The concept and legal framework of national parks: A comparative legal study focussing on the United States of America, the Republic of Poland and the Federal Republic of Germany

Abstract

When we think of national parks, we think of unspoiled nature, infinite widths and probably about the United States of America. About the United States of America? Yes, of course! Already in 1934, President Franklin D. Roosevelt recognised properly that “there is nothing so American as our national parks”. Seen from a distance, the concept of a national park has been one of the greatest export hits from Northern America. There can be found dozens of national parks in a wide variety of countries all around the world. An American way of experiencing nature goes global. Europe is no exception. Today, on the old continent alone, there can be found approximately 90 million hectare of protected area, which corresponds to 18% of the total amount of land, spread on more than 40 countries. But this success story can’t hide the uncertainties that are caused by the use of the term of a “national park”. The definitions of this idea vary from time to time, even so the legal framework is different from country to country. Also the assigned objectives are by no means uniform. Therefore it`s about time to bring light into this jungle of legal inconsistencies and confusions to strengthen the nucleus of this unique idea of nature protection. In consideration of the thesis that the concept of a national park was formed in the U.S., this essay focuses first on the country just been named. Later, the focus shifts on Poland and exceedingly on Germany, analysing the European idea, obligations and especially framework of a national park. During this process, the following question permanently appears and asks for an answer: What are national parks for?