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37 Environs: Envtl. L. & Pol'y J. 1 (2013-2014)
Legal Issues concerning the Cres-Losinj Marine Habitat & Protected Area Legislation in Croatia

handle is hein.journals/environs37 and id is 7 raw text is: Legal Issues Concerning the Cres-Loiinj Marine Habitat & Protected Area Legislation in Croatia Emily Becker, * Amir Pavlovicm, ** Sandra Nemet, ***andDr. Peter Mackelworth * * * * This paper analyzes legal issues concerning the Cres-Loginj Marine Habitat and protected area legislation in Croatia generally. The Cres-Loginj Marine Habitat is home to bottlenose dolphins, marine turtles, and migratory birds, species designated as endangered or at-risk by various international organizations. Scientific research encourages protection of the Cres-Loginj area. The Croatian government has long insisted on its commitment to the protection of the Cres-Loginj dolphin habitat, both to remain in compliance with its international obligations and in response to external and internal pressure. However despite this commitment to protection and the scientific support for protection, the Croatian government has yet to implement permanent protection of the Cres-Loginj area and many other sites. Ultimately, we conclude that failure to implement permanent protection constitutes an unfulfilled commitment under several legal regimes, including Croatian law, the Aarhus Convention, the Bern Convention, and the Barcelona Convention. Additionally, although Croatia has yet to accede to the EU, it stands to be in violation of the Habitats Directive upon accession iffurther protective action is not taken. 1. THE STATUS OF CRES-LOSINJ UNDER CROATIAN LAW ...... 3 A. Sources of Law.................................... 3 B. Summary of Applicable Laws............... ............. 3 1. Preventive (Temporary) Protection Under the NPA.............. 3 2. The Proposed Law on Permanent Protected Areas................4 * Corresponding author, J.D. Candidate, Harvard Law School, 1563 Massachusetts Avenue, Cambridge, MA 02138, USA, cbccker@jdl4.law.harvard.cdu. ** J.D. Candidate, Harvard Law School, 1563 Massachusetts Avenue, Cambridge, MA 02138, USA. *** Faculty of Law, University of Rijeka, Hahli 6, 51000 Rijeka, Croatia. **** Conservation Director, Blue World Institute of Marine Research and Conservation. Article reviewed by Prof. Tullio Scovazzi, Professor of International Law, University of Milano- Bicocca. 1

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