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The issue of conflicting rights to parts of a rock mass, taking into account specificity of the sea

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  • Kozieł Agnieszka

    (Radca prawny, Kancelaria Juris sp. z o.o., Warszawa)

Abstract

This article discusses the issue of spatial and industrial conflicts during business operations in the maritime areas of the Republic of Poland, including the territorial waters and the economic zone (shelf) in interdisciplinary approach. The Author proposes a method of identification those conflicts in terms of their nature, and the areas of business activity into those that result from the undertaken activity or influence of a given activity in the same maritime areas and those that constitute an industrial conflict and are related to competition between entrepreneurs conducting business activity in the scope of searching, recognising and excavating of mineral beds and those entrepreneurs that undertake activity in the field of wind farms, fishing and breeding. The article presents the legal issues that make it difficult to carry out rational and competitive activity in the area of geology and mining in the light of the regulations currently in force. The author analyses and presents the conflicts and competitive activities from the viewpoint of various legal disciplines, including civil law, spatial development law, geological and mining law, environmental protection law, maritime law. Against those various areas of activity, as well as the legal disciplines, the Author identifies the conflicting nature of procedures and rationality, functionality of the applied administration law acts and decisions made in this scope in competitive proceedings.

Suggested Citation

  • Kozieł Agnieszka, 2014. "The issue of conflicting rights to parts of a rock mass, taking into account specificity of the sea," Gospodarka Surowcami Mineralnymi / Mineral Resources Management, Sciendo, vol. 30(1), pages 123-142, March.
    • Handle: RePEc:vrs:gosmin:v:30:y:2014:i:1:p:123-142:n:4
    DOI: 10.2478/gospo-2014-0004
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