the pyrenees: missing a convention? · the pyrenees: missing a convention? ... horror movie (2)...
TRANSCRIPT
![Page 1: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/1.jpg)
THE PYRENEES: MISSING A CONVENTION?
Agustín García Ureta
Faculty of Law (Biscay), University of the Basque Country, Bilbao
![Page 2: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/2.jpg)
(1) BASIC DATA: GEOGRAPHY, SPECIES AND
INFRASTRUCTURES
![Page 3: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/3.jpg)
BASIC DATA
• (a) Mountain chain of approximately
55,000 km2 between France, Spain
and the Principality of Andorra.
• (b) The chain extends for 450 kms.,
from the Bay of Biscay to the
Mediterranean Sea.
• (c) The central section of the chain is roughly 150 kms wide.
![Page 4: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/4.jpg)
BASIC DATA
• Wide presence of species:
– About 64 species of mammals, including a limited number of bears.
– Approximately 3,000 species of plants found in the Pyrenees (200 are endemic).
• Few remaining (and thinning) glaciers
(21) above 3,000 metres.
![Page 5: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/5.jpg)
BASIC DATA: TRANSPORT
• Difficulties to overcome the chain:
– Main passes run basically in the valleys at the western and eastern ends of the Pyrenees, respectively, near sea level.
– Increasing road transport of goods.
– Future railway crossing through the central section of the belt.
– Lack of overall transport policy on both sides of the range.
![Page 6: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/6.jpg)
HORRORHORROR
MOVIEMOVIE
(2) STATES INVOLVEDAND CROSS-BORDER ORGANISATIONS
![Page 7: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/7.jpg)
SPAIN
Decentralised structure:
– Different authorities adopting diverse policy decisions, e.g., town planning.
– There is no law specifically devoted to mountain ranges.
– Current nature protection Law neglects the
position of mountains.
– Lack of common institutions embracing the
regions affected by the Pyrenees, although
this is not legally unfeasible.
![Page 8: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/8.jpg)
FRANCE
• Centralised structure, despite transfer of powers to sub-State authorities in the last decades.
• Existence of Mountains law (1985, 2005)
– Mountains do have a distinctive position in the
French legal order, e.g., Pyrenees.
– Specific institutions dealing with mountains’
needs.
– Disperse provisions in different Codes.
– Institutional deadlocks requiring review, as
acknowledged by the French Government in
2009.
![Page 9: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/9.jpg)
ANDORRA
• No member of EU.
• Very limited ratification of environmental conventions, e.g., CDB (1992); Berna (1979).
• Likely difficulties to adopt extensive and complex legal framework for a tiny country.
• A Convention-(subsequent) Protocol approach would allow for adaptation.
![Page 10: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/10.jpg)
CROSS BORDER ORGANISATIONS
• Piecemeal approach.
• Lack of transparency
• Scant information regarding their activities.
• Need for much more concentrated institutions, e.g., Conference of the Parties to a future Convention.
![Page 11: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/11.jpg)
YOU ARE HEREYOU ARE HERE
(3) WHICH INSTRUMENT?
![Page 12: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/12.jpg)
WHICH INSTRUMENT? CHARTER
• (A) Agreement of understanding (Charter, soft law) between the three States and perhaps with the participation of the EU.– First step leading to a convention? States
may conceive it as a sufficient step.
– Adequate to avoid ratification difficulties.
– Difficulties to rely on the agreement for further actions due to the lack of teeth.
– Not adequate for existing needs/and problems of the mountain range.
![Page 13: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/13.jpg)
WHICH INSTRUMENT? CONVENTION
• (B) International Convention with the
participation of the EU.
– The Pyrenees as a chain deserving
particular attention before the States and also at international level.
– Despite the lack of strictly binding rules, it could be regarded as the most
appropriate/effective instrument in terms of
format, reach and also from an institutional
viewpoint.
![Page 14: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/14.jpg)
WHICH INSTRUMENT? CONVENTION
– It may demand much more time for drafting
but once adopted it would become the basic legal reference for the Pyrenees.
– Starting point for further protocols like the Alps Convention.
– Instrument including further and specific
criteria for interpretation of internal rules,
e.g., development consent, transport
infrastructures.
![Page 15: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/15.jpg)
WHICH INSTRUMENT? CONVENTION
– Common institutional framework
– COP as a forum for discussion concerning
the whole range of themes.
• Availability of diverse committees
focusing on specific matters/areas.
– Mechanism for monitoring real application
of policies.
![Page 16: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/16.jpg)
NUDIST BEACH
COMMON THEMES TO TACKLE IN A FUTURE CONVENTION
![Page 17: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/17.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (1) Spatial planning rules
–Need to harmonise policies not merely to “encourage” possible harmonisation.
–Common principles regarding overall territorial but also urban policies.
–Limitations on the use of fresh portions of the territory.
![Page 18: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/18.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (2) Transport
–Lack of overall perspective.
–Nowadays, transport policy is mainly
concerned with overcoming the
mountain range.
–Need to apply similar principles as
those enshrined in the Alps
Convention, e.g., transfer of freight
from road to railways.
![Page 19: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/19.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (3) Cross-border network of protected
areas
– Need for joint management structures for
common nature protection areas (so far
meetings twice a year) and common plans regarding management of species.
– Need for a specific category for the Pyrenees (mainly to highlight the range).
![Page 20: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/20.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (4) Landscape planning (underdeveloped policy)
– Connectivity of areas.
– Priority of nature landscapes over artificial
use of the territory.
– Creation of a specific category for the Pyrenees.
![Page 21: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/21.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (5) Energy.
– Difficulties to adopt an instrument going
beyond general principles on this matter:
• Saving of energy.
• Reliance on local sources whilst respecting
the environment.
• Renewable sources not encroaching upon
other interests, landscape, species.
• Test field for new approaches.
![Page 22: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/22.jpg)
COMMON THEMES DESERVING A CONVENTION AND PROTOCOLS
• (6) Economic activities
– Local knowledge as an inspiring principle (CBD).
– Need to overcome the equation development= tourism.
– Imbalance between ski activities and other areas, e.g., agriculture/forestry.
– Support for mountain products relying on existing instruments, e.g., European Charter of Mountain Quality Food products (distinctive category with specific characteristics).
![Page 23: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/23.jpg)
CONCLUDING REMARKS
![Page 24: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/24.jpg)
CONCLUDING REMARKS
• (a) Mountain range subject to increasing pressure.
• (b) EU rules not sufficient to encourage common approaches, e.g., Town and Country Planning, transport or energy use.
• (c) Differences of approach on both sides of the range, prima facie more comprehensive in France than in Spain.
– Specific mountain ranges as objects of the
Law.
![Page 25: THE PYRENEES: MISSING A CONVENTION? · THE PYRENEES: MISSING A CONVENTION? ... HORROR MOVIE (2) STATES INVOLVED ... – Disperse provisions in different Codes](https://reader034.vdocuments.us/reader034/viewer/2022051800/5ad705ce7f8b9a3e578bd183/html5/thumbnails/25.jpg)
CONCLUDING REMARKS
• (d) Need to adopt legal instrument encompassing all authorities/interests involved.
• (e) The number of Parties involved may facilitate the conclusion of that instrument.