46
J.-P. Beurier
“landscapes” law is designed, inter alia, to complete the “littoral” law. There is
therefore evidence to contend that, although legal provisions protecting landscapes
do not expressly provide for the underwater relief, they can, if necessary, apply
to the sublittoral zone, particularly as maintaining landscape quality contributes to
building environmental corridors (Stein 2003) the importance of which is upheld by
the Council of Europe.
4.2 Underwater Landscape Managed by Law
While nothing prevents landscape protection law from applying to the underwater
relief, we must still determine how such protection would be managed. We must
first determine the legal nature of the target territory, before drawing conclusions as
to the legal system applicable to it. In France, we first have the seabed and subsoil
of inlands waters and the territorial sea, forming a portion of the natural maritime
public property; there are then outstanding areas located beyond that, in the exclusive
economic zone or on the continental shelf over which the coastal State has exclusive
economic jurisdiction. Lastly, with regard to the Montego Bay Convention (MBC),
the territory includes the soil of the international area, described as common heritage
of mankind and managed by the International Seabed Authority.
4.2.1 Specific Territories
Law distinguishes between several types of territory based on their distance from the
coast. Wrecks are a special case considered separately.
1. For areas under national sovereignty (inland waters and territorial sea), the seabed
and the subsoil are incorporated into the natural maritime public property. They are
therefore non-conveyable, inalienable and freely accessible to the public unless
the area in question is allocated to a public service. Although incorporated into
the territory of coastal towns (Council of State ruling, Saint-Quay-Portrieux,
1983), the Government directly manages its non-allocated property. However,
maritime public property is not excluded from the application of general urban
planning and environmental protection rules. Decisions concerning the use of
such property therefore integrate requirements for safeguarding coastal sites and
landscapes as well as biological resources (French Environment Code Art. L
321-5). Specific coastal land planning and protection policy aims, inter alia,
to protect biological and ecological balances, to fight erosion, and to conserve
sites, landscapes and heritage (Environment Code Art. L 321-1, 2
◦ ). Thus, even
though the Government strives to manage maritime property to serve its economic
interests (marine culture, pleasure boating, harbours, material extraction, energy
production), the goal of preserving the natural environment remains essential.
Moreover, containment grants have become an exception (Decree of 29 June
1979) and can no longer give rise to conveyance.
J.-P. Beurier
“landscapes” law is designed, inter alia, to complete the “littoral” law. There is
therefore evidence to contend that, although legal provisions protecting landscapes
do not expressly provide for the underwater relief, they can, if necessary, apply
to the sublittoral zone, particularly as maintaining landscape quality contributes to
building environmental corridors (Stein 2003) the importance of which is upheld by
the Council of Europe.
4.2 Underwater Landscape Managed by Law
While nothing prevents landscape protection law from applying to the underwater
relief, we must still determine how such protection would be managed. We must
first determine the legal nature of the target territory, before drawing conclusions as
to the legal system applicable to it. In France, we first have the seabed and subsoil
of inlands waters and the territorial sea, forming a portion of the natural maritime
public property; there are then outstanding areas located beyond that, in the exclusive
economic zone or on the continental shelf over which the coastal State has exclusive
economic jurisdiction. Lastly, with regard to the Montego Bay Convention (MBC),
the territory includes the soil of the international area, described as common heritage
of mankind and managed by the International Seabed Authority.
4.2.1 Specific Territories
Law distinguishes between several types of territory based on their distance from the
coast. Wrecks are a special case considered separately.
1. For areas under national sovereignty (inland waters and territorial sea), the seabed
and the subsoil are incorporated into the natural maritime public property. They are
therefore non-conveyable, inalienable and freely accessible to the public unless
the area in question is allocated to a public service. Although incorporated into
the territory of coastal towns (Council of State ruling, Saint-Quay-Portrieux,
1983), the Government directly manages its non-allocated property. However,
maritime public property is not excluded from the application of general urban
planning and environmental protection rules. Decisions concerning the use of
such property therefore integrate requirements for safeguarding coastal sites and
landscapes as well as biological resources (French Environment Code Art. L
321-5). Specific coastal land planning and protection policy aims, inter alia,
to protect biological and ecological balances, to fight erosion, and to conserve
sites, landscapes and heritage (Environment Code Art. L 321-1, 2
◦ ). Thus, even
though the Government strives to manage maritime property to serve its economic
interests (marine culture, pleasure boating, harbours, material extraction, energy
production), the goal of preserving the natural environment remains essential.
Moreover, containment grants have become an exception (Decree of 29 June
1979) and can no longer give rise to conveyance.