Legal implications of mobile shorelines in Great Britain. / McGlashan, Derek J.; Duck, Robert W.; Reid, Colin T.
In: Area, Vol. 41, No. 2, 2009, p. 149-156.Research output: Contribution to journal › Article
}
TY - JOUR
T1 - Legal implications of mobile shorelines in Great Britain
A1 - McGlashan,Derek J.
A1 - Duck,Robert W.
A1 - Reid,Colin T.
AU - McGlashan,Derek J.
AU - Duck,Robert W.
AU - Reid,Colin T.
PY - 2009
Y1 - 2009
N2 - <p>This paper highlights the three legally defined property areas that lie in the coastal zone in Great Britain (land, foreshore and seabed), and considers the mechanisms used by the two legal systems that operate on the mainland (Scots and English law) to cope with natural processes of erosion and accretion. The two legal systems are shown to be slightly different in how they accommodate erosion and accretion. However, they both have difficulty in coherently addressing the issues of coastal mobility and land ownership, which raises important questions of social justice, as they are based on the perceptions of judges in historic cases.</p>
AB - <p>This paper highlights the three legally defined property areas that lie in the coastal zone in Great Britain (land, foreshore and seabed), and considers the mechanisms used by the two legal systems that operate on the mainland (Scots and English law) to cope with natural processes of erosion and accretion. The two legal systems are shown to be slightly different in how they accommodate erosion and accretion. However, they both have difficulty in coherently addressing the issues of coastal mobility and land ownership, which raises important questions of social justice, as they are based on the perceptions of judges in historic cases.</p>
KW - Coastal accretion
KW - Coastal erosion
KW - English law
KW - Great Britain
KW - Scots law
KW - Social justice
U2 - 10.1111/j.1475-4762.2008.00854.x
DO - 10.1111/j.1475-4762.2008.00854.x
M1 - Article
JO - Area
JF - Area
IS - 2
VL - 41
SP - 149
EP - 156
ER -