inhabited. Much of the coastline is of international or national
ecological and cultural signifcance and contains important resources that provide economic,
recreational, aesthetic, and conservation benefts for the whole country. Specifc coastal uses
include agriculture, aquaculture, mariculture, industry, recreation and tourism, commercial
harbours, and military ranges, as well as power generation, waste disposal, and aggregate
mining and extraction. These various uses and associated users have shaped the socioeconomic
makeup of coastal communities, with some being economically reliant on marine and coastal
resources. This dependency has consequent implications for their effective planning, manage-
ment, and regeneration.
Coastal communities across the UK have experienced cycles of growth and decline (McElduff
et. al, 2013) variously driven by factors such as economic instability (e.g. decline of traditional
coastal industries and reliance on tourism), social change (e.g. transient populations and age-
ing demographic), shifting environmental parameters (e.g. increased storm intensity and ero-
sion), and evolving governance structures and priorities (e.g. local government reform and
the rise of ‘Blue Growth’). The last decade witnessed an awakening to the specifc challenges
and opportunities facing coastal communities in the UK. The UK House of Commons 2006
Select Committee report on Coastal Towns, for example, helped to generate greater political
awareness of coastal issues and attract increasing policy and academic interest at the national,
regional, and local scales. Nevertheless, there remains a knowledge gap pertaining to effective
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mind. By way of Greece also, as well as through independent
channels, Oriental magic found its way to Rome, where the wisdom
of the Egyptians was held in as high regard as in Greece itself. By
the time of Marius, when the Romans had come into direct relations
with the East, Chaldeans, sacrificers and interpreters of the Sibylline
books positively swarmed in the city, while the use of love-philtres
and waxen images was become among the commonplaces of every-
day life.
How early Diana, whose close connection with the moon places her
on a par with Hecate, came to be regarded as queen of the witches
may be doubted; later Italian legends and customs are unanimous in
according her that questionable honour. That must at least be a late
conception which regards her as a constant visitor to the Witches'
Sabbath, along with her daughter Herodias! Many such legends are
still current in Tuscany, where, in common with other parts of Italy
and Europe, Diana was worshipped long after Christianity was
nominally supreme. The Italian "strege" are the direct descendants
of the Latin "striges," who took their name from a bird of ill-omen that
flies by night, the screech-owl, and witchcraft is still known to its
votaries as "la vecchia religione," while actual belief in the old gods
still survives in one form or other in many parts of the Peninsula.
It may here be noted that Herodias' father is sometimes said to have
been no other than Lucifer. She also appears under the name of
Aradia. Diana sends her to sojourn for a time on earth:—
Thou must go to earth below

To be a teacher unto women and men
Who would fain study witchcraft.
And thou shalt be the first of witches,
And thou shalt teach the art of poisoning,
And thou shalt teach how to ruin the crops of a rich peasant.
How to be revenged upon a priest.
Double the harm and do it in the name of Diana,
Queen of Witches all.
And Aradia taught mortals:—

To bless or curse with power friends or foes,
To converse with spirits,
To find hidden treasure in ancient ruins,
To conjure the spirits of priests who died leaving treasure,
To understand the voice of the wind,
To change water into wine,
To divine with cards,
To show the secrets of the hand,
To cure diseases,
To make the ugly beautiful,
To tame wild beasts.
Little cakes of meal, salt, honey and water are still made in the
shape of Diana's horned moon, and are baked after an incantation to
the goddess.
There are, of course, earlier indications than these of Diana's
patronage of witchcraft. Thus Horace, in his Ode to Canidia, written
in the first century B.C., puts these words into the mouth of Canidia,
the witch:—
Oh, night and Dian who with true

And friendly eyes my purpose view,
And guardian silence keep whilst I
My secret orgies safely ply,
Assist me now, now on my foes
With all your wrath celestial close.
In the same ode Horace details many witch-customs, which serve to

mirror the witch superstitions of the time:—
Canidia with dishevelled hair,

And short crisp vipers coiling there
Beside a fire of Colchos stands
And her attendant hags commands.
For her fire she makes use of fig-trees torn from dead men's
sepulchres, cypress, eggs rubbed over with the envenomed gore of
"filthy toads," screech-owl's plumes, evil herbs, and fleshless bones
snatched by a witch from the jaws of starving dogs. The smell from
such cookery must have been deadly enough in itself to kill any
number of victims, even though it does not altogether explain why
she bites her long, sharp, unpared thumb-nail while brewing her
deadly potion.
However universal in its appeal, love was by no means the only
disease for which witchcraft provided its remedy. According to Cato,
for example, dislocation of a joint could be cured by the utterance of
the following charm:—
Motas, danata, daries, dardaries, astataries.
To which Pliny adds that it must be used in conjunction with split

reeds, a prudent suggestion enough. From him also we may learn
particulars of other charms in common use. Love-philtres were
composed of wild parsnip or mandrake, while the external
application of asses' fat mixed with gander grease was a means of
making certainty more sure. Amateur gardeners with a taste for early
rising may be interested to know of a cure for the caterpillar pest:—A
woman (presumably the gardener's wife) is to walk at a particular
season round the tree affected before sunrise, ungirt and barefoot.
And so on, a remedy being provided for all the ills that flesh is heir
to.
The Emperors held widely divergent views on the matter of
witchcraft. Augustus, realising its hold upon the popular imagination,
collected the verses of the sibyls from Samos, Troy, Africa, and
elsewhere, and ordered them to be submitted to the prefects of the
city, there to be judged and reported on by fifteen very learned men.
During the latter days of Pagan Rome there was a marked revival of
witchcraft, Marcus Aurelius and Julian setting the example by their
patronage. The earlier Christian Emperors revived the old laws
against it, but diverted them to attack the old religion. The secret
magic condemned by the Duumvirs was by them extended to cover
the whole system of paganism. Almost immediately after his
conversion Constantine decreed that any haruspex (diviner) entering
a citizen's house with the intention of celebrating his rites should be
burned alive, while the property of his employer should be
confiscated and his accuser rewarded. The Emperor showed that he
was in earnest by ordering the execution of one of his favourites for
having caused bad weather and prevented his corn-traffic with
Constantinople. It was, nevertheless, declared some two years later
that the Emperor had no desire to prohibit such magical rites as
cured disease or prevented bad weather. In the reign of his
successor, Constantius, any person accused of witchcraft was liable
to be put to torture. Proven sorcerers were ordered to be thrown to
wild beasts or crucified, while, if they persisted in denying their
offence, their flesh was to be torn from their bones with iron hooks.
This edict also differentiated between Black and White Magic; magic
charms being permitted as remedies for drought, disease, storms,
and the like.
Julian the Apostate, perhaps not unnaturally, regarded sorcery with a
more favourable eye, but later emperors showed themselves always
more inimical. Valentian added impious prayers and midnight
sacrifices to the list of things forbidden; under Theodosius every
detail of pagan worship was included under the heading of magic,
and as such rigorously forbidden. In the reign of Honorius, the
Sibylline verses collected by Augustus were suppressed. The Codex
Justinianus devotes a whole title to witchcraft.
The history of the Roman witch is thus prophetic of that of her
Christian successor. So long as she was subject to the civil power
alone she suffered little interference from the State, but as soon as
she aroused the jealous attention of the more orthodox interpreters
of the supernatural, her doom was sealed. We are apt to boast great
things of the increase of knowledge in our time, and to instance the
decay of superstition in evidence, but, were a sudden religious
revival to take place at all comparable to the birth-throes of early
Christianity or the Reformation, it is doubtful whether we should not
find a belief in the wicked prowess of the witch revive along with it,
and possibly our spiritual pastors and masters among the first to
attack it with temporal weapons. It is difficult to see how they could
logically refrain.
CHAPTER IX
FROM PAGANISM TO CHRISTIANITY
Seeing that it affects ourselves so considerably, we are in the habit
of proclaiming the introduction of Christianity as the greatest
revolution in history—a claim which will be more capable of
demonstration when a few more thousand years have passed, and a
few more religions have waxed and waned. At least, the mind of the
cultured "Christian" of to-day varies little in its outlook—save in so far
as it is affected by modern material discoveries—from that of the
cultured "Pagan" of Imperial Rome, much less, indeed, than do
either of them from the earnest Early Christian. The ovine tendency
of human nature makes it inevitable that a few sincere believers—
whatever their belief—will always attain a comet-like tail of followers,
hypnotised by their earnestness, and themselves understanding very
little about it. However it may have been with the small band of early
Christians—whose belief was given reality by their sufferings in its
cause—one may be sure that the ideas of the sixth century Christian
in the village street upon Heaven, Hell, and their denizens, differed
only in the change of a few names, and the addition of some
intolerance from those of his pagan ancestor six centuries before.
His spiritual advisers bade him worship the names of Christ, St.
John, and St. Peter, in place of Apollo, Mercury, or Mars, and he,
troubling his head about very little but his means of daily livelihood,
accepted the change without demur. Meanwhile his mind—such as it
was—worked along its old lines. As in all great religious movements,
we find no sudden or violent change—except, of course, in individual
cases—the older ideas were abandoned, in name, though only very
slowly, and the change from Diana to Christ, so far as it affected the
great bulk of worshippers, was mentally imperceptible.
There were many Christians before Christ, just as there were many
pagans after the death of Paganism. For centuries the new ideas,
afterwards called Christian, had been fermenting in the minds of
thoughtful pagans. The spirit of the age called for their crystallisation
in a leader and the call of the West again received its answer from
the East. But just as Naaman, a believer in the God of Israel, was yet
permitted to bow down in the house of Rimmon—or as the theory
and practice of modern Socialism are time after time directly contrary
—so, save for martyrs and enthusiasts—the Tolstoys of their age—
the general public accepted Christianity as filling up awkward gaps in
their earlier beliefs rather than as superseding them altogether.
Roman witchcraft—continually reinforced from the Orient—grew in
importance as faith in the greater gods decreased. Frowned upon by
the police, as being contrary to public order, it was thus liable to be
confounded with Christianity—which was forbidden on similar
grounds—both alike being practised in secret and penalised if
brought too prominently into public notice. Christianity, as being the
more aggressive, was more severely repressed—and was
accordingly destined to more success. And it was reserved for the
successful Christian to prove upon his former companions in
misfortune the utter uselessness of persecution. Just as we may
thank the pagan persecutor that we now live in the Christian era, so
the mediæval—and modern—witch owed much of her existence to
the persevering efforts of the early Christian towards the suppression
of witchcraft and the witch. It was natural—and indeed praiseworthy
—that the prominent features of paganism should be relegated to the
realms of darkness by the successors to the pagan empire—the god
of one religion inevitably becomes the devil of its supplanter. But
whereas it was easy enough to lump together satyr, faun, centaur
and siren, as varieties of demon, the witch was on a different footing.
She really existed, for one thing—in so far as that she was of flesh
and blood at any rate—and she exercised more personal functions
than any number of divinities. Everyone was ready to acclaim
reforms which did not interfere with his own comfort—and the witch
was a fireside necessity. She was family doctor, lawyer, and spiritual
director—and payer-off of your old scores to boot—a factor in your
life the loss of which could be compensated by no amount of religion.
Also she stood for tradition, "the good old times," the respectability of
unchanging conservatism. Christianity—novel and iconoclastic—
might make head among the inconstant townsfolk, always ready for
some new thing; the provinces, the village, the lonely farmhouse or
the fishing hamlet clung tenaciously to what had been good enough
for their grandfathers—as, indeed, they have been doing ever since.
Nevertheless, from the great cities the creed of Christ spread slowly
to the villages—suffering many modifications before it reached them.
Delivered straight from the lips of a Church father, Christian doctrine
might be rigid and direct enough. Passed from mouth to mouth,
ignorant, or understanding, they might reach the distant flock so
diluted as to have opportunity for compromise with time-honoured
precedent—and what more so than witchcraft. You might—if you
were an open-minded husbandman—conceive that you had been
mistaken in seeing fauns dancing where the sunlight glinted down
through tossing leaves, or in hearing the voices of nymphs in the
chattering of a brook; but a witch—whom you could see, touch, hear,
who had cured your toothache and revenged you on your dishonest
neighbour—she took a great deal of explaining away. Wicked she
might be, getting her power from unholy compact with the Evil One—
burn, slay, persecute her by all means—if it would please Heaven—
but to disbelieve in her altogether, that were asking too much of a
plain man. How, indeed, could you expect it of him when the very
Emperors proved by their edicts the openness of their minds. A
Marcus Aurelius not only studied magic, but persecuted Christians—
slaying, among others, the venerable Polycarp. An Augustus might
feel called upon to take police measures against witches; an Aurelian
rebuked the Senate for not consulting the Sibylline books when the
barbarians threatened the gates of Rome. "One might imagine," he
said, "that we were assembled in a Christian church, rather than in
the temple of all the gods." Where an Elagabalus renewed old
superstitions and introduced yet others, a Constantine executed his
favourite for seeking to influence the weather.
The personal predilections of the Emperors did but reflect the many
and involved influences at work during the first four centuries after
Christ. Apart from the enduring influx of Eastern practices and
superstitions, Neo-Platonism was responsible for the revival of belief
in the supernatural as apart from the divine. The Alexandrian school,
discarding the old systems of philosophy, converted its study into
that of magic. The barbarians, again, were everywhere astir. The
long warrings between Rome and the Germans culminated in the 9th
year of the new era when the German Herman by his great victory
over Varus brought about the eventual liberation of his country. In
259 A.D. the Emperor Gallienus married a barbarian princess and
before the close of the third century A.D. the Empire had become
largely "barbarised" by the Goths and Vandals who did it military
service, and who, incidentally, served to bolster up paganism and to
introduce new features into it. The Teutonic witch met her Roman
sister, and introduced her to darker, grimmer, and more vigorous
conceptions of her art. The dreadful pestilence which, in the third
century, ravaged the Empire gave a new popularity to the black arts,
and the Roman witch was never more sought after than in the years
preceding the last and most violent persecution of the Christians at
the hands of Diocletian.
Persecuted or petted, the witch was never able to progress in the
good opinion of the Christian, whose protest against her existence
was steady and constant whatever his own fate or condition. As
soon as the last of his own persecutors had laid aside the sword, he
at once seized it and set to harassing the witch with a deserving
vigour which has never altogether relaxed.
Whereas the pagan had chastised the witch with rods for injuring
man, the Christian set about her with scorpions as an enemy of God.
Nor was the exalted testimony of the Fathers lacking to inspire his
energies. Tertullian, in the second century, declared the world to be
over-run with evil spirits, including among them all heathen gods,
whether amiable or the reverse, from Hebe to Hecate. Origen, in his
third book on Job, mentions that enchantments are sometimes of the
devil. Saint Augustine, in "De Civitate Dei," has no doubt that
demons and evil spirits have connection with women. The earliest
ecclesiastical decree bearing on the subject is that of Ancyra, in 315
A.D., by which soothsayers are condemned to five years' penance.
In 525 the Council of Auxerre prohibited all resort to soothsayers.
Witchcraft, which thus took upon its shoulders all the enormities of
paganism, attained an importance it had never before possessed.
The plain man began to realise that his family witch was a more
important person than he had hitherto believed. If not herself of
semi-infernal birth, he had it on Saint Augustine's authority, as
aforesaid, that she was in all probability the mistress of a sylvan,
faun, or other variety of devil, and that her offspring were themselves
no less diabolical. Naturally enough they increased and multiplied,
so that between corporeal and spiritual devils the world was over-
populated. The Messalians, indeed, went so far as to make spitting a
religious exercise—in the hope of casting out the devils inhaled at
every breath; and the common superstition concerning sneezing has
the same origin. It might almost be said, indeed, that in those early
days devils filled, and to admiration, the part now played by the
microbe in every-day life.
It is to be feared that, except by those who seriously studied the
question, the existence of so many devils of one kind or another did
not cause such general uneasiness as the clergy might desire—very
much as now happens when the medical world is appalled by the
discovery of some new microbe in strawberry, telephone receiver, or
shirt-cuff. The plain man accepted them, and having after some
centuries discovered that they made little practical difference to his
life, ceased to feel more than a languid interest in even the most
appalling new varieties discovered by saintly specialists. Their
constant insistence upon the inherent wickedness of humanity and
the almost insuperable dangers which assail the Christian on all
sides lost something of their freshness in time, one may suppose,
and were succeeded by a certain weariness. Granted that
Christianity was the one sure road to salvation in the next world, it
was so difficult to follow without stumbling that few, if any, could hope
to arrive at the goal, save by some such lucky accident as a
martyrdom. Christianity was thus bound, in practice, if not in theory,
to come to some working agreement with the old, comfortable pagan
customs it had superseded. Certain of the more popular pagan
customs and festivals found their way into Christian observance,
certain popular deities were baptised and became Christian saints. A
familiar instance of this occurs in the case of Saint Walpurg. In
Christian hagiology she occurs as a virgin saint, and as having
accompanied Saint Boniface upon his missionary travels—all of
which would seem to show that pious scandal-mongering was less
rife in contemporary religious circles than is the case to-day. In folk-
lore we find many wells and springs associated with her and thus
acquiring valuable medicinal qualities. The oil exuded from her
bones upon Walpurgis-nacht was valued as relieving the pangs of
toothache and of childbirth. Potent in the cure of hydrophobia, the
dog is included among her pictorial attributes, while she is also
represented as bearing in her hand either oil or ears of corn—the
symbols of agricultural fertility. The festivals and rejoicings which
took place upon Walpurgis-nacht, with their special connection with
witchcraft, would further seem to show that Walpurg before she
became a Christian saint had a long history as a mother-goddess. In
the same manner in the cult of the Virgin may be found traces of that
worship of Diana which for 600 years persisted side by side with
Christianity, and is far from being altogether extinct in Italy even to-
day.
As may readily be understood, these paganising tendencies were
not favourably regarded by the fathers. In the year 600 A.D. St.
Eligius felt called upon to forbid dancing, capering, carols, and
diabolical songs upon the festival of Saint John. A statute of Saint
Boniface forbids choruses of laymen and maidens to sing and feast
in the churches. As the Church increased in power, many such
practices—as, for example, the dancing of women round sacred
trees and wells, with torches or candles in their hands, the common
meal, the choral song and sacrifice—were roundly forbidden as
witchcraft, the uprooting of which the Church at last felt capable of
taking seriously in hand. This was indeed become a matter almost of
life and death, for the Church found itself in many ways in acute
competition with the witch, the one attaining by lawful means similar
results to those achieved by the other through the assistance of
Satan. And just as Adam, upon learning that the apple was forbidden
to him, immediately hungered after it to the exclusion of all other
fare, so the public showed itself more eager to obtain the forbidden
services of the witch than those of the legitimate practitioner. So
much was this the case that the Church was sometimes forced to
resort to other means than persecution to show itself capable of
competing against the witch with her own weapons. Occasionally, it
must be confessed, these methods suggested rather the American
Trust magnate than the fair competitor, as, for instance, the case of
the Blocksberg. This hill was a place of considerable importance to
witches, providing a large choice of magical herbs as the raw
material for their trade in weather-charms. These could, however, be
gathered only upon the eve of Saint John and during the ringing of
the neighbouring church-bells. The ecclesiastical authorities,
becoming aware of this, gave orders that the bells should be rung
only for the shortest possible period on that date—a proceeding the
unfairness of which could only have been exceeded by not ringing
the bells at all.
Another story of the kind, quoted by Mr. Lecky, shows that, even in
fair and open competition, holy water could hold its own against the
most powerful of black magic. A certain Christian, Italicus by name,
was addicted to horse-racing at Gaza. One of his most dangerous
and constant competitors was a pagan Duumvir. This latter, being
versed in the black arts, therewith "doped" his horses so successfully
that he invariably won. Italicus, being prohibited from following his
example, at last appealed to Saint Hilarion, exhorting him to uphold
the honour of the Church by some signal display of supernatural
power. The saint, after some hesitation, complied, and presented
Italicus with a bowl of specially consecrated holy-water. At the start
of the next race Italicus liberally besprinkled his team, whereupon
they drew his chariot to the winning-post with supernatural rapidity.
The Duumvir's horses, on the other hand, faltered and staggered, as
though belaboured by an unseen hand—and, needless to say, lost
the race. Whether the Duumvir appealed to the contemporary
Jockey Club to disqualify the winning team, and, if so, with what
result, we are not informed.
Considering the vast and ever-increasing population of witches and
demons, it seemed an almost hopeless task to exterminate them
altogether. Nor indeed was it until after the thirteenth century that the
Church attempted the task on any universal scale. If an individual
witch was unlucky enough to fall into priestly hands, her fate was
likely to be unhappy—but in the early days of the faith the priest felt
himself capable of triumphing over her by less material weapons.
Only, as priests could not be everywhere, and the number of witches
so largely exceeded their own, means were provided whereby even
the layman might withstand them. Thus burning sulphur was very
efficacious in the driving out of devils, the subtlety (!) of its odour
having great power of purification. The gall of a black dog put in
perfume was another acknowledged recipe, as was the smearing of
his blood upon the walls of the infested house.
It is noteworthy, and a fact that vouches strongly for the sincerity of
the early Church, that although she thus practised what was nothing
less than sanctified witchcraft, she never attempted one of the most
frequent and popular of witch-practices—the foretelling of the future,
so far, at any rate, as this world was concerned. It is true that the
Christian's earthly future, being but an uncomfortable preliminary to
posthumous joys, might be more happily left unforetold. Yet many of
them did not altogether despise the pleasures of this life, and were
very willing to pay for an anticipatory glimpse of any likely to be
encountered.
Familiarity in some measure breeding contempt, the public in these
early days thus regarded neither witch nor dæmon with the dread
and hatred so manifest in the fifteenth century and onwards. For one
thing, faith in the power of the Church was more implicit. To dally
with the forbidden had all the fascination of a sport with a spice of
danger in it, when you knew that at any time a power vastly greater
than those of evil was ready to step in to protect you from the
consequences of your over-rashness. Before the name of a fairly
efficient saint the most powerful demon must bend his head,
especially with holy water anywhere in the neighbourhood. If you fell
under the power of a witch it could only be through neglecting to take
proper precautions or to employ someone else to do so for a
moderate fee. Our own Anglo-Saxon forefathers showed a very nice
spirit of prudence in such matters—as in the famous meeting
between Ethelbert King of Kent and Saint Augustine, held, by royal
command, in the open air, lest the missionary, being under a roof,
might practise unlawful arts upon the King. The witch, in a word, was
everywhere, but so were the necessary antidotes—some of them of
the simplest. Thus, in the story of Hereward we learn how the Wise
Woman of Brandon, near Ely, anathematised the hero from a
wooden scaffolding. To be really efficacious her curses must be
thrice repeated, but before she had time to do this the scaffold was
set on fire by Hereward's followers, and the Wise Woman perished
miserably. The witch, in fact, like her gossip the Devil, always comes
off second best in folk-lore where she is matched against the truly
virtuous—a comforting reflection for everybody, however ominous for
their friends.
She was still to some extent a shadowy personality, of shifting and
indefinite attributes. Although in 696 the Council of Berkhampstead
decreed that any person sacrificing to the Devil should be punished
—a clear enough reference to witches—it was not until some
centuries later that the conception of the witch definitely crystallised
into its modern form of a woman carrying out an actual compact with
Satan, working miracles by his power, and frequently transported
through the air to pay him homage at Sabbath gatherings. Until then
the Church may be said to have been obtaining and sifting evidence,
building up a formidable mass of precedent and tradition, to be
employed with deadly effect when witchcraft was definitely branded
as heresy.
Whether or no the sins of witch and sorcerer be definitely codified, it
is the duty of the law-giver to provide for all contingencies; and just
as Justinian devoted part of his code to dealing with witchcraft, so
Charlemagne, two centuries and a half later, enacted new and
stringent laws for the abatement of sorcery—as in the Capitular of
789, wherein supernatural meteorology is forbidden. More direct,
though perhaps less efficacious, were such deterrent methods as
those of the pious Bishop Barbatus, who in the seventh century cut
down and uprooted a certain nut-tree famous as a meeting place for
witches. It may here be noted that trees were at all times much
favoured by the evil sisterhood, more especially as meteorological
offices. Numerous witch-oaks throughout Germany served for this
purpose—one, at Buckenhofen, was used as a swing by witches
attending the Walpurgis-nacht. It is something of a paradox that
while a grove of oaks—the sacred tree of the Teutons, as is the
linden of the Slavs—is a protection against magic, particular trees
should be famous as gathering-points for witches.
As the year 1000 approached, the generally optimistic outlook upon
things in general suffered a decline. Famine and pestilence grew
always more commonplace; the price of corn increased
unprecedentedly; starvation became the normal condition of millions
throughout Europe; cases occurred in which children were killed and
devoured by their famished parents; dead bodies were disinterred
and used for food. Old prophecies had placed the end of the world in
the year 1000, and to the miseries of hunger and disease were
added those of universal terror. The forward movement in the
Church seemed to have died away, and Christian fervour gave place
to increased insistence on forms and ceremonies, regarded by the
commonalty as tiresome, if necessary, duties. Small wonder that
they sought for something which, instead of the hopeless
contemplation of inherent sin, should provide some ray of present
comfort. Here was the opportunity of the witch, the sorcerer, and the
alchemist—and here also began the bitterest contest between
priesthood and witchcraft. Hitherto the Church had been able to
regard such rivals, if not with tolerance, at least with contempt. Now
it had to fight against weapons forged in its own furnaces, appealing
to that abysmal ignorance ordained by the priest upon his flock. If the
monopoly in knowledge be power, its application is double-edged;
the Church was forced to seek some new means of inspiring the fear
of celestial wrath to come into those who could imagine no
circumstances more dreadful than what they already daily endured.
The time had come to prove that those who tampered with the
forbidden must expect a double share of punishment—in this world
as well as the next—and that the earthly penalty was quite as much
to be dreaded as the best infernal efforts.
In 1025, Burckhard of Worms inserts the significant question in the
confessional:—"Have you believed that there are women who can
turn love into hate and hatred into love, or who can harm their
neighbours and seize their goods for themselves? Have you
believed that godless women blinded by the Devil ride abroad at
night with the demon Holda, obeying her as goddess?" Followed in
due course Ethelred's decree of banishment against witches,
soothsayers, and magicians, and that of Canute, which included
love-witchcraft as a branch of heathendom.
Though the anathemas of the Church might for a time stem the
increasing tide of witch-popularity, they were fundamentally only
incentives towards a cult which did not include anathemas or
persecution—except, indeed, those within the control of the
humblest individual. In the twelfth century, moreover—the century of
the Crusaders—many new influences were at work. To counteract
the general lethargy into which the Church was sinking, the Popes
availed themselves of their knowledge of human nature. Epidemical
frenzy was aroused by remission of penance, absolution of all sins,
past, present, and to come, and the assurance of eternal felicity for
all who took the cross. Sham miracles and prophecies stimulated the
popular enthusiasm, and more potent than either was the knowledge
among millions that any change they might experience must be for
the better. But however promising at the time, the great "revival" was
fraught with danger to the Church that provoked it. New conditions
evolved new ideas. Asia provided greater luxury for body and mind
than any hitherto known to its European invaders. The new world
thus opened before them might be sinful; it was at least very
pleasant. Future damnation presents few terrors to the well-fed, and
the discovery that millions existed, and in comfort, who had never
taken off their hat to a priest in their lives—however shocking it might
seem at first—was bound to give furiously to think.
Among the forbidden institutions upon which the Crusader found
reason to reconsider his ideas, witchcraft took a prominent place.
Anathema though it might be, it had a multitude of Oriental
exponents, who, whatever they might have to look for in the next
world, had little cause to complain of this. Such abominations cried
for intelligent investigation, if only that they might be refuted, with the
result that the Crusader returned home with the knowledge of many
novel features that might be profitably added to the Western ritual of
magic. Meanwhile in his absence his own native practitioners had
not been idle. Faithful wives were anxious to know something of their
lords' whereabouts, safety, or, it may be, fidelity. Those who were not
faithful had even more need of tidings as to his probable return and
of means for delaying it. In such emergencies the services of the
witch were indispensable—and priestly prohibitions only served to
advertise her powers and to increase the number of her suppliants.
These various causes, and more particularly the last, combined to
give witchcraft an importance in social life hitherto denied to it, and to
draw down upon it more and more the wrath of Mother Church. She
had, indeed, other no less pressing calls upon her attention. The
long slumber of orthodoxy was at an end; many heresies disturbed
the minds of the faithful. The revival of Latin literature stirred
thoughts and feelings long blurred by Church teaching. The
Crusaders were not the sole importers of Oriental ideas; Greek
traders also, along with the drugs and perfumes of the East, brought
new doctrines, received with dangerous tolerance. The vigorous
Innocent III. quickly perceived the danger, and entered upon a
systematic persecution of heretics. In 1208 a Papal Legate having
been murdered by Raimond of Toulouse—against whom the Church
had already serious cause of complaint, Innocent at once proclaimed
a crusade, and the heretical Albigenses were involved in the ruin of
their most powerful protector, suffering a persecution of almost
unprecedented severity. The establishment of the Inquisition now
became a logical necessity if the spread of heresy was to be saved,
and little time was lost in its creation.
By this time Satan had assumed a definite form and personality in
the public mind, and the idea that the witch obtained her powers
through a compact with him, long sedulously inculcated, had taken
root. It is true that even yet the "Sabbath" was but a harmless servile
carnival, frowned upon, indeed, and discouraged wherever possible.
Coincidentally with the rise of the general heresy hunt, Europe was
over-run by a number of devastating epidemics. Leprosy, epilepsy,
and every form of skin disease raged almost unchecked. They were
attributed to many causes, from lack of faith to the consumption of
various Eastern drugs introduced by home-faring Crusaders—
though lack of food and cleanliness were doubtless the most active
agents in spreading them abroad. Dirt had long been accounted
almost a mark of holiness—and one so easy of attainment that few
cared to disregard it and arouse suspicion as to their orthodoxy by
too frequent ablutions. Medical science was at its lowest ebb; the
priests, with keen common sense, declared skin eruptions to be
divinely-inflicted punishments, and therefore not amenable to holy
water. In despair the unhappy sufferers turned to the witch for aid,
who, by her knowledge of herbs and simples, was qualified to
alleviate, if not to cure. Everything seemed to conspire in thrusting
forward the witch into dangerous prominence.
The ecclesiastical measures of repression grew always more severe.
Canon Law decreed that soothsayers be subjected to
excommunication, and enjoined upon the bishops to leave no stone
unturned for their repression. By the fourteenth century the
Sabbaths, under the penetrating eye of the Inquisition lost their
harmless character and became forcing grounds of the Black Mass.
The practice of medicine by women, however beneficial, grew more
and more into disfavour, and year by year the attributes of the witch
grew more infernal as the material Devil became more and more
familiar in men's minds. No doubt the increase of witches was real
as well as theoretical. Love of notoriety is of no modern growth—and
the reputation of possessing infernal powers satisfactorily filled the
position of the modern newspaper paragraph. This in more senses
than one—for not only could you obtain notoriety for yourself, as
does the modern Apache who murders for the _réclame_ it will bring
him, you could also satisfy a grudge against a neighbour, with no risk
to yourself, by anonymously accusing her to the local clergy.
Witchcraft, again, was open to all, without licence, examination, or
entrance fee. Poverty, the desire of solitude, a nice taste in invective,
and a black cat or so were all the stock-in-trade required to start in
business.
The convenience, from the Church point of view, of catching witch
and heretic in the same net was too obvious to be disregarded. By
the fourteenth century their connection was well established in the
eyes of church and law. In France, so early as the thirteenth century,
prosecution took place for "vauderie," an omnibus-word which
covered at once witchcraft and the heretical practices of those
Vaudois from whose name it was derived. In Ireland, in 1324,
proceedings for witchcraft taken against Dame Alice Kyteler and
others in the Court of the Bishop of Ossory, brought about a conflict
between Church and State, such cases, according to English law,
being tried by a secular tribunal.
The substitution of linen for wool in dress was an efficient factor in
abating the ravages of skin-diseases, but their place was taken by
the more terrible Black Death, and, in 1350, epileptic dancings,
known as the Dance of Saint Guy, broke out with especial virulence
in Germany and Flanders. These and other diseases, constant wars,
bad harvests, and other troubles brought about a series of class-
wars, the Jacquerie in France, and Wat Tyler's insurrection in
England, for example; the Devil and the witch between them shared
the blame in the eyes of respectable Europe. The greater
pestilences were attributed to the Devil's personal intervention, while
minor diseases, and especially poisonings, fell to the witch's share—
this latter accusation being, perhaps, not altogether without cause.
The public—or that portion whose lives were cast in places
sufficiently pleasant to prevent them desiring such consolation as
magic might afford them—were now fully aroused to their iniquity.
Against the agents of so grisly a horror as the mediæval devil no
measures could be too severe, no torture too dreadful. Scholasticism
vied with the Church in deploring the increasing evil; John XXII.'s
publication of the first Bull against witchcraft was capped by the
University of Paris, which, in 1398, laid down rules for the judicial
prosecution of witches, expressing at the same time regret that the
crime of sorcery should be growing more common than in any former
age. In England, from the Conquest onwards, commissions were
issued from time to time empowering the Bishops to seek out
sorcerers. In 1406 such a mission was delegated to the Bishop of
Lincoln. It was not, however, until 1542 that penalties more severe
than fine and imprisonment were inflicted by the Ecclesiastical
Courts.
The ever-increasing prestige of witchcraft in time raised it to a point
where it could be made an apt weapon for political intrigues. The
burning of Jeanne d'Arc as a witch is a case in point, her tormentors
by their choice of indictment dimming for long centuries the halo
which surrounded her efforts towards the freeing of her country,
while at the same time it provided ample opportunity for those who,
having been among the first to hail the rising popular star, are also
first to enjoy his fall from greatness. Another case, even more
definitely political, was that of Eleanor Duchess of Gloucester, in
which the charge of witchcraft proved a serviceable weapon in the
hands of Cardinal Beaufort. The Duchess, although accused of no
less a crime than procuring a wax image of Henry VI., manufactured
by the Witch of Eye, with nefarious intent, escaped the death penalty
indeed, but was condemned to public penance, followed by life-long
banishment.
As the Reformation grew nearer, public opinion veered round to
some slight extent in the direction of leniency. The Inquisition was
itself becoming so unpopular that its victims were bound to excite
some secret sympathy. The Renaissance, throwing wide the door to
all the intellect of classical days, already shook the dominion of the
Church to its foundations. The time had come for desperate
measures if Orthodoxy was to hold her own. In 1484 the Witch-Bull
of Innocent VIII. definitely handed the witch over to the care of the
Inquisitors—and thus gave the signal for a series of persecutions of
unexampled horror, enduring through more than two centuries, and
the last echoes of which have scarcely died away even to-day.
CHAPTER X
THE WITCH-BULL AND ITS EFFECTS
I have elsewhere in this volume attempted to show that, even in our
own days, there is nothing particularly incredible about a witch—and
that the disrespect into which she has fallen is due rather to our
modern lack of any sense of proportion in our beliefs, than to any
fault of her own. Certainly we have no cause to pride ourselves on
any intellectual superiority to the great divines and scholars of past
ages who devoted themselves to the dissection or condemnation of
witchcraft—rather we should deplore our lack of faith and of
imagination. For them there existed no possibility of doubt, no
relative standard of fact or theory. The premises were absolute. The
spiritual world was based upon the word of God as expressed in the
Bible and translated by the Church. To argue the absurdity or
inadmissibility of any particular tenet of Christian doctrine was to
suppose a paradox—the fallibility of the infallible. Eminent jurists, as
was Bodin, or learned physicians such as Wierus, both writing
towards the close of the sixteenth century, arguing with great mental
dexterity on opposite sides, alike accepted the initial axiom, cramp
and confine them though it might. They had, indeed, no alternative—
as well might two modern astronomers in disputing over the
whereabouts of an undiscovered planet deny the existence of the
sun. The humane Wierus, a friend of Sir Philip Sidney, by the way,
preaches from the same text as does the judicial Bodin—though he
delivers a different sermon. Bodin, supporter of the old conventions,
makes a formidable onslaught on Wierus—not for any scepticism as
to the existence of witches—no ground was given him for such an
accusation—but for maintaining against the view of the Church that
witches were victims rather than disciples of the Devil. Nor, in the
face of the very explicit injunction, "Thou shalt not suffer a witch to
live"—and the suggestion was still to be mooted that "witch" in the
original stood for "poisoner"—can we accuse those who obeyed it of
having acted from any other motives than those of earnest
Christians. It is true that they carried zeal to the point of enthusiasm
—but zeal has always been accounted a mark of grace.
As we have seen the severest period of witch-persecution
commences from their definite classification as heretics by the Bull of
Innocent VIII. issued in 1484. The Bull itself was not lacking in
directness:—"It has come to our ears," it commences, "that great
numbers of both sexes are not afraid to abuse their own bodies with
devils that serve to both sexes. And with their Inchantments, charms
and sorceries to vex and afflict Man and Beast with inward and
outward pains and tortures.... Therefore with the authority apostolic
we have given power to the Inquisitor ... to convict, imprison and
punish."
The Inquisitor, Sprenger, lost little time in making use of this
delegated authority—and such was his zeal and so many his
opportunities of acquiring knowledge that within two years after the
issue of the Bull he gave to the world his famous "Witch's Hammer,"
for the direction and guidance of those upon whom should fall the

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1 Introduction: Objectives and method of comparative analysis 3

2 The parameters for comparative analysis and their expression

17 United States of America 355

19 Comparative analysis II: Land demarcation and property rights 389

T h e r at i o n a l e fo r I nteg r ate d C o a s t a l Z o n e M a n age m e nt

. . . a conscious management process that acknowledges the interrelationships among most

Pillar 1: Coastal environmental dynamics (not discussed in this book)

Population density within Percentage of Score on Coastal

Land demarcation and property rights

Institutions and governance

• Is the coastal zone defned at the national (or state) level?

• Is the shoreline legally defned?

Pa r a mete r D : C oa st a l set bac k zone – exte nt a nd pe r mit te d u se s

1 for projects of public interest;

• Is a coastal setback zone required under national (or state) regulations?

1 Horizontal accessibility – Walking, playing, and swimming along the shoreline

• Does your country have planning bodies dedicated to coastal planning?

Pa r a mete r G : C lim ate c h a nge – awa re ne s s

… identify measures to promote bottom-up initiatives and public participation in inte-

Article 14 of the ICZM Protocol

• What are the policies/regulations/practice for public participation in planning?

Article 7 of the ICZM Protocol

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Oh, night and Dian who with true

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Canidia with dishevelled hair,

Motas, danata, daries, dardaries, astataries.

To which Pliny adds that it must be used in conjunction with split

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