1. 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

2. MedPertnaership Workshop 2 1.Introduction 2.Two contrasted examples 3.Limits to legal compliance 4.How to go beyond legal compliance 5.Conclusion Outline

3. MedPertnaership Workshop 3 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

4. 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 Lebanon 1. France (1/2)

5. MedPertnaership Workshop 5 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 Lebanon 1. France (2/2)

6. MedPertnaership Workshop 6 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 Lebanon 2. Lebanon

7. MedPertnaership Workshop 7 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)

8. MedPertnaership Workshop 8 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)

9. MedPertnaership Workshop 9 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?

10. MedPertnaership Workshop 10 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

11. MedPertnaership Workshop 11 Thank you Institut du développement durable et des relations internationales 41 rue du Four 75 337 Paris (France) Dr. Raphaël Billé + 33 1 45 49 76 64 raphael.bille@iddri.org