Port law
Management of ports and mooring zones, public maritime domain, the NOTRe Act and use of the coastline: the group advises port managers and businesses.
The Asterias Avocats group's expertise in port matters and the public maritime domain enables it to advise managers of ports and of mooring zones located outside ports.
The scheduled end of State-granted marina concessions and the new powers of local authorities under the NOTRe Act (Act No. 2015-991 of 7 August 2015) raise novel problems for managers, which the group helps them anticipate. The group also advises on the use of coastal space, at the crossroads of environmental law and the public maritime domain, and assists port businesses in their disputes with contractors or third parties.
The legal framework
Port law lies where the administrative law of public property meets maritime law. The public maritime domain — natural and artificial — is subject to the principles of inalienability and imprescriptibility and to a framed occupation regime (authorisations, concessions, fees). The NOTRe Act redistributed powers among local authorities, and the Coastline Act frames development of the shore. These texts determine the conditions for operating a port or a mooring zone.
The situations we handle
- Management of ports and mooring zones
- Occupation and development of the public maritime domain
- Application of the NOTRe Act and the allocation of powers
- Use and protection of the coastline
- Disputes of port businesses with contractors or third parties
How we work
The group supports port managers and operators facing a changing legal framework: analysis of occupation titles, securing of authorisations and concessions, anticipation of shifts in powers, and management of disputes. It draws on its joint knowledge of public law and the maritime world.
These issues often connect with the public law of the sea. Let us review your port or public-domain situation.
