4 Underwater Landscape Put to the Test of Law
43
Cave, cavity and arch
escarpment, ascent
Submarine wall,
(rock, bio-construction)
(sand, mud, etc.)
Soft bottom
grass beds
Soft bottom and
Scree
Rocky overhang
Canyon or
Shelf break
Littoral rock
Original drawing by O. Musard
Fig. 4.1 Schematic cross-sectional drawing of the principal types of “natural” underwater
landscapes. (Source: Musard et al. 2007)
Admittedly, a landscape implies surveying a panoramic view, which is impossible in
the underwater world due to the turbidity of water. A diver, however, or a submariner
can easily and gradually discover the landscape (Musard et al. 2007). On a legal level,
no instrument recognises underwater landscape per se. We must therefore reason by
analogy and determine the law-maker’s or plenipotentiaries’ actual intent.
4.1.1 An Ambiguous Definition
Today, instruments are in force to protect landscapes both in international law, and
in Community and domestic law. As this legislation was developed for terrestrial
landscapes, can the criteria be transposed without distorting the content of their
provisions?
Landscapes in the sublittoral zone are all located in national waters or possibly in
the territorial waters of the coastal State, therefore in areas over which the government exercises control. It has full authority to lay down rules for the conservation,
protection, restoration and enhancement of such sites. An outstanding underwater
landscape will consist of an area of high ecological quality and extensive biodiversity,
and could therefore come within the scope of “national natural heritage” defined by
the Bern Convention of 19 September 1979 on the conservation of European wildlife
and natural habitats. That Convention requires States “to maintain the population of
wild flora and fauna at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of recreational requirements”
(Art. 2). As we have seen, the 1972 UNESCO Convention also provides for identifying the elements of world heritage and requires States to take conservation measures
(Art. 3). The United Nations Convention on the law of the sea of 10 December 1982
43
Cave, cavity and arch
escarpment, ascent
Submarine wall,
(rock, bio-construction)
(sand, mud, etc.)
Soft bottom
grass beds
Soft bottom and
Scree
Rocky overhang
Canyon or
Shelf break
Littoral rock
Original drawing by O. Musard
Fig. 4.1 Schematic cross-sectional drawing of the principal types of “natural” underwater
landscapes. (Source: Musard et al. 2007)
Admittedly, a landscape implies surveying a panoramic view, which is impossible in
the underwater world due to the turbidity of water. A diver, however, or a submariner
can easily and gradually discover the landscape (Musard et al. 2007). On a legal level,
no instrument recognises underwater landscape per se. We must therefore reason by
analogy and determine the law-maker’s or plenipotentiaries’ actual intent.
4.1.1 An Ambiguous Definition
Today, instruments are in force to protect landscapes both in international law, and
in Community and domestic law. As this legislation was developed for terrestrial
landscapes, can the criteria be transposed without distorting the content of their
provisions?
Landscapes in the sublittoral zone are all located in national waters or possibly in
the territorial waters of the coastal State, therefore in areas over which the government exercises control. It has full authority to lay down rules for the conservation,
protection, restoration and enhancement of such sites. An outstanding underwater
landscape will consist of an area of high ecological quality and extensive biodiversity,
and could therefore come within the scope of “national natural heritage” defined by
the Bern Convention of 19 September 1979 on the conservation of European wildlife
and natural habitats. That Convention requires States “to maintain the population of
wild flora and fauna at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of recreational requirements”
(Art. 2). As we have seen, the 1972 UNESCO Convention also provides for identifying the elements of world heritage and requires States to take conservation measures
(Art. 3). The United Nations Convention on the law of the sea of 10 December 1982