42
J.-P. Beurier
may be adopted to protect the fauna, flora and the scenery, geological formations and
natural objects of aesthetic, historic or scientific value (Art. 5). Here, the law directly
integrates the landscape concept and seeks to prevent its impairment. This is also
the case of the Paris Convention of 16 November 1972 concerning the protection
of world cultural and natural heritage. This instrument recognises natural features
(physical and biological formations, natural sites or areas) of outstanding universal
value from an aesthetic or scientific point of view as world natural heritage. Together
with the natural beauty of sites, it is this value that must be transmitted to future generations (Art. 2). Although the Convention does not include the word ‘landscape’,
we understand that the visual quality of a site is an intrinsic part of the “natural heritage”. More recent conventions are more explicit and require the Parties to protect
landscapes (Apia Convention of 12 June 1976 for the conservation of nature in the
South Pacific; Benelux Convention of 8 June 1982 on nature conservation and landscape protection). The convention on the protection of the Alps signed in Salzburg
on 7 November 1991 goes a step further, providing not only for the protection of
landscapes but also for their restoration where necessary. The Convention uses the relatively non-legal and subjective phrase “beauty of nature and landscapes” (Art. 2- f)
to require the conservation, promotion and upkeep thereof owing to their aesthetic
character, but also because they have been shaped by man.
Specific legislation on landscape came into force in France on 8 January 1993 with
the law on the protection and enhancement of landscapes, and at European level, with
the European Landscape Convention of the Council of Europe adopted in Florence on
20 October 2000
1 . Whether they implicitly or explicitly include landscape protection,
all these pieces of legislation have been devised and developed by landsmen for
territories on land. Since there is now no doubt that landscape is an object of law,
the question arises of whether such texts can be applied to maritime or marine areas,
under State rule or jurisdiction. Can landscapes formed by submerged territories be
taken into account by law and, if so, which legal system can we apply to conserve
them, and even ensure their restoration and transmission to future generations?
We will therefore begin by exploring legal recognition of underwater landscapes,
and secondly the management thereof by law.
4.1 Legal Recognition of Underwater Landscapes
We have seen (Beurier 2002) that underwater landscapes exist and are extremely
varied; they are primarily located in the sublittoral zone, within reach by scuba
diving, where eight main types have been inventoried (Fig. 4.1), plus wrecks and
artificial reefs. In the open sea, cliffs and canyons of the continental slope, sea mounts,
hydrothermal springs, and hard grounds of cold-water coral are identified. Lastly,
beyond the polar circles, there are ephemeral landscapes of ice and subglacial reliefs.
1 Council of Europe, Series of European Treaties 176 (in force since 1 July 2006, 29 ratifications
in 2011).
J.-P. Beurier
may be adopted to protect the fauna, flora and the scenery, geological formations and
natural objects of aesthetic, historic or scientific value (Art. 5). Here, the law directly
integrates the landscape concept and seeks to prevent its impairment. This is also
the case of the Paris Convention of 16 November 1972 concerning the protection
of world cultural and natural heritage. This instrument recognises natural features
(physical and biological formations, natural sites or areas) of outstanding universal
value from an aesthetic or scientific point of view as world natural heritage. Together
with the natural beauty of sites, it is this value that must be transmitted to future generations (Art. 2). Although the Convention does not include the word ‘landscape’,
we understand that the visual quality of a site is an intrinsic part of the “natural heritage”. More recent conventions are more explicit and require the Parties to protect
landscapes (Apia Convention of 12 June 1976 for the conservation of nature in the
South Pacific; Benelux Convention of 8 June 1982 on nature conservation and landscape protection). The convention on the protection of the Alps signed in Salzburg
on 7 November 1991 goes a step further, providing not only for the protection of
landscapes but also for their restoration where necessary. The Convention uses the relatively non-legal and subjective phrase “beauty of nature and landscapes” (Art. 2- f)
to require the conservation, promotion and upkeep thereof owing to their aesthetic
character, but also because they have been shaped by man.
Specific legislation on landscape came into force in France on 8 January 1993 with
the law on the protection and enhancement of landscapes, and at European level, with
the European Landscape Convention of the Council of Europe adopted in Florence on
20 October 2000
1 . Whether they implicitly or explicitly include landscape protection,
all these pieces of legislation have been devised and developed by landsmen for
territories on land. Since there is now no doubt that landscape is an object of law,
the question arises of whether such texts can be applied to maritime or marine areas,
under State rule or jurisdiction. Can landscapes formed by submerged territories be
taken into account by law and, if so, which legal system can we apply to conserve
them, and even ensure their restoration and transmission to future generations?
We will therefore begin by exploring legal recognition of underwater landscapes,
and secondly the management thereof by law.
4.1 Legal Recognition of Underwater Landscapes
We have seen (Beurier 2002) that underwater landscapes exist and are extremely
varied; they are primarily located in the sublittoral zone, within reach by scuba
diving, where eight main types have been inventoried (Fig. 4.1), plus wrecks and
artificial reefs. In the open sea, cliffs and canyons of the continental slope, sea mounts,
hydrothermal springs, and hard grounds of cold-water coral are identified. Lastly,
beyond the polar circles, there are ephemeral landscapes of ice and subglacial reliefs.
1 Council of Europe, Series of European Treaties 176 (in force since 1 July 2006, 29 ratifications
in 2011).