The challenges of local governance of marine resources in New Caledonia: contribution to the debate on the maritime estate from two case studies ; Les enjeux de la gouvernance locale des ressources marines en Nouvelle-Calédonie : contribution à la réflexion sur le foncier maritime à partir de deux é...
International audience ; The "land estate" has for many years been the subject of a thorough reflection in New Caledonia, nourished by research work (cf. for example Bensa 1992, Naepels 1998, Le Meur, 2009) and translated in terms of public policy by the land reform activities of the Rural Development and Land Management Board (ADRAF) and in the Noumea Accord (1998) and the Organic Law (1999). The traditional "connection to land" has become a key consideration in land policy. The concept of customary land has come to unify a disparate collection of places, referring to different historical strata, formed by the reservations and their extensions, clan allocations and les Groupements de Droit Particulier Local (GDPL). The "connection to sea" has not received the same attention, from either research or public policy. One reason for this (in terms of public policy) lies in the almost inviolable law on public maritime domain which leaves little room for management methods and practices inspired by local norms. Yet the assertion in Kanak discourse of the continuity of "customary" territorial control from "the ridge to the reef" is problematic, as are local claims, sometimes old, of protection and local management of marine areas. We address these issues using case studies on patterns of use and management of marine resources at Borendy (Commune of Thio) and Oundjo (Commune of Voh), highlighting the plurality of norms and authorities that regulate the "marine estate" (beyond the mere dualism of the maritime public domain/ "customary law"), in a context of the growing strength of environmentalist schemes (marine protected areas, World Heritage listing of the lagoon, provincial environment codes). The analysis will be comparative. The research sites are located in two provinces of Grande Terre (which have each developed different legal frameworks and political and developmental orientations), with different local environmental/marine issues (proposed provincial MPAs at Thio-Borendy, existing "customary reserve" at Oundjo ...