2. General Review of Modeling Approaches in the Marine Environment
3. Marine Cadastral Data Model and Standard Criteria
- Various and overlapping types of 3D formal and informal boundaries and limits that relate to sea surfaces, water columns, the seabed and the seabed subsoil, some of which can change in space and time due to [12,23,24,25,26];
- Transfers of, or changes in, rights, restrictions, interests, and responsibilities;
- The ambulatory nature of some marine related boundaries;
4. International Standards Relating to Marine Environment
4.2. IHO S-100 Universal Hydrographic Model
4.3. IHO S-121 Maritime Limits and Boundaries
- the party component which defines the different actors and their role associated with an object;
- the geospatial component which defines the location and type of the object;
- the legal component, which supports the description of the associated jurisdictions, and rights, associated with objects;
- the administrative or spatial sources such as treaties, legal documents, charts.
- LA_SpatialUnit (with LA_Parcel as alias) as basis for CadastralParcel;
- LA_BAUnit as basis for BasicPropertyUnit;
- LA_BoundaryFaceString as basis for CadastralBoundary; and
- LA_SpatialUnitGroup as basis for CadastralZoning.
5. IHO S-121 Maritime Limits and Boundaries and Marine Legal Objects
5.1. S-121 Party Unit Package
5.2. S-121 Administrative Package
- State Interests: The state RRRs are defined through the international Treaties (and bilateral agreements for states with maritime neighbors) and transposed into national legislation with laws. When referring to sovereign rights, we mean the power of the state and/or the sovereign entity (as regards the marine space, the sovereign entity is always the coastal state) to act as they deem appropriate for the benefit of their citizens. The legal term of the aforementioned power is "exclusivity of jurisdiction" that according to the international law implies that the state has complete control of its affairs within its territory, without being accountable for the means of exercising this control. The extent or the kind of the sovereign rights differ, according to the specific zone of the marine space it refers to. The full sovereignty or the sovereign rights of the coastal state means that, apart from the coastal state, private entities (natural or legal persons) can exercise an activity or use part of the marine space only by means of transferring of a right from the State for a specific activity under contract or licensing. This kind of rights are recorded by an MAS. Table 1 summarizes the rights of states in marine space as they are defined in UNCLOS, which may then be transferred to the private entities.
- Public Rights: Public rights refer mainly to the constitutional right of every citizen of the state having an unlimited/ without obstacles access statewide (terrestrial and marine space). These rights are not secured for an individual interest but for a public interest (e.g., public right to beach access). They may be described as protecting the public interest in the use and conservation of resources.
- Environmental RRRs: Refer to provisions that relate to the protection and conservation of water resources, places of preserved areas and cultural heritage. These places are pre-defined by law and the rights involved are of utmost importance and mandatory, in comparison to the following functional interests . These RRRs include amongst others, the protection of archaeological and historical objects found at sea, the protection of Marine Protected Areas and the general MSP restrictions.
- Usage and Exploitation Rights: Progressively functional rights tend to acquire a private nature, associated with individual stakeholders that coexist with the state rights. In a wide sense, this term sets the limits of rights, which involve mainly the different ways of use and management. In other words, in the marine environment, the rights are limited in terms of space, duration and most importantly the extent, the content that refers only to the different kind of uses and management. The stakeholders are not owners but only beneficial “users” . When private property rights are used as a basis of interpretation, these rights do not represent full ownership let alone absolute property rights; they can be classified into usage and exploitation rights. Usage rights are associated only with space, and exploitation rights are associated with the resources as well. Usage rights may be granted by a legal person that has been delegated the authority to provide usage rights. Rights granted in this manner are subject to restrictions in terms of the nature of the usage rights (e.g., type and temporal aspects of use) and the spatial extent linked to the usage rights (sometimes defined by boundaries). Functional rights are granted either by leasing contracts or through licensing. It has to be noted that the authority of granting remains national and no freehold ownership is involved. These rights are associated with specific stakeholders.
5.3. S-121 Spatial Unit Package
- The third dimension: The inherent volumetric 3D nature of marine space is apparent. Marine RRRs, such as aquaculture, mining, fishing, and mooring and even navigation, can coexist in the same latitude and longitude but in different depths. The question is if the 3D representation is necessary for an MAS. So far, the geomatics’ community supports the idea of the 3D registration and visualization of marine interests. According to  (p. 446) “…Clearly, the right to explore for minerals may have an impact on the surface of the land, but it will also affect a 3D cross-section of the parcel below the land’s surface. Policy-makers would no doubt benefit from an understanding of the upper and lower bounds of the exploration rights, and how these may affect the environment or other property entitlements within the same parcel.” Additionally, the registration of the restrictions that are defined by the laws and structure the marine legal object are related with the third dimension for most activities. They define in which vertical or horizontal distance is allowed to exercise other marine interests. Furthermore the multipurpose nature of the MAS demands access to additional types of information (geology, hydrology etc.), additional types information (geology, hydrology etc.), except of the RRRs, in relation to marine spatial extents. The use of the third dimension is considered important. However, the existing MAS have only used the third dimension for the representation of the seafloor.
- The fourth dimension: It is clear that time has always played an important role as the fourth dimension in cadastral systems. In the marine environment, most activities can co-exist in time and space and can move over time and space. Therefore, the registration of the fourth dimension will capture the temporary nature of many particular rights.
- Spatial Identifiers: Every land parcel or property recorded in a land registry or a cadastral information system must have an identifier. In fact, identifiers are the most important linking data elements in land administration databases. There are various ways for referencing land parcels and property . In the Hellenic (Land) Cadastre for each individual property, a 12-digit code number is assigned, the “KAEK” , which is unique nationwide. It is proposed by Arvanitis et al., the use of a unique code to the marine parcels. “The 12-unit code will be based on the legislated zone, the Sea, the Greek Prefecture, the Head Office of the Port Authority Jurisdiction/Municipality, the use and number of the marine parcel”. The code will be unique and will record the existence of multiple uses in the third dimension .
Spatial Dimension and Associated Issues
5.4. S-121 Sources
- Laws: The legislation which defines all RRRs of the marine space and constitutes the basis upon which the content of the administrative resources is developed. The term "law" leads to the main division between substantial and typical law (e.g., the legislation produced by the legislative power of the House of Representatives). Thus, the substantial law includes the principles of Common Law and equity, the administrative acts of the Administrative Authorities (Ministerial and Presidential Acts) as well as acts of legislative content. Needless to say, the European Law (Treaties, Regulations, Directives, Decisions) and the International law are main legal binding sources.
- Administrative Sources: The legal sources which include the administrative regime of the RRRs are defined. The administrative sources are: the legal contracts that relate to the disposal of the functional rights of the state to private entities (as defined by the legal framework). The functional rights of the state granted are either by means of an administrative contract (administrative long leases or public works contracts) or the right is conferred by an administrative act, most usually by a license agreement. The administrative sources that need to be recorded in an MAS are different depending on each activity. For several resources, the processes relating to registration of issue are standard. For example, in Greece, the registration associated with exploration for and extraction of gas and petroleum is highly refined. It is of high importance that all the activities that take place in the marine space need to be recorded accurately. This systematic recording could help to identify: the multiple licenses required for specific activities, regulated access rights, existing legal gaps.
5.5. External Classes
6. Code Lists of S121 Attributes Inherited from LADM for Greece and Trinidad and Tobago
- S-121 Spatial Unit Package: LA_AreaValue, LA_AreaType, LA_SurfaceRelationType, LA_InterpolationType, LA_Transformation;
- S-121 Sources: LA_AvailabilityStatusType, DQ_EvaluationMethodTypeCode, Cl_OnlineFunctionCode, Cl_PresentationFormCode, Cl_RoleCode.
6.1. Code Lists for Greece
6.2. Code Lists for Trinidad and Tobago
- The introduction of class marine resources into the model. The ultimate objective for the development and implementation of an MAS for the management of the legitimate interests is the conservation of the marine resources in the context of sustainable development.
- The integration of data on legal spaces and on physical features through the external classes into the specializations of MLB Space Object.
- The division of Sources into S121_Law and S121_AdministrativeSource. In marine environments, the existence of rights may be not created through transaction, but derive from the law.
- Regarding the Greek case, a conclusive approach is gradually an issue of growing priority, to support the state and European MSP initiatives. Determining maritime boundaries with its neighbors needs to be agreed, in order to define the area where the MAS applies. In addition, a national ocean’s policy would be a first step towards the development of an MAS to manage the complex legal regime and overlapping jurisdictions, based on S-121 product specification.
- Organization of national marine legislation, considering EU orientations and directives in a structure similar of S-121. To this purpose, appropriate legislation should be introduced and maintain a database adapted to international standards. In this direction, any differences and conflicts in marine space need to be identified and resolved by specific regulations.
- Regarding the specialized code lists for Greece and Trinidad and Tobago as presented in Section 5, most of them have common values and the differences are to be found specifically in the RRR types and in the levels of responsible government. In the first place, the specialization of S-121 generic code lists is proposed, and, secondly, their adjustment, depending on the country needs.
Conflicts of Interest
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|Internal Waters||Territorial Sea||Contiguous Zone||Exclusive Economic Zone||Continental Shelf|
|Outer Limit||Baselines||12 NM||24 NM||200 NM||200 NM or Article 76|
|Vertical Domain||AS, WC, SB, SS||AS, WC, SB, SS||WC||WC, SB, SS||SB, SS|
|Rights of the Coastal State||Full sovereignty equal to that on the land. Exception: 8(2) UNCLOS||Full sovereignty with the exception of Innocent Passage||May put laws into in order to prevent and punish infringements of its customs, fiscal, immigration or sanitary laws committed within its land territory or territorial sea. Control of traffic of objects of an archaeological and historical nature found at sea. 303(2)||Exclusive sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, both living or non-living and the jurisdiction to establish artificial islands or installations, protection of the environment and to conduct scientific research.||Exclusive Sovereign rights for the exploration and exploitation of its natural resources and the sedentary species|
|Rights of the Other States||No rights, with the exception of right of innocent passage when Article 8(2) UNCLOS is applicable.||Right of Innocent Passage and transit passage where Articles 37 applies||All high seas freedoms||Freedoms of navigation, of overflight and of laying submarine cables and pipelines (subject to the rights of coastal and other states)||Freedom of laying submarine cables and pipelines (subject to the rights of coastal and other states)|
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