NOTES ON THE EVOLUTION OF LEGAL, ADMINISTRATIVE AND TECHNOLOGICAL MECHANISMS FOR COMBATING MARINE POLLUTION

Abstract

The evolution of the legal and administrative mechanisms for combating marine pollution in Spain is analysed, starting from the acknowledgement of its diffuse, transversal and transboundary nature, examining the complex allocation of competences between the State, the Autonomous Communities and local authorities, as shaped by the legal system and the different jurisdictions, and highlighting the relevance of the origin of the discharge and of the nature of the causative activity. It systematises the international, European and State regulatory framework, as well as the operational organisation for responding to pollution incidents, together with the structural deficits of the model, especially as regards coordination, the integration of scientific information and planning adaptable to the moment. Finally, it proposes moving towards an operational system based on automation, the objectification of decisions and forecasting supported by scientific data, as a condition for effective and precautionary marine governance.