Chapter 4
Underwater Landscape Put to the Test of Law
Jean-Pierre Beurier
Abstract Landscape is “what we see of the land”; it is the human view of the
world. For a long time, law recognised landscape indirectly: for example the 1930
French law on the protection of sites protects our view of a listed site as a supporting
measure. International law has also contributed indirectly to protecting landscapes
(1940 Washington Convention and the 1972 Paris Convention). The visual quality
of a natural site is part of the legacy we must leave for future generations. Since the
French law introduced in 1993 and the Florence Convention of 2000, law now protects
landscapes per se. But can that protection be extended to underwater landscapes that
we do not directly see?
Keywords Montego Bay Convention · European Landscape Convention · Coral
reef · Natural heritage · Wrecks
Landscape can be defined as “what we see of the land”, an expanse presenting a
general view. Landscape is defined according to our human perception of it. It represents the human view of the world (Beurier 2002). During the twentieth century,
landscape was indirectly recognised by law through the protection of sites, but it was
not expressly mentioned by the lawmaker until the end of the century. French law
of 2 May 1930 on the protection of natural sites and monuments set the tone: the
law must protect outstanding sites from all intentional or other forms of destruction,
owing to their artistic, historic, scientific, legendary or picturesque nature. Listed
sites are subject to restrictions such that no change may be made to their appearance
and their character may not be impaired by advertising or camping facilities for instance. In addition to preserving sites themselves, the law clearly protects our view
of them by establishing urban planning restrictions. The landscape of which a site is
part must also be preserved. International law subsequently addressed the question
more directly and on 12 October 1940, the Washington Convention on the protection
of nature and the panoramic beauty of America was signed. The convention creates
protected areas in which wildlife and “nature monuments” are protected and any
form of trade controlled (Art. 2); but it also provides that outside such areas, rules
J.-P. Beurier ()
Nantes University, Nantes, France
e-mail: jean-pierre.beurier@univ-nantes.fr
O. Musard et al. (eds.), Underwater Seascapes, DOI 10.1007/978-3-319-03440-9_4,
41
© Springer International Publishing Switzerland 2014
Underwater Landscape Put to the Test of Law
Jean-Pierre Beurier
Abstract Landscape is “what we see of the land”; it is the human view of the
world. For a long time, law recognised landscape indirectly: for example the 1930
French law on the protection of sites protects our view of a listed site as a supporting
measure. International law has also contributed indirectly to protecting landscapes
(1940 Washington Convention and the 1972 Paris Convention). The visual quality
of a natural site is part of the legacy we must leave for future generations. Since the
French law introduced in 1993 and the Florence Convention of 2000, law now protects
landscapes per se. But can that protection be extended to underwater landscapes that
we do not directly see?
Keywords Montego Bay Convention · European Landscape Convention · Coral
reef · Natural heritage · Wrecks
Landscape can be defined as “what we see of the land”, an expanse presenting a
general view. Landscape is defined according to our human perception of it. It represents the human view of the world (Beurier 2002). During the twentieth century,
landscape was indirectly recognised by law through the protection of sites, but it was
not expressly mentioned by the lawmaker until the end of the century. French law
of 2 May 1930 on the protection of natural sites and monuments set the tone: the
law must protect outstanding sites from all intentional or other forms of destruction,
owing to their artistic, historic, scientific, legendary or picturesque nature. Listed
sites are subject to restrictions such that no change may be made to their appearance
and their character may not be impaired by advertising or camping facilities for instance. In addition to preserving sites themselves, the law clearly protects our view
of them by establishing urban planning restrictions. The landscape of which a site is
part must also be preserved. International law subsequently addressed the question
more directly and on 12 October 1940, the Washington Convention on the protection
of nature and the panoramic beauty of America was signed. The convention creates
protected areas in which wildlife and “nature monuments” are protected and any
form of trade controlled (Art. 2); but it also provides that outside such areas, rules
J.-P. Beurier ()
Nantes University, Nantes, France
e-mail: jean-pierre.beurier@univ-nantes.fr
O. Musard et al. (eds.), Underwater Seascapes, DOI 10.1007/978-3-319-03440-9_4,
41
© Springer International Publishing Switzerland 2014