WATER, AIR AND THE SEA IN ROMAN LAW: THE CONCEPT OF RES COMMUNES OMNIUM AND THE CHALLENGES OF LEGAL REGULATION
WATER, AIR AND THE SEA IN ROMAN LAW: THE CONCEPT OF RES COMMUNES OMNIUM AND THE CHALLENGES OF LEGAL REGULATION

Summary/Abstract: The issue of managing goods under the res communes omnium regime finds its origins in Roman law. The practically minded jurists of antiquity recognized, even in the early stages of civilization, the necessity of providing special protection for goods such as the sea, rivers, lakes, and air. The development of this protective framework has been long and remains unfinished, owing to the growing significance of ecology and sustainable development, which today serve as essential points of reference both in law and in public policy. This paper traces that evolutionary path of protection from antiquity to the present moment when Roman ius has assumed the form of modern lex. The first part explores the beginnings of the res communes omnium concept through the writings of Roman jurists and specific examples drawn from their legal practice. The second part examines how the protection of goods within this regime is regulated in the Republic of Croatia, with special attention to maritime domain, given that Croatia is primarily a maritime country. Following the Croatian example, the paper analyzes the protection of such goods in Italy, Spain, and Austria. The first two countries directly inherit the Roman concept of res communes omnium, while the Austrian system, although not identical, shares numerous points of contact and represents a model of coherent governance. The conclusion synthesizes the principal findings, emphasizing the extent to which Roman law solutions have been received and adapted in the examined jurisdictions. Methodologically, the paper rests upon a comparative approach, allowing for a comprehensive understanding of the similarities and differences between ancient and modern legislative frameworks.

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