4 Underwater Landscape Put to the Test of Law
47
2. For areas under national jurisdiction (economic zone, and continental shelf beyond 200 nautical miles), the seabed and subsoil do not belong to the coastal State
which only has economic jurisdiction. This means that it has exclusive rights of
exploration, exploitation and management of the natural resources (whether living or not as far as the EEZ is concerned; for the continental shelf, such resources
may be non-living and living but must be in permanent physical contact with the
seabed). This exclusive jurisdiction is extremely broad and encompasses the conservation and protection of these areas. Therefore, while the coastal State cannot
restrict navigation and fly-over, it may restrict use in certain particularly fragile
parts, after approval by the IMO (MBC Art. 211, § 6). It may, in any case, fight
all form of pollution or destruction that would adversely affect its resources in
order to ensure the protection and preservation of the marine environment (MBC
Art. 56, 1, b, iii). The coastal States are required to publish the limits of such
particular areas and must inform the IMO of the additional laws and regulations
adopted for the prevention, reduction and control of pollution. Such rules must
correspond to generally accepted international standards.
3. The international seabed area under the high sea is governed by a specific system as it is declared “common heritage of mankind” (Art. 136 of the MBC).
Economic activities are carried out therein through the International Authority
whose Council has jurisdiction to issue mineral titles. States or economic entities
authorised by the latter must take the necessary measures to effectively protect
the marine environment. The Authority adopts rules to address risks threatening
or interfering with the ecological balance and to prevent damage to the fauna and
flora (MBC, Art. 145).
4. Wrecks of any kind are a specific case, irrespective of the area in which they
lie. In areas under national sovereignty, wrecks are protected by the Sovereign
State’s domestic law. A distinction is very often drawn firstly between modern and
historic wrecks and secondly, between civil and State-owned vessels. In all cases,
a wreck has an owner whose interests are protected by law (law of 24 November
1961) but who may be required to refloat or move the vessel if it creates a danger
for navigation or the environment. Wrecks represent a particular landscape that
is both artificial and natural. A wreck landscape may be protected by measures
introduced by the Government in the area in which it is located. Beyond areas
under national sovereignty, only historic wrecks can be protected by the 2001
UNESCO Convention (in force 2007) but solely to avoid plundering. Beyond
the limits of sovereignty, modern wrecks are only subject to special protection
rules where they are considered tantamount to burial places (Titanic, U171 for
example).
4.2.2 Specific Protection Standards
As current law has been developed for terrestrial landscapes, the first specific protective measures relate to urban planning. French law 94/112 of 9 February 1994
47
2. For areas under national jurisdiction (economic zone, and continental shelf beyond 200 nautical miles), the seabed and subsoil do not belong to the coastal State
which only has economic jurisdiction. This means that it has exclusive rights of
exploration, exploitation and management of the natural resources (whether living or not as far as the EEZ is concerned; for the continental shelf, such resources
may be non-living and living but must be in permanent physical contact with the
seabed). This exclusive jurisdiction is extremely broad and encompasses the conservation and protection of these areas. Therefore, while the coastal State cannot
restrict navigation and fly-over, it may restrict use in certain particularly fragile
parts, after approval by the IMO (MBC Art. 211, § 6). It may, in any case, fight
all form of pollution or destruction that would adversely affect its resources in
order to ensure the protection and preservation of the marine environment (MBC
Art. 56, 1, b, iii). The coastal States are required to publish the limits of such
particular areas and must inform the IMO of the additional laws and regulations
adopted for the prevention, reduction and control of pollution. Such rules must
correspond to generally accepted international standards.
3. The international seabed area under the high sea is governed by a specific system as it is declared “common heritage of mankind” (Art. 136 of the MBC).
Economic activities are carried out therein through the International Authority
whose Council has jurisdiction to issue mineral titles. States or economic entities
authorised by the latter must take the necessary measures to effectively protect
the marine environment. The Authority adopts rules to address risks threatening
or interfering with the ecological balance and to prevent damage to the fauna and
flora (MBC, Art. 145).
4. Wrecks of any kind are a specific case, irrespective of the area in which they
lie. In areas under national sovereignty, wrecks are protected by the Sovereign
State’s domestic law. A distinction is very often drawn firstly between modern and
historic wrecks and secondly, between civil and State-owned vessels. In all cases,
a wreck has an owner whose interests are protected by law (law of 24 November
1961) but who may be required to refloat or move the vessel if it creates a danger
for navigation or the environment. Wrecks represent a particular landscape that
is both artificial and natural. A wreck landscape may be protected by measures
introduced by the Government in the area in which it is located. Beyond areas
under national sovereignty, only historic wrecks can be protected by the 2001
UNESCO Convention (in force 2007) but solely to avoid plundering. Beyond
the limits of sovereignty, modern wrecks are only subject to special protection
rules where they are considered tantamount to burial places (Titanic, U171 for
example).
4.2.2 Specific Protection Standards
As current law has been developed for terrestrial landscapes, the first specific protective measures relate to urban planning. French law 94/112 of 9 February 1994