THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND THE EXACT SCIENCES LA VALORISATION DURABLE DES RESSOURCES MARINES PAR UNE INTERACTION ENTRE LE DROIT DE L’ENVIRONNEMENT ET LES SCIENCES EXACTES Professeur Alain PIQUEMAL
THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND THE EXACT SCIENCES
LA VALORISATION DURABLE DES RESSOURCES MARINES PAR UNE INTERACTION ENTRE LE DROIT DE L’ENVIRONNEMENT ET LES SCIENCES EXACTES
Professeur Alain PIQUEMAL
Doyen de la faculté de droit international et européen IDPD
Université de Nice Sophia Antipolis (France)
Several multilateral agreements or negotiations try to establish an important link between the legal principles and the scientific approach for the sustainable management of resources (fisheries i.e.) within and beyond national jurisdiction.
This approach is followed in the context of European Law, no doubt bringing added value to the Mediterranean regional level, which goes beyond the strict framework of the European Union.
The protection of the marine environment implies, previously and the adoption of legal measures, alongside a good knowledge of various scientific knowledge of the marine environment parameters. This interaction of Law and Sciences is also presented by the EU as an instrument of participation for the preservation of the marine environment for a sustainable growth.
A few examples illustrate this interaction meets a real approach to sustainable development, in the context of the "blue economy“ :Both at the multilateral general level (Part I),And at the level of the EU approach (Part II).
AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND THE EXACT SCIENCES AT THE MULTILATERAL GENERAL LEVEL (PART I),A few examples illustrate this link : On 21 April 2012, 94 States established the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services as an independent intergovernmental body to strengthen the science-policy interface for biodiversity and ecosystem services for the conservation and sustainable use of biodiversity, long-term human well-being and sustainable development.
The United Nations Conference on Sustainable Development called for effective application of an ecosystem approach and the precautionary approach, in accordance with international law, in the management of activities having an impact on the marine environment. At the global level, FAO has continued to assist in the implementation of the ecosystem approach to fisheries and aquaculture at the national and regional levels. A tool box to assist the implementation of the ecosystem approach to fisheries has been developed.
The Convention on Biological Diversity (CBD) is developing this approach through the identification of “ecologically or biologically significant marine areas ». At its sixteenth meeting, the Subsidiary Body on Scientific, Technical and Technological Advice of the Conference of the Parties to the CBD adopted recommendation XVI/4,entitled “Marine and coastal biodiversity: ecologically or biologically significant marine areas”.The South East Atlantic Fisheries Organization reported that the ecosystem approach is incorporated in its Convention.
The Permanent Commission for the South Pacific also reported that it is now using an ecosystem approach in undertaking assessments on the impacts of economic activities on critical marine habitats in the Region. The twenty-sixth session of the IOC Assembly endorsed programmes objectives for the IOC-UNESCO Integrated Coastal Area Management Programme, which include further development of ecosystem-based management and the large marine ecosystem approach.
CONCLUSION regarding the link between the legal principles and the scientific approach for the sustainable management of marine resources within and beyond national jurisdiction. These scientific approaches for the sustainable management of marine resources, especially fisheries can offer a support to the international law and its evolutions and implementation of UNCLOS for a better management of sustainable development.Such an approach closely combining law and science can also help to reduce conflict in the exploitation of the marine resources (fisheries but also mineral resources) within and outside national jurisdiction
AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND THE EXACT SCIENCES AT THE LEVEL OF THE EU APPROACH (PART II)The EU protectsand preserves the marine environment by establishing an original legalframeworkcloselyassociating the exact sciences tofacilitate the sustainabledevelopment.
THREE EXAMPLES OF THIS EUROPEAN APPROACH:1. The interaction between the law, the economy and the exact sciences: «Marine Knowledge 2020»2 The « global » legaland scientistapproach : the « Marine Strategy Framework Directive» and the « Maritime Spatial Planning»3 The « regional » legal and scientificapproach(Mediterranean, Baltic, East-Center Atlantic, i.e.)
1. The interaction between the law, the economy and the exact sciences: «Marine Knowledge 2020»- The knowledgeisnecessary to the achievement of good environmentalstatus of the marine waters in accordance with the framework directive “strategy for the marine environment”, whichis the component of the integrated maritime policydevoted to the environment. - The knowledgeis a fundamental component of the EU plan to incorporate the marine and maritime research and contributes to the achievement of the European digital strategy (communication page 4).
2 The « global » legal and scientistapproach : the « Marine Strategy Framework Directive» (2008) and the « Maritime Spatial Planning» (2013)-This directive sought for 2011 "the sustainable use of the seas and conservation of marine ecosystems" via an integratedframeworklaying down operational guidelines and specificmeasures. - MemberStates sharing a marine regionshoulddevelop - in close cooperation - plans for a “good ecologicalstatus” of their maritime waters, relying on detailed the State of the marine environmentassessments and defining actions to beundertaken and the objectives to beachieved.
- This global approach from "marine environment" is complemented by a strictly “space” approach to planning of maritime space, for the purposes of controlling human activities engaged for the purpose of making them more sustainable and effective. Also, in March 2013, the Commission proposed legislation to create a common framework for “maritime spatial planning and integrated coastal zone management”. - Such a device is part of European efforts to promote a sustainable "blue economy". The objectives of this schedule are before any economic (encourage investment, especially), but also the protection of the marine environment.
3) THE « REGIONAL » LEGAL AND SCIENTIFIC APPROACH (MEDITERRANEAN, BALTIC, EAST-CENTER ATLANTIC, I.E.)Example: The strategy for the Mediterranean SeaThe Mediterranean dimension of the integrated EU maritime policy focuses on strengthening cooperation and governance in order to foster sustainable growth in this region. The implementation of the strategy is facilitated by a set of measures and tools specific to that area.
Communication from the Commission on November 11, 2009, "For a better governance in the Mediterranean through an integrated maritime policy” : This strategy is based according to the Commission on the improvement of the governance of Maritime Affairs that must reconcile economic development with the protection of the environment. The success of this policy naturally requires strengthening and improvement of cooperation with third countries in the whole of the area.
But for the Commission, in its communication, this is not enough. "Policymakers must further take into account the links that exist between the different maritime activities. This new design of the maritime policy should "encourage abandoning the sectoral actions to favor a comprehensive global approach”.
Under the terms of the abovementioned communication from the Commission, new actions should particularly include:• encourage stakeholders and administrations to define more comprehensive maritime affairs priorities;• to strengthen cooperation between stakeholders and administrations in all sectors related to the marine sector, in the entire Mediterranean basin;• help the Member States to exchange best practice through existing Community funding for territorial cooperation.
CONCLUSION• Both the international instruments mentioned above that of the EU integrated maritime approach reflect a sustainable development of marine resources involving interaction between environmental law and the exact sciences for sustainable development.