The French Ecologic Protection Zone - Developing Marine Environmental Protection in International Law

University essay from Lunds universitet/Juridiska institutionen

Abstract: In 2003 France introduced an ecologic protection zone off its Mediterranean coast. In that zone France has jurisdiction regarding environmental protection. This thesis will examine whether the zone is in conformity with existing international law and whether it was a necessary measure despite all the existing environmental protection in the Mediterranean Sea area. The thesis is structured as a combined descriptive and analytical study of French and international environmental law applicable to French maritime areas, especially the Mediterranean. The French law will be described to explain which changes are done in French law and which competences were added. In order to examine whether the changes made are in consistency with existing international law relevant provisions in three conventions applicable to the Mediterranean Sea area&semic UNCLOS, MARPOL and the Barcelona Convention, will be described. The thesis also includes a chapter on different threats to the marine environment in French waters to explain why there is a need of protection and preservation of the marine environment. Another chapter will explain the function of being proclaimed a Special Area to give a complete picture of existing protection in the Mediterranean. The examination of existing environmental protection shows that it presupposes implementation through national legislation. National initiatives like this one are necessary for their function. The French law follows the provisions set out in UNCLOS for an exclusive economic zone and it aims to enforce internationally acknowledged conventions such as MARPOL and the Barcelona Convention. Therefore the French law must be considered to be in conformity with existing international law.

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