The scenery of the Venice lagoon is characterized by the presence of a number of fenced areas, where a peculiar type of fishing –related to the seasonal migration of juveniles of species living in the Adriatic Sea, which move from the open sea to the littoral– has been carried out for centuries. In a series of disputes about the allocation of property rights over the said assets, the Italian Supreme Court, while affirming the lower courts' decisions and holding that ownership shall be vested in the public administration, pointed out that the State owes a duty to preserve the relevant features of the fishing basins as well as their specific utilization. Such an assignment of the entitlement is in line with the historical tendency, since the same answer had been given by the regulations enacted at the time when Venice and its territories were part of the Austro-Hungarian Empire. On the other side, the shaping of the governance structure, functional to the fulfillment of certain aims, looks rather innovative, and has its roots in the concept of property outlined in the Republican Constitution. Beyond formal criteria, public ownership, in situations that are analogous to the one faced by the judges in the mentioned cases, is deemed to be crucial in order to give effect to basic principles, such as the full development of human personality, and the safeguard of the natural landscape and the historical and artistic heritage of the Nation. Under this point of view, even formal requirements, set out by the legislature and specified by the courts, should be interpreted according to the goal of protecting and promoting fundamental rights. These landmark judgments urge legal scholars to rethink the traditional categorization of publicly owned land, and to formulate an approach more consistent with the evolution of the economic theory of common-pool resources.
|Titolo:||Ownership of the State and Preservation of Environmental Values: The Case of Fenced Fishing Areas in the Venice Lagoon|
|Citazione:||Palmieri, A. (2014). Ownership of the State and Preservation of Environmental Values: The Case of Fenced Fishing Areas in the Venice Lagoon. UWM LAW REVIEW, 7, 192-201.|
|Appare nelle tipologie:||1.1 Articolo in rivista|
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