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Report :

Ocean Cities Workshop No.OCW1

Legal Aspects of Ocean Cities

Paris June 12, 1998

On June 12, 1998, the first workshop dealing with legal aspects of so-called ocean cities was held. Present were Mr. T. Gaudin, Mr. Lucien Deschamps, Prof. Dr. Christian Koenig, Mr Haiking Le, .... and Dr. Cordula Fitzpatrick, Chairman.

After the opening of the meeting at 9.30, the Agenda was approved (OCW1 980100).

A general presentattion of Prospective 2100 was given by handing out information material to the participants (OCW1 980101).

With regard to the Ocean Cities Committee 01 itself, several documents concerning the international law of the sea were handed out (OCW1 980102).

Mission and objectives of the workshop (OCW1 980103) were a focal point of discussion. There was a controversy whether to start working to suggest further rules which might be helpful with the matter of artificial islands and installations or to chose a rather practical approach.

It was agreed to start work by drafting a questionaire which would be sent to public and private entities actually dealing with artificial islands and installations at sea in order to identify where there would be a need for further development of national and international law.

The scope of the questionnaire will be to research the main uncertainties and insufficiencies of the existing rules of artificial islands and installations which hinder research and investments by private companies and public entities. The legal approach would have to be based upon economic issues.

Mr. Haiking Li of UNESCO presented the following problems of coastal megacities, which fall into the scope of the topic of artificial islands and installations when being artificially extended into the sea. Those special problems are :

-coastal erosion

-sea water intrusion and fresh water supply

-loss of habitat for birds, fish and other wild life

-depletion of fishery resources and seefod safety

-land subsidence due to construction and water extraction

-deterioration of marine environment as an area for amenity due to urbanization, ..population and various sources of marine pollution

-natural desasters, including extreme weathers, global warming ans sea-level rise

-conflicting uses of coastal areas.

The following issues have to be dealt with in the different maritime zones (internal waters, territorial sea, achipelagic waters, contiguous zone, exclusive economic zone and continental shelf, high seas and the area):

UNCERTAINTIES:

• a) domestic law
• b) international law

INEFFICIENCIES

• a) domestic law
• b)internat. law

• such as

  • -property rights gaps:
  • -marine pollution/environmental protection
  • -economic issues fisheries as presented above
  • -coastal management laws
  • -investment laws
  • -jurisdiction and taxation
  • -influence of the enterprise regime
  • -concessions

in the long run

• -long term rights
• -substance of labor laws
• -construction laws
• -definitions and safety issues
• -urban laws

The questionnaire should take all these points into consideration.

Further, it was suggested to develop case scenarios for different maritime zones, which should consist of an examination of existing projects.

Case scenarios could deal with the following projects:

• Leisure base and free harbor
• University and technopole
• Launch pad
• Mobile factories
• Headquarters to optimize taxation
• Cout on artificial island
• Airport and living quarters
• Soft piracy
• Natural park/ecosystem- breeding and preservation

All of which could be found in a fictive vity with autonomy related to administration and legislation, which would be a technical, legal, social and cultural infrastructure of these components.

Due to the workload is was agreed to restrict first studies to the launch pad program and to an airport.

In the long run a discussion should be entered between the participants via e-mail to discuss the questionaire once it is suggested. The goal is to give a presentation at the next international symposium on ocean cities on the results of the questionnaire and to present at least two case studies.

Further, a list of OCW1 Experts was discussed (OCW1 980105). Personalities were suggested who deal professionally with the internaitonal law of the sea or the legal problems of artificial islands and installations. Such professionals are academics as well as practitioners.This list will be printed and circulated by Mr. Lucien Deschamps.

It was agreed to have another meeting during the Summer of 1999 and to meet anually.

The meeting was adjourned at 17.00.