Pascual RIESCO-CHUECA Centre for Landscape and Territory. University of Seville (Spain) IN VARIETATE CONCORDIA (EUROPEAN UNION MOTTO)
A PLURALISTIC EUROPE / COMPLEXITIES OF SCALE AND POLITICAL LEVELS. SUBSIDIARITY (A MATTER OUGHT TO BE HANDLED BY THE SMALLEST, LOWEST, OR LEAST CENTRALISED AUTHORITY CAPABLE OF ADDRESSING THAT MATTER EFFECTIVELY): ALLOWING LARGE DEGREES OF SOCIETAL SPONTANEITY. THE ELC TRIES TO STIMULATE SUBTLE BUT PROFOUND CHANGES AT ALL LEVELS AND SCALES (PAUL SELMAN) THE SITUATION: SPAIN AND THE ELC. DECENTRALIZATION AND A WEAK CENTRAL ADMINISTRATION. KEY LANDSCAPE PROBLEMS IN SPAIN. AN UNSTEADY, IRREGULAR COMMITMENT TO LANDSCAPE. SOME ACHIEVEMENTS AT THE REGIONAL LEVEL.
PROPOSALS: LANDSCAPE AS AN ASSET. WHAT SHOULD BE EXPECTED FROM THE NATIONAL GOVERNMENT. SUGGESTIONS FOR REGIONAL ADVANCES. Vista de Toledo: El Greco (1604-1614) A PLURALISTIC EUROPE PROTECTING AND PROMOTING CULTURAL DIVERSITY: A MEANS OF BUILDING A MORE HUMANE AND INCLUSIVE EUROPE (COUNCIL OF EUROPES ACTION PLAN, 2005)
THE ELC HAS CONCEIVED LANDSCAPE AND CULTURAL DIVERSITY AS AN ASSET. A BASIC NEED FOR STRONG FORWARD-LOOKING ACTION TO ENHANCE, RESTORE OR CREATE LANDSCAPES (ELC) + A PLURALITY OF ROADS TO ACHIEVE THAT OBJECTIVE.
THE NEED FOR CREATIVE AND ADAPTIVE APPROACHES TOWARDS LANDSCAPE AS A DYNAMIC SYSTEM ARE ESSENTIAL YET THERE IS LITTLE IN LEGISLATION OR POLICY GUIDANCE TO HELP OR GUIDE US ABOUT OPTIONS FOR CHANGE (PAUL SELMAN)
THE ELC PROVIDES SUCH GUIDANCE, WHILE ALLOWING CREATIVE AND DIVERSE APPROACHES ACCORDING WITH EACH NATIONAL / REGIONAL / SECTORAL TRADITION SPAIN AND THE ELC
SIGNED THE ELC: 20th OCTOBER 2000, THE SAME YEAR IT WAS ADOPTED. RATIFIED IT: 26th NOVEMBER 2007 (A SEVEN-YEARS DELAY).
THE SPANISH CONSTITUTION (1978) CONTAINS NO REFERENCE TO LANDSCAPE (AND ONLY VAGUE, NON-COMMITING REFERENCES TO ENVIRONMENT AND CULTURAL HERITAGE).
THE 17 AUTONOMOUS COMMUNITIES HAVE FULL POWERS IN THE SPHERES OF LAND PLANNING, THE ENVIRONMENT, AND CULTURAL HERITAGE. SUCH ISSUES DID NOT SEEM A PRIORITY AT THE TIME THE CONSTITUTION WAS APPROVED (1978) THE 17 REGIONS (AUTONOMOUS COMMUNITIES):
ADMINISTRATIVE UNITS RESPONSIBLE FOR MOST OF THE ELC IMPLEMENTATION WITHIN THEIR TERRITORY. STRUCTURAL SPAIN: THREE DEEP ONGOING TRANSFORMATIONS (1975-TODAY): DECENTRALIZATION, DEMOCRATIZATION, EUROPEAN INTEGRATION THE SPANISH MINISTRY OF ENVIRONMENT
RESPONSIBLE FOR THE FOLLOW-UP OF INTERNATIONAL INITIATIVES CONCERNING TERRITORY AND LANDSCAPE; RELEVANT AUTHORITY IN ENVIRONMENTAL POLICY ISSUES (WATER, COASTS AND BIODIVERSITY) HAVING SUBSTANTIAL TERRITORIAL INFLUENCE ON THE WHOLE OF THE STATE.
THE ELC AND SPAIN. THE GENERAL DIRECTORATE FOR SUSTAINABLE DEVELOPMENT OF THE RURAL WORLD (DGDSMR) IS NOW RESPONSIBLE FOR INTERNATIONAL MONITORING OF THE ELC (FORMERLY THE DIRECTORATE FOR BIODIVERSITY), INFORMATION DUTIES ON THE STATUS OF THE SPANISH LANDSCAPE, DISSEMINATION OF THE CONVENTIONS PRINCIPLES AND GOALS, COOPERATION WITH THE REGIONS. THE MINISTRY SHOULD BE HARMONIZING ITS OWN STATE POLICIES TO THE PRINCIPLES OF THE CONVENTION, AND REINFORCING THE LANDSCAPE DIMENSION OF ITS PROGRAMMES. Atlas de los Paisajes de Espaa (Ministerio de Medio Ambiente, 2003) AN IMPORTANT ACHIEVEMENT AT THE NATIONAL LEVEL: A GLOBAL LANDSCAPE CARTOGRAPHY LEADING LANDSCAPE PROBLEMS IN SPAIN
UNSUSTAINABLE TOURISTIC AND RESIDENTIAL DEVELOPMENT SCATTERED HOUSING (AROUND RURAL TOWNS) AND SPRAWL (AROUND CITIES). AGGRESIVE ENERGY INDUSTRY. UNCONTROLLED GROWTH OF THE TRANSPORTATION NETWORK. [AS A RESULT, ARTIFICIAL SURFACE GREW BY 29.5% IN THE PERIOD 1987- 2000] INTENSIVE AGRICULTURE: PLASTIC AND HEAVY EQUIPMENT, CLUTTERING. SHARP RISE OF AREAS UNDER PERMANENT IRRIGATION. ENCLOSURES (BARBED WIRE) AND PEDESTRIAN EXCLUSION IN FOREST LANDSCAPES. BANALIZATION IN SMALL TOWNS AND RURAL AREAS: POOR ARCHITECTURAL QUALITY OF PRIVATE HOUSING LOSS OF CULTURAL HERITAGE AND IDENTITY (CLICH LANDSCAPES) UNSUSTAINABLE DEVELOPMENT OF THE COASTLINE FENCES + AGGRESIVE PRIVATISATION AGRICULTURE + ENERGY: TECHNOLOGICAL TAKEOVER PLASTIC AGRICULTURE, ALMERA (Photo: ngela Iglesias) LANDSCAPE EVOLUTION AS REVEALED BY OLD PICTURES: A TREND TOWARD BANALIZATION? GERENA, SEVILLA Linares, 2007, Pedro Poza BAD LANDSCAPE QUALITY OF RESIDENTIAL DEVELOPMENT A GROWING BUT UNSTEADY, INTERMITENT INTEREST FOR LANDSCAPE
THE DECENTRALIZATION ERA (1978-TODAY) HAS BEEN LONG ENOUGH FOR THE REGIONS TO DEVELOP THEIR OWN TRADITIONS AND INERTIAS CONCERNING TERRITORIAL POLICY (ECOLOGIC / CULTURAL / LAND PLANNING FOCUS)
LANDSCAPE AT THE REGIONAL / LOCAL SCALE HAS BEEN SHOWN AS A FIT ARENA FOR ENHANCING IDENTITY AND [POTENTIALLY] MITIGATING INTRA-REGIONAL TERRITORIAL CONFLICTS [within the region].
DECENTRALIZATION BRINGS TO THE FORE A PLURALITY OF ACTORS: LANDSCAPE MAY PROVIDE A MEETING POINT TO LAUNCH OTHER PROJECTS AND POLICIES. LANDSCAPE IS LOCATED AT THE CORE OF CITIZEN CONCERNS: QUALITY OF LIFE, LIFE STYLE, COMMUNITY CREATION. A GOOD LANDSCAPE IS AN ATTRACTOR FOR TOURISTS AND INVESTMENT.
RICH AVAILABLE EXPERIENCE ACROSS EUROPE: LEARNING FROM THE ERRORS AND INSIGHTS OF OUR NEIGHBOURS. A DIVERSITY OF LEGISLATIVE TRAJECTORIES AMONG THE REGIONS: COMPARATIVE TABLE
COMMUNITY LANDSCAPE ACT OTHER ANDALUSIA LAND PLANNING SCHEME (POTA, 2006) LANDSCAPE STRATEGY (2012) + CATALOGUES. CATALONIA ACT 8/2005 LANDSCAPE PROTECTION, MANAGEMENT AND PLANNING DECREEES, GENERAL LAND SCHEME (1995). LANDSCAPE OBSERVATORY. LANDSCAPE CATALOGUES. VALENCIA ACT 4/2004 LAND PLANNING + LANDSC. PROTECTION DECREES. BASQUE COUNTRY ACT 3/1998 GENERAL PROTECTION ENVIRONMENT REGIONAL PLANNING GUIDELINES (1997) GALICIA ACT 7/2008 LANDSC. PROTECTION GUIDELINES LAND MANAGEMENT. LANDSC. CATALOGUES / AGREEMENTS LANDSC. STRATEGY (2011) CANARY ISLANDS CONSOLIDATED DECREE 1/2000 LAND MANAGEMENT AND NATURAL SPACES GUIDELINES ON PLANNING AND TOURISM. SUB-REGIONAL SPACE PLANS Adapted from Elorrieta, Berezi & Snchez-Aguilera, Dolores (2011) Landscape regulation in regional territorial planning: A view from Spain. The European Landscape Convention: Challenges of participation. M. Jones & M. Stenseke (eds.). Springer Science. AN INTENSE (ALTHOUGH UNEVEN, INTERMITENT AND UNCOORDINATED) ACTIVITY TRIGGERED BY THE ELC AT THE REGIONAL LEVEL
ENHANCED AWARENESS AND PARTICIPATION WORKSHOPS, LEAFLETS, EXHIBITS
SOME INSTANCES OF THE PROTECTION, MANAGEMENT AND PLANNING APPROACH IN SELECTED AREAS
INTEGRATION OF LANDSCAPE IN LAND PLANNING STEP-BY-STEP ADAPTATION OF LAND POLICY. LANDSCAPE CATALOGUES, BASQUE COUNTRY (2011-) PARTICIPATION ACTIVITIES, ALT PIRINEU I ARAN CATALOGUE, CATALONIA (APPROVED 2013) PARTICIPATION ACTIVITIES, CATALOGUE, SEVILLE (ANDALUSIA), 2013 GUIDELINES FOR THE ELC IMPLEMENTATION, MALLORCA, 2009 SOCIAL NETWORKING: A MEANS TO DISSEMINATE LANDSCAPE ACTIVITIES
[CAPA = LANDSCAPE CATALOGUE, SEVILLE: A WEBSITE IN FACEBOOK] LANDSCAPE ATLAS, MURCIA (2009) UNIVERSITY MASTER: LANDSCAPE PROTECTION, MANAGEMENT AND PLANNING, SEVILLE (2007-2009) 2011: Meetings and discussion on fluvial and forest landscapes. Baixo Mio, Galicia. Sponsored by the Environment Ministry. LANDSCAPE UNITS, LA RIOJA (2003-2005) LANDSCAPE UNITS, NAVARRA (2010) ACT 7/2008 LANDSCAPE PROTECTION, GALICIA SHORTCOMINGS IN THE REGIONAL EXPERIENCE (A GLOBAL VIEW)
TIME LOST BECAUSE OF THE DELAYED ACKNOWLEDGMENT OF THE ELC (RATIFICATION 2007); THE INERTIAS OF EACH REGIONS LEGISLATIVE TRADITION HAVE SLOWED DOWN THE ELC IMPLEMENTATION. INSUFFICIENT COMMUNICATION AND COORDINATION. TERMINOLOGY PROBLEMS. BIAS TOWARDS LANDSCAPE PROTECTION AND RURAL/ECOLOGICAL/HERITAGE EXPRESSIONS OF LANDSCAPE. WEAK INTEGRATION OF LANDSCAPE POLITICS, SPECIALLY CONCERNING MANAGEMENT AND PLANNING PROVISIONS. SCARCE DEVELOPMENT OF PARTICIPATORY MEASURES AND LANDSCAPE QUALITY OBJECTIVES.
IN PRACTICAL TERMS, WHAT DOES LANDSCAPE PROVIDE?
A SHARED HERITAGE, AND A KEY CONTRIBUTOR TO QUALITY OF LIFE (WELLBEING, MENTAL AND PHYSICAL HEALTH). A GOOD ARENA FOR SETTLING TERRITORIAL CONTROVERSY. AN ELEMENT INCREASING SOCIAL COHESION AND CROSS-SECTORAL POLICY APPROACHES. AN ATTRACTOR FOR TOURISTS AND CULTURAL LIFE. HIGHER LAND VALUE AND PROPERTY PRICES. AN APPEALING FACTOR FOR HIGH-PROFILE INDUSTRY AND FIRMS. A BACKGROUND FOR LOCAL PRODUCTION, THE BASIS FOR BRANDING STRATEGIES (PROTECTED DESIGNATION OF ORIGIN (PDO); PROTECTED GEOGRAPHICAL INDICATION (PGI); TRADITIONAL SPECIALITY GUARANTEED (TSG) ). BY ASSOCIATION, INCREASED SALES.
THEREFORE, A KEY SOCIAL CAPITAL LANDSCAPE IS A KEY ELEMENT OF INDIVIDUAL AND SOCIAL WELL-BEING, AN IMPORTANT PART OF THE QUALITY OF LIFE FOR PEOPLE EVERYWHERE: IN URBAN AREAS AND IN THE COUNTRYSIDE, IN DEGRADED AREAS AS WELL AS IN AREAS OF HIGH QUALITY (ELC, PREAMBLE). CULTURAL LANDSCAPES CONTRIBUTE THROUGH THEIR ORIGINALITY TO LOCAL AND REGIONAL IDENTITY (ESDP, 151). NATURAL AND CULTURAL HERITAGE PROVIDE ECONOMIC FACTORS WHICH ARE BECOMING INCREASINGLY IMPORTANT FOR REGIONAL DEVELOPMENT (ESDP, 134). QUALITY OF LIFE, INHERENT TO A GOOD LANDSCAPE, PLAYS AN INCREASINGLY IMPORTANT ROLE IN THE LOCATION DECISIONS OF NEW COMPANIES (ESDP, 134). THE IMAGE OF A DISTINCTIVE LANDSCAPE CAN BE USED TO PROMOTE THE QUALITIES OF AN AREA FOR ATTRACTING NEW INDUSTRY, FOR TOURISM AND FOR OTHER TYPES OF ECONOMIC INVESTMENT (ESDP, 323). [ESDP = EUROPEAN SPATIAL DEVELOPMENT PERSPECTIVE, EC 1999] In Gailing, Ludger & Kilper, Heiderose (2009) Shaping cultural landscapes through regional governance, Guiding principles for spatial development in Germany, ed. Wendelin Strubelt, p. 114. WHAT SHOULD BE EXPECTED FROM THE NATIONAL GOVERNMENT THE DEVELOPMENT OF PRINCIPLES AND GOALS ALREADY INCLUDED (IF ONLY PARTIALLY) IN CURRENT BASIC LEGISLATION (PERTAINING TO THE ENVIRONMENT, HERITAGE, LAND-USE, RIVERS, LAKES AND DAMS, COASTAL AREAS...). INSPIRATION AND IMPETUS FOR FINDING NEW NECESSARY SOLUTIONS AND MEETING THE REQUIREMENTS IMPLIED BY THE COMMITMENT. STIMULUS AND COORDINATION FROM THE NATIONAL GOVERNMENT. DIRECT FUNDING OF SOCIETAL NETWORKS SUCH AS RECEP/ENELC, CIVILSCAPE, UNISCAPE. COORDINATION AND GUIDANCE FOR REGIONS, SPECIALLY IN CASES WHERE WEAK LANDSCAPE COMMITMENT, OR A LACK OF EXPERTISE IS FELT. PROMOTING LANDSCAPE COOPERATION BETWEEN NEIGHBOURING REGIONS (FRONTIER AREAS). CREATING A NATIONAL FRAME FOR GREEN INFRASTRUCTURE AND LANDSCAPE TO PROMOTE REGIONAL COOPERATION. PAYING ATTENTION TO SPECIFICALLY SPANISH LANDSCAPE TYPES (DEHESA, HUERTA: DOBRIS ASSESSMENT (1995) IN VARIETATE CONCORDIA: PROPOSED INITIATIVES AT THE REGIONAL LEVEL CROSS-LEARNING AND EMULATION AMONG REGIONS, IN THE LINE OF THE CREATIVE MANAGEMENT OF LANDSCAPE (European Spatial Development Perspective, 1999) [AN ANALOGY WITH SCANDINAVIAN ECONOMIC PLURALISM] UNIFY LANDSCAPE-POLICY LANGUAGE, TO ALLOW CROSS-LEARNING AND BENCHMARKING. AVOIDANCE OF MISTAKES, BY LOOKING AT THE EXPERIENCE OF THE MOST ADVANCED COMMUNITIES. ENSURING BETTER PUBLICITY OF SUCCESSFUL LANDSCAPE POLICIES AND GOOD PRACTICE. PROFITING FROM SOME POTENTIAL LANDSCAPE-AWARENESS DRIVERS: TOURISM AND REAL-STATE MARKET. REINFORCED LINK WITH CULTURAL ACTIVITIES; REGIONAL IDENTITY (LANDSCAPE-AWARENESS SAFEGUARDS KNOWLEDGE) THE ECONOMICS OF GEOGRAPHICAL INDICATIONS; SOCIAL NETWORKING TECHNOLOGIES. THANK YOU
Shirley Polotti, On Behalf of Herself and On Behalf of Her Infant Son, Charles F. Polotti v. Arthur S. Flemming, Secretary of Health, Education and Welfare, 277 F.2d 864, 2d Cir. (1960)
Lincoln Bank & Trust Company, A State Banking Corporation v. Exchange National Bank and Trust Company, Ardmore, Ardmore, Oklahoma, A National Banking Corporation, 383 F.2d 694, 10th Cir. (1967)