The protection of landscape in the law This thesis deals with the legal protection of landscape, focusing on its general protection, i.e., the protection of the landscape outside built-up areas excluding its special protected parts. The main aim of the submitted thesis is to present the basic overview on legal institutes that are provided by the substantial law in force for general landscape protection and, moreover, to describe the most significant ones in detail. The thesis is divided into three chapters, each of them devoted to the study of various aspects of the issue under investigation. In the introductory chapter, general grounds of the landscape protection are described. It is subdivided into three parts. The first part attempts to give a precise meaning to the term "landscape". Further, the historical development of legal landscape protection is outlined in the second part. Finally, the third part deals with the significance of landscape, factors affected its current state, and reasons for its protection. Chapter Two focuses on the substantive law on the international level. Special attention is paid to The European Landscape Convention which represents the only international tool concerning with the landscape itself as its main subject. The rate of implementation of goals covered by The...

This PhD Thesis provides insight into the field of landscape policy in the Czech Republic. It gives an overview of various policy instruments for implementation of the European Landscape Convention. It explores landscape as a policy object, and related policy goals in the spatial planning and environmental policy domains of the Czech Republic.

The creation of landscape in the law The diploma thesis deals with the creation of landscape in the law. The aim of this diploma thesis is to ascertain if the creation of landscape is provided by the Czech legal system and if so, in which ways. Another aim of the diploma thesis is to deal with the legislation in more detail, analyses it and suggests the possibilities of its improvement at the end of this diploma thesis. The diploma thesis is divided into three parts. The first part of the diploma thesis deals with the definition of landscape. The definitions that are used in other scientific disciplines are included in the diploma thesis next to the legal definition of landscape. The second part of the diploma thesis describes the international legislation of the creation of landscape. This part of the diploma thesis focuses particularly on the European Landscape Convention. The third part of the diploma thesis deals with legislation of the creation of landscape in the Czech legal system. With regard to the scope of the diploma thesis, this part only deals with the public law legislation of the creation of landscape in the Czech Republic. It deals particularly with the instruments of the spatial planning. The diploma thesis deals also with the instruments of the water and the forest planning which...

<p>The first part of this essay focuses on how we relate to the landscape at the international and the national level today. The landscape convention is presented and compared to actual current Swedish policies. Different definitions of landscape are discussed. The second part renders the landscape in different archaeological contexts. The central theme is the attempt to investigate if and how we can approach prehistoric man by looking at the landscape as a socially constructed concept. How we should relate to thelandscape from a prehistoric standpoint today is the topic of the third and final part of the study.</p>

The first part of this essay focuses on how we relate to the landscape at the international and the national level today. The landscape convention is presented and compared to actual current Swedish policies. Different definitions of landscape are discussed. The second part renders the landscape in different archaeological contexts. The central theme is the attempt to investigate if and how we can approach prehistoric man by looking at the landscape as a socially constructed concept. How we should relate to thelandscape from a prehistoric standpoint today is the topic of the third and final part of the study.

En ratifiant la Convention européenne du paysage, la Région wallonne sest engagée à répondre au nouvel enjeu de gestion publique quest le paysage. Il lui revient donc de formuler une politique paysagère qui définirait, au minimum, les lignes stratégiques de son action et les moyens de sa mise en uvre. Cest à lélaboration dune telle politique régionale que la thèse sest fixé comme objectif dapporter sa contribution. Le fil méthodologique de la recherche est de rassembler les acquis et instruments existants de la Région wallonne en matière de paysage, dévaluer la contribution de chacun en réponse au nouvel enjeu de la gestion du paysage, puis dinférer une proposition stratégique et doptimiser le cadre instrumental pour une politique future. La recherche aboutit ainsi à formuler les principes généraux dune politique paysagère pour la Wallonie et les objectifs et options répondant aux enjeux paysagers régionaux, ainsi quà proposer leur inscription dans un document régional stratégique destiné à guider les divers acteurs du paysage. Lajustement du cadre instrumental propose une mise en cohérence des différents instruments (daménagement du territoire, de gestion de lenvironnement) que la Région pourrait mieux valoriser ou développer afin de concrétiser sa politique paysagère. Cette double proposition stratégique et instrumentale sinscrit dans une perspective de cohérence horizontale (intersectorielle) et verticale (entre niveaux territoriaux de décision ou dinitiative)./ By ratifying the European landscape convention, the Walloon Region has committed itself to meet the new issue in landscape public management. The Region must thus formulate a landscape policy that would determine at least guidelines and means of action. This thesis aims at contributing to the development of a regional landscape policy for Wallonia. The methodology of this research is to assemble Walloon achievements and existing instruments of landscape planning, to evaluate their contribution to the new issue in landscape management, and then to infer a strategic proposal and to improve the instrumental framework for future policy. This research leads to the formulation of the general principles of a landscape policy for Wallonia as well as objectives and options that meet regional landscape issues, and to propose their inclusion in a strategic regional document to guide landscape actors. Optimization of instrumental framework aims to restructure the different instruments (of territorial planning, environmental management...) that the Walloon Region could use better or develop to carry out its landscape policy. This double proposal strategic and instrumental respects the prospect of horizontal (intersectorial) and vertical (among territorial levels of decision or initiative) coherence.

A l'Annex 4 es presenten els últims dos textos íntegres de l’Estratègia de Paisatge d’Andalusia i el State of Environment d’Eslovàquia. Aquests textos no els posem degut a la protecció d’escriptura de les fonts originals / En aquesta tesi doctoral es pretén estudiar les diferents polítiques de paisatge a Europa, centrant-se en l’estudi a fons del Conveni Europeu del Paisatge, únic instrument dedicat exclusivament al paisatge. Mitjançant l’anàlisi de tres casos d’estudi, Espanya, Alemanya i Eslovàquia, més l’estudi de respectives regions dels mateixos, s’explicaran les eines i instruments existents avui per protegir, gestionar i ordenar el paisatge, afegint, però, l’element social, indiscutiblement lligat a la manera de veure, pensar i viure el paisatge. Es respon així a la hipòtesis de si ens trobem davant un canvi de paradigma, davant una nova sensibilitat respecte del paisatge. Indirectament es responen a dues preguntes més: demostrar si després de 10 anys de funcionament del Conveni Europeu del Paisatge aquest es perfila com a instrument per excel•lència per protegir, gestionar i ordenar el paisatge a Europa i si és possible l’existència de polítiques de paisatge efectives al marge del Conveni Europeu del Paisatge. / This doctoral dissertation focuses on the study of the different European landscape policies, in particular on the study of the European Landscape Convention, being the only international instrument dedicated exclusively to landscape. Through analysis of three case studies, Spain, Germany and Slovakia plus further studies of some of their regions we will describe the tools and instruments, existing today, to protect, manage and plan landscapes adding however, the social element which is without doubt related to our way of seeing, thinking and living the landscape. This way we will answer the hypothesis: is there a change of paradigm and are we experiencing a new sensitivity towards the landscape? Indirectly we are also answering two other questions: firstly we will prove whether after ten years in function the ELC is the ultimate instrument to protect, manage and plan landscapes in Europe. Secondly, if there are other effective instruments in existence, besides the European Landscape Convention.

This research on the forces and forms of urbanization in the Costa Blanca, in the Mediterranean West coast, aims to rethink the collective creation of landscapes by putting side by side top-down landscape planning instruments with everyday activities of things and people that change landscapes in practice. Placed in the hyphen between the disciplines of anthropology and architecture, it is based on fieldwork done by the method of participant observation and, also, participant design. Landscapes transformed by mobile populations are a perfect site to study the difficulties in implementing the democratic approach of the European Landscape Convention. The convention defines landscape as it is perceived by its inhabitants while they constantly take part in its transformation from the inside. Though, the tools available for planners and landscape designers are heirs of a political and aesthetic understanding of landscape that fixes it either as a territory to govern or a view to admire. The research departs from the moment in which these tools are taught to architects in the school. It describes a series of courses about the topic of tourism in which students and teacher made together several experiments with the profession. An experiential methodology that continues along all the chapters wich are all practice based research. After setting the stage of the Costa Blanca in a non-representational way, through an exploration on the potential of narrative to recreate places, it develops a series of variations on the tools of the architect to work with planning. The research does not define a priori what should count as ‘tourism’, ‘spoiled’, ‘valuable’, ‘agricultural’ or ‘natural’ landscapes. Interested in the moments of enjoyment, it does pay special attention to the temporalities of landscape. Fictions, maps, summer houses, events, catalogues and agendas are all in the toolbox of the architect but here they are played in the minor key, to make variations to the major key that has a tendency to prevail. Each chapter pulls a different string from mesh of landscape ecologies of practice, and follows where it leads. The tools are thus presented anew through what was learnt in the fieldwork with lifestyle migrants that seek their place in the sun and local inhabitants that have had an active role in the urban transformations of the area. Building on scholarship in landscape architecture, anthropology, science studies, tourism, planning and speculative philosophy, it follows how actors learn to be affected in the material performance of different relations between people and landscapes. The chapters are built in counterpoint to one another, using narrative and different formatting to stress the accounts of practice and more traditional ethnography. The process of writing and presenting them becomes part of the research. Also, as ways of practice that emerge from landscape transformation related to tourism are described, the question of what making the landscapes of enjoyment does to the political and professional ways of knowing about landscape becomes a central thread of the thesis. In this, it explores how enjoyment cannot be produced, enjoyment can only happen in the collective co-production of landscape, in an undercommons where it becomes 'a task to do' - an agenda for keeping us indebted and thus engaged to each other in a shared landscape.

The study is developed from five in-depth interviews with individuals from different walks of life who have interacted significantly with the North Sea. The study discusses change in the North Sea specifically in the development of fixed turbine wind farms and their physical and aesthetic effects. Observations speakers make as to changes in the North Sea and as to its beauty are contextualised and discussed using NASA satellite images, photographs and review of available academic literature, UK policy documents and law. This context includes a study of the industrialised North Sea with reference to the sediment sea plumes behind monopile turbines. The United Kingdom was selected for particular study of its wind farm development permissions process, including evaluations of seascape and the requirement of independence for expert evidence. Decline of trawler access to the North Sea is referenced to wind farm growth, and to adverse changes in public opinion leading to closure of the UK Dogger Bank to trawlers. Finality of wind farm development decisions is considered against the prospect of overturn by the courts. This aspect covers the application and development of principles relating to appeal by way of judicial review in the UK jurisdictions of Scotland, England and Wales, and Northern Ireland. The study identifies, and explains the English aesthetic evaluation of wind farms. It concludes that sea plumes are the result of a legal choice to allow permit applications to succeed without testing by reference to detailed in-sea turbine dimensions. In the permissions process (a) sea plumes are not evaluated by the seascape criteria applicable to coastal or off-coastal wind farms (b) deep offshore wind farms are instead evaluated by possible changes to character of the sea. The study further concludes that (i) the open horizon of the North Sea has been lost in significant part (ii) the combined aesthetic of transience, decay, and nostalgia underlies the aesthetic of the North Sea Maunsell forts (contrasted to Sealand), and also underlies attitudes to decommissioning wind farms, and (iii) concepts of sea beauty may be based on appearance or health, being regulated by different legal regimes in each eventuality (respectively the European Landscape Convention, or the OSPAR/ biodiversity/ habitat initiatives)