Historical precedents of maritime public domain

publicomaritimo1 .- The public maritime domain in Roman Law

In Roman law, and river-sea part of the common res omnium, allowing their uncontrolled use and even ownership by individuals, but always very isolated because of its low economic value. (Instituta, Book II, T.1-5)

[:] 2 .- The public maritime domain in French law

The legislation in France in this area is much later than the Spanish, keeping the concept of Roman law until the Act of 1963, which is set to public domain of the soil and subsoil of the territorial sea. Likewise, the Act provides for the possibility that the land on the edge of the coast can be reserved for public interest or tourist maritime order.

3 .- The public maritime domain in Spanish Law

The Partidas of Alfonso X «El Sabio» includes the sea and its shores within the common res omnium, even allowing construction on the seashore. This concept is modified, first, for reasons of sovereignty from Spain and homeland security, and secondly, when the sea and its banks to gain significant economic value to the increase of fishing, oil exploration or exploitation tourism.

For this reason, the Water Act of 1866 included in the public domain as defined as the sea coast and sea area, which includes beaches. This regulation would ultimately qualified by Article 132 EC and the 1988 Coastal Act.

-Alejandro 3 de febrero de 2010