Maritime Public Domain: Balancing Environmental Protection and Economic Development
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Themes
Maritime public domain, coastal areas, environmental protection, economic development, regulatory constraints, General Code of Public Property, CGPPP, France, European integration
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Abstract
The maritime public domain is a necessary framework to protect the environment of coastlines, but its strict legal framework raises questions about its compatibility with economic development.
Extract
[...] The existence of the public maritime domain: is it a constraint to economic development? - Introduction and detailed plan Introduction: Accroche : Definition of terms: existence = manifestation of legal and concrete effects of an element / public maritime domain = ensemble of goods belonging to the State or public authorities, characterized by its inalienability and public use. It is composed: coastlines of the sea, lais, sea relays and accessible water areas for navigation. Its legal framework allows for specific protection of the related environment. [...]
[...] From a semantic point of view, the maritime public domain (or DPM) corresponds to a set of goods belonging to the State or public authorities, characterized by its inalienability and assignment to public use. It is notably composed of: the shores of the sea, the lais, the sea relays and the expanses of water accessible for navigation. Its legal framework allows for specific protection of the related environment. It is notably governed by the General Code of Public Property (CGPPP). This regime aims to ensure the preservation of the DPM for the general interest, but it raises questions about its compatibility with the requirements of economic development. [...]
[...] The maritime public domain: a necessary framework to protect the environment of the coastlines II. An evolution towards a reduction of the regulatory constraints as a lever for economic development Why? (I.1 Why protect the maritime public domain?) Problems (II.1 The deleterious effects of overregulation) I.1.1 A manifestation of the state's sovereignty and its action at sea II.1.1 An uncontrolled administrative burden and a 'cost of the norm' I.1.2 A necessary protection of the coastlines II.1.2 Conflicts of use between actors I.1.3 A delimitation of public/private domains II.1.3 An intrusion of the EU (European directive 'Habitat-Faune-Flore') What? [...]
[...] II.2.1 Simplify procedures by verticalizing them ( [...]
