Legal Challenges in Introducing Maritime Spatial Planning in Latvia: Envisioning a MultiUse Approach Framework

Abstract

Maritime spatial planning (MSP) is a tool for balancing the dimensions of sustainability, both by protecting the marine environment and by identifying opportunities for the use of marine space and resources to implement these uses, as well as conflict management. In line with the requirements of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for MSP, the Republic of Latvia Cabinet of Ministers in 2019 adopted a nationallevel longterm territorial development planning document – Maritime Spatial Plan 2030. In accordance with the national legal framework, by 30 December 2023, an Interim Evaluation of the implementation of the Maritime Spatial Plan 2030 was prepared and submitted to the Cabinet of Ministers, including proposals for its updating, establishing the need to make several amendments to national legislation, one of the most important of which was introduction and application of multiuse (MU) concept in order to be able to use the sea space more sustainably and efficiently. To this end, the article aims to explore introduction of the MU concept framework in Latvian legislation, considering the opportunities and limitations in light of the evolution of scientific knowledge. The study’s findings first highlight the need to strengthen the MU concept at the political and planning level before introducing MU in more detailed regulations. The importance of necessary adaptations in the legislation governing the granting of permits is indicated, depending on the activity and the type of MU (for example, whether it is only about MU of space or MU of technical resources). It is also emphasized that in the case of a highly integrated MU, special attention should be paid to risk management and risksharing considerations. In the process of implementing MU on a national scale, it is critical to capitalise on the methods and experiences of other countries in the Baltic Sea Region, as well as the already existing legislative frameworks for environmental impact assessment and strategic environmental impact assessment.