La protection de l’environnement dans la Zone internationale des fonds marins : réflexions sur le droit à venir

Abstract

The prospect of the development of resource exploitation activities in the Area, particularly of its mineral resources, increases the worrying pressure on the deep sea as never before. The environment of the Area is however reputed to be as remarkable as it is fragile ; it is also largely unknown. In this context, the question of the development of a law adapted to the emerging threats is urgent. Two parallel normative processes are underway that are expected to be completed in the near future. The first one is hosted by the International Seabed Authority (ISBA), the second is taking place in the framework of an intergovernmental conference mandated by the UN General Assembly. These parallel processes initially raise the question of the sources of environmental protection law in the deep sea. The present contribution explores the rationale for this fragmented and differentiated production of law, which itself raises the question of the articulation of future rules. In law and in fact, it appears that the law in gestation under the ISBA will occupy a central place. Thus, the second part of this contribution is devoted to questioning the environmental ambition of the future law on deep-sea mining. Since these are high-risk activities in a context of total scientific and technical uncertainty, it is understandable that the precautionary approach should be the basis of the law. The analysis of the rules being finalized then questions the way in which the law concretely declines this approach and attempts to highlight the strengths and limits of an infinitely complex normative exercise.