Institut du développement durable et des relations internationales

27 rue Saint-Guillaume – 75337 Paris Cedex 07 - France

www.iddri.org

Raphaël Billé, IDDRI

Analyzing and promoting ICZM implementation beyond legal issues

Regional MedPartnership workshop on harmonizing the national legal and institutional framework with the ICZM Protocol

Zagreb, 4 December 2012

MedPertnaership Workshop 2

1. Introduction

2. Two contrasted examples

3. Limits to legal compliance

4. How to go beyond legal compliance

5. Conclusion

Outline

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Introduction

Rationale of the ICZM Protocol:

• Implementing ICZM in the Mediterranean

The Protocol is an instrument

Underlying idea / assumption

• By complying with the Protocol obligations, Parties make a significant step towards ICZM implementation

But:

Implementing ICZM does not start nor end with legal compliance with the Protocol

MedPertnaership Workshop 4

Ratified the Protocol in September 2009

Almost compliant (mainly lacking a national ICZM strategy)

But is coastal management integrated in France?

Or will it be once full legal compliance is reached?

Two contrasted examples: France and Lebanon1. France (1/2)

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Case study in the Languedoc-Roussillon Region:• Exaggerated flexibility for building permits• Despite the coastal law, land conversion continues• Problems of law enforcement (SUVs in coastal ecosystems including beaches,

fisheries (!), sailboats anchoring, beach concessions, illegal buildings, “shed(isation)”…)

• Coherence issues between public policies: development pays for protection, infrastructures in wetlands or Natura 2000 sites, mass tourism…

• Over-representation of some stakeholders and under-representation of others• Vote-catching, conflicts of interests / scales (e.g. poor management of

sediments and erosion)• Weaknesses / proliferation of consultative processes

A national ICZM strategy (and other adjustments) will help (e.g. coherence of public policies) – But will not be enough

Need to use the Protocol as a political lever – for all stakeholders

Two contrasted examples: France and Lebanon1. France (2/2)

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Neither signed nor ratified

Significant issues of law implementation:

• Public maritime domain extensively privatised

• No free access to the shore in most coastal areas

• Poor waste water management

Ongoing discussions about the Protocol

Legal compliance not directly relevant? Not the main issue?

But stakeholders keen on using the Protocol to call for changes

Two contrasted examples: France and Lebanon2. Lebanon

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1. Informal arrangements/processes:

• Working relations between sectoral administrations

• Coordination

• Science-management interfaces

• ...

1. “Balanced” governance:

• Counter-powers, capacity and weight of NGOs, training of judges…

Limits to legal compliance (1/2)

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3. Implementation:

• What happens with laws or decrees once they are passed?

4. Sectoral policies:

• The Protocol contains some important provisions about the regulation/adaptation of sectoral policies

• But never that simple – the Protocol will not be the main driver of sectoral policies (agriculture, energy, extractive industries…)

• Contradictions are part of the reality – the norm rather than the exception

Limits to legal compliance (2/2)

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How to go beyond legal compliance?Analysis of coastal management systems

Means looking into:

• Issues: not to be left out

• Instruments: in all their variety, whatever their initial purpose

• Implementation: How are these instruments implemented?

• Actual integration:

– What is the level of integration in the way the coast is managed?

– Which integration dimensions are satisfactorily dealt with (e.g. integration between science and management)?

– Where are the weaknesses and inconsistencies (e.g. impact of agriculture on shellfish farming)?

– What is the current trend?

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Legal compliance is an obligation but not the panacea

It is not sufficient for full ICZM implementation

Focus on issues, implementation, enforcement and incentives

Use the Protocol as an instrument to meet your needs – however diverse

Conclusion

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Thank you

Institut du développement durable et des relations internationales41 rue du Four75 337 Paris (France)

Dr. Raphaël Billé+ 33 1 45 49 76 64raphael.bille@iddri.org