La gestion des risques maritimes environnementaux : contribution au renforcement de la protection de l'environnement marin

Abstract : The impact of the maritime catastrophes of recent years such as Erika, Prestige, and Deepwater Horizon, has confirmed the concerns regarding marine pollution, both with the general public and political decision-makers. Has no lesson been learned from these events? Calls for greater awareness for environmental protection have had little impact on the practices of transporters and shipowners. Violations of the marine environment must be halted as soon as possible, using suitable and effective methods. Maritime law, which relates to navigation by sea, is no longer able to protect the environment because it is based on principles of civil responsibility. Changes in obligations suggest that this should be replaced by principles derived from common law on the environment, based on criminal responsibility. In the first part, the identification of maritime risks, both old and contemporary, demonstrates that in spite of some developments in technology and an increase in its complexity, it remains fundamentally identical, with the backdrop of the sailor, the navigator, acting within the framework of an organization. In the second part, the analysis of the treatment of technical risks demonstrates, firstly, the capacity of maritime law to reform, taking the lead from good practice derived from the offshore industry. Secondly, the analysis of legal risks confirms that maritime law, in spite of its imperfections, has the resources to reform and respond to contemporary expectations in environmental matters.
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Olivier Lasmoles. La gestion des risques maritimes environnementaux : contribution au renforcement de la protection de l'environnement marin. Droit. Université Panthéon-Sorbonne - Paris I, 2014. Français. ⟨NNT : 2014PA010261⟩. ⟨tel-01972161⟩

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