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Article

National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces

Portsmouth Law School, University of Portsmouth, Portsmouth PO1 2UP, UK
*
Author to whom correspondence should be addressed.
Laws 2024, 13(4), 41; https://doi.org/10.3390/laws13040041
Submission received: 11 April 2024 / Revised: 17 June 2024 / Accepted: 20 June 2024 / Published: 30 June 2024
(This article belongs to the Special Issue Global Threats in the Illegal Wildlife Trade and Advances in Response)

Abstract

:
Across the globe, national parks are frequently described in terms of their diverse wildlife, spectacular scenery, and cultural heritage. These extraordinary land (and sea) scapes are known to be important for the health and mental wellbeing of the people who visit them, but for many, they are also the place where they live and work. The COVID-19 pandemic lockdowns of 2020 and 2021 witnessed the importance of being in nature and exercising in green spaces, and part of the COVID-19 inheritance has been the rise of the so-called “staycation”, which has seen people becoming less inclined to travel overseas and more inclined to the explore nature and landscapes closer to home. While this has undoubtedly meant economic benefits to National Parks, it has also brought challenges that are yet to be fully realised and dealt with. This paper considers the laws and regulations in place to protect these special places in two jurisdictions, France and the United Kingdom, through the lens of two of those countries’ National Parks—the New Forest and the Calanques.

1. Introduction

“Paradox of degraded authenticity: Attracted by places where they hope to find beauty, calm, and authenticity, tourists as well as travellers, by their very presence, degrade, disturb, and transform the space they visit and then abandon afterward. The tourist is, by definition, a consumer of space whose ecological footprint is never neutral.”1
The National Park concept may have originated in the United States of America (Yellowstone was declared the world’s first “National Park” in 1872), but it has been wholeheartedly embraced across the globe. Today, there are some 6555 national parks, existing on almost every continent (Antarctica does not yet have a National Park but it is home to the Ross Sea Marine Protected Area) and collectively covering 6% of the earth’s surface and equating to almost 150 million square kilometres.2 Time Out magazine recently named its “Fifteen best National Parks in the World”, which perhaps is a very good indication of how beloved these areas of nature and culture are and how they are important to a region’s economy (Parkes 2002).
The United Kingdom (currently) has fifteen national parks—in England: The Broads, Dartmoor, Exmoor, The Lake District, the New Forest, Northumberland, The North Yorkshire Moors, The Peak District, The South Downs, and The Yorkshire Dales; in Wales: Bannau Brycheiniog (The Brecon Beacons), The Pembrokeshire Coast, and Eryri (Snowdonia); and in Scotland: The Cairngorms and Loch Lomond and The Trossachs (National Parks 2021). In England and Wales, National Parks have two statutory purposes, set out in the National Parks and Access to Countryside Act 1949. The first of these is for “conserving and enhancing the natural beauty, wildlife and cultural heritage of the areas specified”, and the second is “promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public”.3 This second purpose includes opportunities for open-air recreation. However, it appears that there is a growing conflict between the Act’s two purposes, as the Environment Act 1995 requires greater weight to be attached to the purpose of conserving and enhancing the natural beauty, wildlife, and cultural heritage of the National Park (known as the Sandford Principle).4 When UK national parks carry out these purposes, they also have the duty, through the National Park Authorities, to encourage the social and economic wellbeing of local communities within the national park area. The National Park Authority is the body put in place by legislation to make decisions about how a national park will deliver its purposes (as set out in the National Parks and Access to Countryside Act 1949). In the New Forest, these decisions are made by the twenty-two members of the New Forest National Park Authority—twelve are nominated by local authorities in the National Park, four by the Park’s parish councils and appointed by the Secretary of State for Environment, Food, and Rural Affairs, and six appointed by the Secretary of State to represent national views. In addition to this membership team, the New Forest National Park employs some 80 staff to aid the National Park Authority in the delivery of their objectives.5
The UK’s National Parks’ “mission statement” is to conserve and enhance the natural beauty, wildlife, and cultural heritage and to promote opportunities for the understanding and enjoyment of the special qualities of national parks by the public (National Parks 2023), and this statement was reaffirmed ahead of the CoP28 on 29 November 2023, when the UK government announced “…a search for a new National Park, 34 new landscape recovery projects, new forests and funding to help more children get outdoors and into the great British countryside, in what is the latest step by the government in its drive to improve public access to the natural world and recover nature” (GOV.UK 2023). The announcement was met with some scepticism, however. Conservation groups have accused the government of “greenwashing” in an attempt to reset their flailing environmental policies (Horton 2023), while the Chief Executive of Dartmoor National Park, Kevin Bishop, was equally critical when he told the British press that “The priority should be about funding the existing national parks”, which has decreased by 40% over the last decade (Marshall and Prior 2023).
Each of the fifteen National Parks across the UK promotes the aims of the National Parks’ mission statement, but for the purposes of this paper, the authors will be focusing on one of the newer National Parks in England, the New Forest.
France, meanwhile, together with its overseas territories, has eleven parcs nationaux: Parc national des Calanques, Parc national des Cévennes, Parc national des Écrins, Parc national des forêts, Parc national de la Guadeloupe, Parc amazonien de Guyane, Parc national du Mercantour, Parc national de Port-Cros, Parc national des Pyrénées, Parc national de la Réunion, and Parc national de la Vanoise.6 French national parks have evolved to incorporate the preservation of natural and cultural heritage, moving from an initial focus on particularly remarkable sensitive natural areas (law of 22 July 1960)7 to a more holistic approach aligned with the UNESCO Convention on the Protection of the World Cultural and Natural Heritage. The Calanques National Park is the first of the national parks to embody this transition.
As a public institution under the supervision of the Ministry of Ecological Transition, the Calanques National Park has the fundamental mission of preserving and transmitting the natural, landscape, and cultural heritage of the region.8 The main local authorities, such as the Departmental Council of Bouches-du-Rhône, the cities of Marseille, Cassis, and La Ciotat, and the National Office of Forests, play a privileged role as partners,9 retaining ownership of their lands located within the national park and maintaining their influence in various fields such as planning, transportation, and cleanliness (Idem.). Businesses, associations, and representatives of users and residents also actively participate as partners in the national park project, contributing to its implementation and success.10
Driven by the national park’s charter, the governance of the Calanques National Park is comprised of the management board (mostly composed of local stakeholders),11 the decision-making body of the institution, a decision-making and impetus body, and the scientific council, comprising members who specialise in life sciences and humanities,12 and the economic, social, and cultural council, composed of members from different components of civil society involved in the life and uses of the Calanques territory and tasked with advising the decisions of the management board.13
Regulating usage in light of their impacts, the Calanques National Park has adopted various strategies to manage visitor access while safeguarding the delicate balance of its ecosystems and cultural heritage. This difficult articulation between the protection of natural spaces and freedom regarding their access poses a constant challenge for park management, requiring a multifaceted approach that balances conservation imperatives with the promotion of public enjoyment and understanding. Leveraging the tools of governance, including stakeholder engagement and adaptive management practices, the park endeavours to strike a delicate balance between preserving its ecological integrity and accommodating the diverse needs and interests of visitors and local communities.
The aim of this paper is to deeply comprehend and compare the strategies employed by two national parks within their jurisdictions—the New Forest and the Calanques—in safeguarding their ecosystems, particularly in response to the strain caused by excessive visitation. To accomplish this, this paper is structured into three comprehensive sections. Part One will undertake a rigorous examination of the ecological, historical, and socio-economic significance of both parks, shedding light on their unique contexts and challenges. In Part Two, the focus will shift towards the contemporary issues surrounding tourism management, exploring the specific challenges faced by the New Forest and the Calanques in the twenty-first century, particularly concerning the implications of over-frequentation. Lastly, Part Three will delve into the legal frameworks and governance tools employed within the parks, scrutinising their effectiveness in implementing best practices aimed at mitigating the adverse impacts of visitors while maximising its benefits. Through this multifaceted analysis, we aim to offer valuable insights into the complexities of national park management and contribute to the ongoing discourse on sustainable conservation practices in protected areas.

2. Part One—The Ecological, Cultural, Historical, and Socio-Economic Importance of the New Forest and the Calanques

2.1. The New Forest (Nature and Biodiversity, History, Tourism, and Recreation)

2.1.1. History

The New Forest National Park (Supplementary Materials) is an area of 566 km2 (219 sq mi) in the south of England, and it is one of the most visited places in Britain whilst also being home to more than 34,000 people. Its Ancient and Ornamental woodlands are covered by conservation directives (SSSIs, etc.), but despite this, the Forest still struggles with its dual legislative roles of access to the countryside to all and conservation of its fragile ecosystems. The “Forest” (as it is commonly known to the people who live and work within its boundaries) was designated a National Park in March 2005 (Grant and Edwards 2007). However, its history is long and extraordinary. The creation of the New Forest is attributed to William the Conqueror who, having successfully claimed England as his own at the Battle of Hastings in 1066, set about taming his new and unwelcoming subjects (Wise 1895). Part of William’s hostile takeover involved the enclosing of the New Forest in 1079 as a new Royal hunting ground. William introduced “Forest Laws” to ensure that the forest game was his to hunt alone (Moens 1903). The King also introduced systems that survive today and are directly relevant to the judicial and administrative system of the Forest. William’s Forest court system saw the creation of a tier of newly appointed officials. Part of the tier were the Agisters and the Verderers, who continue to run the Forest today to uphold and administer the Forest Laws. The King’s new law of “venison and vert” was created to ensure the unwelcoming locals did not take advantage of the king’s sport, and if found guilty of hunting, felling trees, or undertaking any kind of unsanctioned agricultural work on the newly formed Royal lands, the most extreme of punishments could be expected, including being put to death (Edwards 1970). Although William I had restricted the liberties of Forest inhabitants as a result of his new laws, he did go some way to compensate them. This came in the form of allowing Forest people to graze their animals freely on Forest land. In doing this, William introduced the Right of Common, which remains in place and continues to be a key and important cultural feature of the Forest.14
But why the New Forest? Why did this area become so important to William and his family? The answer lies in its enviable position. The majority of the New Forest lies in the county of Hampshire, extending from Totton, on the outskirts of Southampton to the east, to the coastal market town of Lymington in the south, Ringwood in the west and to the north, the only part of the Forest outside the Hampshire boundary, the Wiltshire villages of Redlynch and Landford. Thirty miles to the north/east of the Forest is the city of Winchester, the ancient capital of Wessex and a stronghold of William after his 1066 victory (Bates 2020). Winchester’s star, as a capital city, had been in the ascendance since it was adopted at the governmental and fiscal focal point of the Danish kings Cnut (1016–35) and Harthacnut (1040–42) (Biddle and Kjølbye-Biddle 2016; Bolton 2017). So, when William came to Wessex, he sought to consolidate his role in the historic kingdom’s history with the construction of a new and imposing cathedral that began at Winchester in 1079 (Biddle 1976). Coinciding with this, William designated the area now known as the New Forest as his Nova Foresta (Green 2013). The area became Crown lands and parts remain as such today, covering some 145 square miles in the centre of the National Park.15
After William I’s death in 1087, his eldest surviving son, William Rufus, became king (Parker 1912). The sons of the Conqueror are so closely tied to the Forest that their lives (and deaths) are immortalised in Forest lore and history. William I’s oldest son, Richard, was killed while hunting in the Forest, but it is the death of his younger son, William Rufus, which is more famous. William Rufus, King William II of England, had made enemies with the nobility and the church by whom he was portrayed as a cruel, grasping, and sacrilegious ruler (Callahan 1981). William Rufus’ character is described in detail but his contemporary, chronicler William of Malmesbury, writes how he (William Rufus) came “into a church, looking scornfully round the congregation with his usual haughty and insolent air”. “The Rufus” was not considered to be a good Christian king, and he is described by Malmesbury as “devilish” and tortured by nightmares.16 It is suggested that this sent him to the New Forest in 1100 to eat, drink, hunt, and soothe his troubled mind. However, peace did not await him there and on 2 August 1100, William Rufus, while hunting, was struck by a stray arrow shot by the Norman knight, Sir Walter Tirel. The arrow pierced his chest and killed him (William of Malmesbury, Gesta Regum Anglorum, I, Mynors et al. 1998). Today, the (believed) spot where the king died is marked by the Rufus Stone found near the village of Brook, ironically just a short walk from one of the area’s best-known pubs, The Sir Walter Tirel.
By 1217, The Charter of the Forest had been restored and the Verderers’ Court was set up to enforce the laws of this Charter and protect the rights of the Commoners (Griffin 2010). The Charter of the Forest sets out that Commoners of the New Forest have the right to occupy land or property to which rights over the forest are attached (Shoenberger 2015). The original Commoners’ rights were those of pasture (the right to turn out “commonable” livestock), mast (the right to turn out pigs during the 60-day autumn pannage season), estovers (the right to the free supply of wood for fuel), a pasture of sheep (occasionally still seen in the north of the Forest), marl (the right to dig lime-rich clay from marl pits to fertilise land or to use for building), and turbary (the right to cut peat). Some of these survive today and are strongly held traditions. Most notably, the right of pasture gives the New Forest its iconic symbol—the New Forest Pony (Haines 1929). In conjunction with the Commoners’ rights, the Charter also enacted a system of forest governance. The New Forest Verderers remain charged with the protection of the Commoners’ livelihoods, common rights, and the forest landscape (Nield 2005). The original 13th-century Verderers Court was authorised by the Crown and heard and dealt with more minor cases within the New Forest. By the 18th century, the Verderers’ powers had been extended, and the court could hear offences aimed at prosecuting offenders who were charged with undermining the shipbuilding industry (this included offences such as the destruction of enclosure fencing and trespassing on Crown lands within the Forest). Then, in 1877, The New Forest Act was passed, and the Verderers’ Court was given legislative footing.17 The Crown now appointed the Official Verderer, and the Commoners and persons with the right to vote in Parliamentary elections chose five more.18 The latest iteration of the position of Verderer came with The New Forest Act of 1949, amended in 1964.19 This increased the number of Verderers to comprise five elected, an Official Verderer, and four appointed members and gave the Verderers additional powers to make and amend bylaws within the Forest boundary.

2.1.2. The Nature and Biodiversity of the New Forest

The New Forest Site of Special Scientific Interest (SSSI) covers 28,947 hectares.20 It is the largest area of “unsown” vegetation in lowland England and includes a variety of habitat types which are now rare in Western Europe. The habitats found in the Forest include lowland heath, valley and seepage step mire, or fen, and ancient pasture woodland and bog woodland. They make the New Forest unique because such habitats do not exist in combination anywhere else on earth on such a large scale (Smith 2005).
The wildlife habitats of the Forest are concentrated in three important areas: the coast; the Crown Lands, commons, and Manorial Wastes of the New Forest (the Open Forest); and the Avon Valley.21 The coastal areas of the New Forest, with its important saline lagoons and salt marshes, provide important and protective refuges for rare birds, invertebrates, and plants, many of which are only found here.22
The River Avon, rising in the adjacent county of Wiltshire and running through west Hampshire to the sea at Christchurch, is one of the most diverse and important chalk rivers in the UK (River Avon SAC Planning Forum n.d.). It is designated as an SSSI and, as such, is afforded legal protections to ensure its continued environmental sustainability. The lower reaches of the Avon Valley, passing through the New Forest National Park, are also internationally designated as a Special Protection Area (SPA) for its bird species (River Avon SAC Planning Forum n.d.). It is, without doubt, a most special and precious environmental area, which adds to the importance of the New Forest as a whole in terms of both habitat diversity and wildlife. The river and its tributaries mean that the aquatic fauna of the New Forest is nationally important and provides a habitat for twenty species of fish and a wide diversity of invertebrates, including a thriving population of the internationally rare and threatened southern damselfly. This species is listed in Annex II of the EU Habitats Directive and is a key species of conservation concern in the UK Post-2010 Biodiversity Framework (JNCC 2012).
The Crown Lands, commons, and Manorial Wastes of the New Forest are similarly of international importance for nature conservation (Cox 1997). These areas are made up of lowlands, heathlands, valley and seepage-step mires, grasslands, and ancient woodlands. They are rare areas in Western Europe, and the New Forest is unique in its mix of vegetation types. As a result of the diverse habitat, the fauna of the Forest is similarly rich; indeed, one of the reasons the New Forest was designated a National Park in 2005 was because of its diversity of wild fauna and flora.
One of the Forest’s most iconic “wild” species is the New Forest pony (New Forest Pony 2023). Legend has it that these robust and curious equines are descended from Spanish horses that swam ashore following the shipwrecks of the Spanish Armada. While this is a fabulous story, it is a myth. New Forest ponies are in fact descendants of the wild ponies that roamed areas of Britain centuries ago but have long been domesticated and interbred with other pony and horse breeds to improve their genetic makeup. The New Forest pony is in fact a genetic mix of Welsh, Arab, Thoroughbred, Hackney, Highland, and Exmoor ponies (Brownrigg 2020). The other myth to be debunked regarding the ponies is they are not really wild. All New Forest ponies that graze on the open Forest are owned by the Commoners and are veterinary checked each year at the Drifts, which take place between August and November (New Forest Life 2024). Along with the ponies, donkeys are the other native equine to roam freely across the Forest and are particularly loved by locals and visitors alike.
William I’s New Forest was a royal hunting ground and, as such, it was chosen for the sport it provided—particularly the deer. Today, five types of deer can be found on Crown properties in the New Forest—fallow, red, sika, roe, and muntjac. Each species has slightly different breeding periods and while out walking or riding on the Forest, it is very common to see herds of the native roe and fallow deer. The sika and muntjac are more elusive (and smaller) but are still often seen. Each year, the Forestry Commission culls around eight hundred of the Forest’s deer (New Forest Deer 2020). This is performed to help protect the vegetation of the Forest, given there are no natural predators for deer in the Forest, and controlling them is a necessity (Putman and Langbein 2000).
In addition to these larger faunas, the New Forest, due to its internationally important heathlands, is also home to a variety of rare and protected bird species. Nightjars, woodlarks, Dartford warblers, and curlews all breed on the Forest’s heathland habitats because of the terrain of low-level bushy gorse, open grassland, and the variety and number of insects, including 2600 species of beetles (Newton 2010). Raptors are also found on the open heathland and are enjoying something of a revival after decades of persecution. Goshawks, Honey Buzzards, Hobbys, and occasionally White-tailed eagles (they are resident on the Isle of Wight but are known to take a day trip across the Solent) hunt on the Forest because a favourite food source, all six native reptiles in the UK, can be found here. Sand lizards, adders, slow worms, grass snakes, smooth snakes, and common lizards love the sandy soil of the New Forest, which heats quickly in the sun, making the open grasslands ideal. However, the grassland of the Forest is interspersed with low gorse bushes, which make for excellent cover from the raptor’s predators.23
The Forest is also home to fourteen species of bats (of the eighteen found in the UK), including the rare Barbastelle, Bechstein’s, and Larger Horseshoe, dragonflies and damselflies (75 percent of all dragonfly and damselfly species, including the very rare southern damselfly, are only found in the New Forest), rare woodland and heathland species of butterflies, 1460 species of moth, badgers, foxes, and grey squirrels (Knight 2024).

2.1.3. Tourism and Recreation in the New Forest

With its colourful and important history, together with its vibrant ecosystems and iconic wildlife, it comes as little surprise that the New Forest is popular with holidaymakers and day visitors alike (Smith et al. 2019). The Forest is a magical place to walk, ride, or cycle. It is a place to find a little peace from busy lives, which is appreciated both by the people who live within the National Park and by the estimated 15.2 million visitors that come annually (Newton 2010).
In 2018/19, a report was commissioned by the Test Valley Borough Council on behalf of a partnership that also included Eastleigh Borough Council, New Forest District Council, New Forest National Park Authority, Southampton City Council, and Wiltshire Council and was supported by Natural England and Forestry England (Lilley et al. 2020). The authors surveyed visitors at 60 locations, mostly car parks across the New Forest, conducting 40 h of survey work over weekdays and weekends, which included school holidays, in order to understand the reason for their visit to the Forest and the amount of time they spent there. However, it also sought to understand how much these visitors understood about the Forest and its unique ecosystem. In total, 5236 interviews were conducted, producing data from 2400 h of visitor survey work across the protected heathland and woodland habitats of the New Forest. Around a quarter (26%) of interviewees indicated that over the previous year, they had tended to visit the New Forest woodland and heathland on a daily basis to hike or to walk dogs. However, the survey results also show that the recreational use of the New Forest is “varied and complex”. While the Forest is used regularly by locals, it also attracts visitors from further afield either for a short or longer stay to enjoy a wide range of activities, including walking, cycling, and horse riding, as well as more organised group activities, such as Scouting and Duke of Edinburgh expeditions.
Regrettably, with increased use of the Forest for leisure comes increased negative impacts on its ecology, and so there is an undoubted question over how best to balance the two statutory purposes of the National Park—access to the countryside on the one hand and nature conservation on the other (O’Neill 2019). This has been most evident in the New Forest by the Verderers Court statements on off-road cycling. For several years, the Verderers have had concerns about the use of cycleways in the Park by off-road mountain bikers to the point that when in 2021, Forestry England requested a three-year extension to the off-road cycling routes in the Forest, the Verderers court would only agree to a 12-month extension, and warned that further extensions would not be granted unless Forestry England took steps to stop riders from deviating from the marked paths.24 In November 2022, the Official Verderer speaking at a court session complained that “The Verderers have over many years expressed to Forestry England their concerns over the ever-increasing amount of cyclists who regularly trespass off the approved cycle routes,” and that cyclists “Headlamps now throw a beam many metres ahead which can be seen far away. These facilitate more night cycling, apparently regardless of the impact on nocturnal animals.”25
For the Forest, tourism is both a necessity and a threat. National Parks England reports that tourism brings some GBP 400 million to the New Forest each year and that it is of vital importance to the six hundred businesses, employing nine thousand people to directly service the tourist industry (“Sustainable Tourism in UK National Parks”, National Parks UK 2024b). However, irresponsible tourism has dire consequences for the Forest’s fragile ecosystem. In just one week during the summer of 2022, New Forest rangers dealt with seven significant fires that were a result of the discarded BBQs and unattended campfires of visitors (“New Forest”, National Parks UK 2024a). This is despite the fact that the lighting of disposable BBQs and campfires is strictly prohibited in the National Park by a Public Spaces Protection Order of the New Forest District Council (Public Spaces Protection Orders 2023). How the Forest deals with its increasing visitor numbers so that the unique fragile beauty of the area is not put at risk is an ongoing debate, but the New Forest National Park Authority and its umbrella organisation, National Parks England, should look to other jurisdictions for ideas as to how this might best be performed.

2.2. The Calanques (Nature and Biodiversity, History, Tourism, and Recreation)

The Massif des Calanques, large rocky coves forming a narrow inlet between Cassis and Marseille, was designated a National Park in 2012. It is the first urban national park in Europe.26 It covers an extensive area of eight thousand five hundred hectares of land and an additional forty-three thousand five hundred hectares of marine territories.27 What truly sets it apart, however, is that its high-value heritage spaces directly interface with heavily urbanised regions within the Marseille metropolitan area (Deboudt 2016). But, the Calanques are much more than a unique and picturesque landscape. They are a real Mediterranean treasure of inestimable ecological, cultural, historical, and artistic value.

2.2.1. Ecosystem of the Calanques

First and foremost, the Calanques boast an exceptionally diverse ecosystem, serving as a sanctuary for numerous plant and animal species, some of which are endemic to the area. The site hosts an impressive array of over two hundred protected and heritage species of animals and plants.28 The waters of the Calanques are home to an exceptional underwater flora, among which stands out is the Posidonia meadows. These vast expanses of Posidonia form one of the richest and most productive ecosystems on our planet. The elongated leaves of the Posidonia provide shelter for a remarkable diversity of organisms, including more than 400 species of algae and a plethora of marine life. Among these inhabitants are a variety of fish and shellfish, such as grazers, sea urchins, and crabs, along with predators like sea breams, red mullets, and various crustaceans.29 Moreover, the sheer cliffs of the Calanques serve as nesting sites for seabirds, while the secluded coves and clear waters harbour a unique biodiversity of dolphins, whales, and an abundance of fish species.30 Moreover, within the boundaries of the National Park, over 900 plant species have been documented, with 38 being protected and 43 recognised as remarkable.31

2.2.2. A Site of Historic Significance

In addition to their ecological importance, the Calanques are a fundamental part of France’s historical heritage and of the Mediterranean region in particular. They offer a unique insight into the evolution of life in the region and the events that have unfolded there over the centuries. A treasure of history and archaeology, the Calanques include caves with traces of human activity dating back almost three hundred thousand years, major shipwrecks such as the Grand-Saint-Antoine, famous for bringing the great plague to Marseille in the XVIIIth century,32 Saint Exupéry’s plane,33 mediaeval remains, such as the castrum of Saint Marcel,34 and watchtowers dating back to the 13th and 14th centuries.35 The Calanques bears witness to the evolution of humankind since the Lower Paleolithic era (Romey 2013) to the power struggles that stretched from the Middle Ages to the Second World War, via the Renaissance and the Grand Siècle, to the region’s industrial past in the 19th and 20th centuries.36 Furthermore, in 1942, a significant milestone was reached with the initiation of the first-ever dive equipped with diving cylinders, credited largely to the pioneering efforts of Jean-Yves Cousteau, Albert Falco, and Georges Beuchat.37 This groundbreaking innovation paved the way for subsequent advancements in underwater exploration, culminating in the world’s first scientific archaeological excavations, initiated by Jacques-Yves Cousteau and led by Fernand Benoit.38

2.2.3. Cultural Importance of the Calanques

Finally, the Calanques are of significant cultural importance, both for the Mediterranean region and for France as a whole. Intrinsically linked to these natural landscapes, folk tales such as the legend of Gyptis and Protis, which recounts the founding of the city of Marseille (Parc Wesley 2014), have been passed down from generation to generation and form part of the folklore. Furthermore, the beauty and uniqueness of the Calanques have been an inexhaustible source of inspiration for artists over the centuries. Painters, writers, photographers, and filmmakers have found these majestic geological formations an ideal setting for expressing their creativity.39 The monuments present in the Calanques have also greatly fueled the imagination of artists and writers, using these majestic settings to bring world-renowned works to life. This is notably the case with the Château d’If, built by François I in the XVIth century to protect Marseille,40 and made famous by Alexandre Dumas in his masterpiece “The Count of Monte Cristo”. Today, the Calanques continue to inspire contemporary artists, thereby contributing to the vitality of the regional and French artistic scene.

3. Part Two—Challenges

3.1. The New Forest

Climate Change, Tourism, and Wildlife Crime

The New Forest, in common with other national parks across the globe, is not without its challenges and similarly, in common with its sister parks overseas, these challenges are almost entirely of man’s own making.
The New Forest suffers the consequences of climate change on its environment. In this paper, we have already discussed the increase in the prevalence and destruction of summer wildfires across the gorse land of the Forest. While they are, in large part, the result of the irresponsible use of disposable BBQs and campfires, the ferocity at which they now burn can also be attributed to the hotter summer months and the drier scrubland. In addition, the world-famous wet heathlands of the Forest are in danger of drying out as a direct result of climate change (Carpenter et al. 2012). This has potentially dire consequences for the New Forest’s fauna and flora as the wetlands that have preserved them become ever dried. This development (hotter, drier summers as a result of climate change) is echoed across the UK’s national parks and, indeed, across its European sister parks.
Additionally, the New Forest has experienced poaching. Hampshire Constabulary, the main law enforcement agency for the Forest, has reported poaching over the last twenty years. The most common form of poaching in the Forest is hare coursing—the killing of hares with dogs. In October 2021, two men were caught, arrested, charged, and convicted of poaching. They were fined just over GBP 1000, but what stood out from the case was the way the local community had played a role in bringing the men to justice. Initially, a dog walker had seen the two men first flush a hare out of the undergrowth and set dogs on it. After calling for assistance both from the police’s Country Watch team and workers on the local estate, the men’s car was blocked in by locals so they could not leave, leading to their capture by the police.41 Deer are also a regular target for poachers in the Forest, but Britain’s National Wildlife Crime Unit and Hampshire Constabulary have made it clear that it will not be tolerated, and poachers who are apprehended can expect to be prosecuted. Forest people are fiercely protective of the fauna in the park, and the above-mentioned case illustrates the personal risks they will take to protect it. This illustrates a very clear difference between the Calanques and the New Forest—very few people are permanently resident inside the Calanques. As a result, no one is there to see criminal poaching activity take place. However, the Forest is very different. It is a community that watches and monitors its wild neighbours and a community that is willing to protect its wildlife.

3.2. Calanques

3.2.1. Pollution, Climate Change, and Poaching

The National Park faces multifaceted threats to its ecological integrity. The Calanques are notably besieged by various forms of pollution, including the discharge of effluents into the sea, wild dumping42, and waste accumulation.43 These pollutants pose significant challenges to the preservation of the marine and terrestrial ecosystems and biodiversity within the park.
Furthermore, climate change emerges as a pressing concern, introducing an additional layer of stress through the exacerbation of water scarcity. This heightened water stress not only compromises the survival of plant life but also disrupts the delicate balance of the entire ecosystem, amplifying the need for adaptive measures to sustain ecological resilience. Furthermore, the rapid warming of the Mediterranean Sea presents another formidable threat, reshaping the marine ecosystem in the Calanques. This transformation is evidenced by notable shifts in species distribution and composition, with native species, like the gorgones rouges, experiencing decline while new species from warmer regions colonise the area.44 Additionally, the prevalence of rapidly drying land and significant annual mortality of marine fauna further exacerbate the ecological challenges facing the National Park (Idem.).
Furthermore, the Calanques are not exempt from illegal takings.45 In March 2024, two poachers were sentenced for fishing in a no-take zone of the Calanques National Park.46 Cases of poaching have also been reported in violation of quotas for fishing certain species. In 2021, the theft of 4.5 tons of marine animals, including protected or endangered species, such as grouper, as well as tens of thousands of sea urchins,47 resulted in the illegal operators being fined EUR 52,000 by the Calanques National Park.48

3.2.2. (Over)Tourism

Amidst these environmental concerns, the spectre of mass tourism looms large as a critical issue. Moreover, the sheer volume of tourists places immense pressure on fragile ecosystems, necessitating a careful balance between conservation efforts and tourism management. Particularly susceptible to tourist attraction and the development of leisure activities not always respectful of the environment (Mounet 2007), coastal areas (Wong 1993) are often affected by a strong anthropogenic influence (Claeys et al. 2018).
The Calanques have been attracting travellers since the late 19th century, but tourism in the region for seaside purposes experienced significant growth in the early 20th century.49 Today, with more than 3 million annual visits (Garric 2022–2023), it is an understatement to say that the Calanques are among the most popular tourist attractions in France. It is estimated that between 2010 and 2019, attendance at the Port-Miou Calanque increased by 180%.50 In general, following the pandemic and the resurgence of local tourism that resulted from it, the year 2020 saw a 40 to 50% increase in attendance compared to 2019 (Hatt and Clarimont 2022). However, this over-frequented scenario, while leading to undeniable economic benefits, contributes to the gradual and irreversible degradation of the site. The flora is daily and massively trampled, the soil erodes, and the fauna is stressed—with declining reproduction rates and population levels—and develops food dependency behaviours (Conseil D’administration—Séance du 10 Décembre 2020). Not to mention that the quality of the tourists’ experience being crowded together (up to 1000 people on the beach of En-Vau, 3000 on the beach of Sormiou (Garric 2022–2023), the Calanque of Sugiton during the summer,51 and 180 boats in the Morgeret Calanque alone (Idem.)), does not leave visitors with a vivid memory of the “South of France serenity” they come to seek.

4. Part Three—Legal Frameworks and Initiatives to Protect the New Forest and the Calanques: Progress and Challenges

4.1. The Legal and Institutional Framework in the UK

The Forest is a large administrative area with a myriad of primary and secondary legislation applicable to its running. It may be one of the largest tracts of semi-natural vegetation in the country, and, as such, is one of Britain’s most important wildlife sites, but it is also home to some 34,000 people, making it the most densely populated National Park in the United Kingdom.52 As a result, unlike some National Parks in other jurisdictions, Parks in the UK, including the New Forest, are subject to general legislation in addition to the legislation which relates directly to the National Park, which is analysed below.

4.1.1. The National Parks and Access to Countryside Act, 1949

The importance of the Forest, both in terms of what it offers visitors and its extraordinary ecosystems, was recognised in 2005 when the New Forest was designated as a National Park.53 This designation meant that an additional layer of legal regulation became applicable to the New Forest—the National Parks and Access to the Countryside Act, 1949.54 The Act is an iconic piece of environmental legislation and, as well as being the legal basis for all of the national parks of England and Wales, it is also the origin of the more than four thousand one hundred “sites of special scientific interest” in the United Kingdom.55 The concept of access to the countryside, available to all regardless of their socio-economic status, gathered pace following the end of the Second World War. Britain was in a period of rebuilding—rebuilding its towns and cities and rebuilding its connection to the land it fought so hard to protect. Indeed, the early proposals for national park legislation were conceived in terms of a national compensation that needed to be paid to the British people for their joint sacrifices (Pontin and Jones 2023).
However, there is one point that stands out when considering the Act and its aims. In other jurisdictions, national parks are (perhaps as the name suggests) owned by the people for the people. For instance, Yellowstone National Park in the United States of America is owned by the government for the people. The history of the Calanques National Park shows a complex transition of land ownership from private to public hands over time. Currently, around 90% of the park’s territory is owned by various government entities, leading to decentralised management responsibilities spread across multiple governmental bodies, each overseeing specific park areas.56 The approach taken in the United Kingdom is very different. From the start of the conversation in the UK, national park land was always going to be privately owned rather than in the public ownership of the state. This is embodied in the Act, which accepts and encourages this land-owning group of people as the custodians of areas of natural beauty. This is not to say that national and local governments play no role in the management of the UK’s national parks. Once the responsible government Minister has approved a national park’s designation, management becomes largely a matter for the individual landowners and the local planning authorities who make up the national parks’ authorities within whose jurisdiction the designation falls.57 These two approaches highlight a key difference between the UK and French national parks. France could be characterised as a “top down” approach—legislative and regulatory decisions are made in the centre of government, and their implementation is the responsibility of the park authorities. In the UK, as a result of the overwhelmingly private ownership and the land inside national parks, legislation provides a framework but local landowners together with the parks’ administrative authorities have greater control and responsibility for the development and management of the parks.

4.1.2. The New Forest Act, 1970 (and Its Predecessors)

The 1970 Act was introduced to amend the New Forest Acts of 1964, 1877, 1949, and 1964 and is administered by the New Forest Verderers together with Forestry England.58 The Act beautifully illustrates the historic importance and place of the Verderers in the administration of the Forest. While the Act gives Forestry England rights to enclose land for tree planting, this, together with other Forestry matters, is subject to the approval of the Verderers. There is currently a Memorandum of Understanding in place between Forestry England and the New Forest Verderers, which was established in 2002. This sets out the parties’ agreement as to when the Verderers will not oppose the Forestry works (Verderers of the New Forest 2002). The importance of the Verderers in law is also evidenced by the numerous New Forest Verderers Byelaws.59 Each of them adds to the primary aims of the Verderers to “protect and administer the New Forests unique agricultural commoning practices, to conserve its traditional landscape, wildlife and aesthetic character, including its flora and fauna, peacefulness, natural beauty and cultural heritage, and to safeguard a viable future for commoning upon which these depend” (Policies & Byelaws 2023).
The New Forest is also classified as a Special Protection Area (SPA) for its breeding and overwintering bird species of European importance. Also relevant is the New Forest’s listing as a Ramsar site, under the Ramsar Convention.60 This recognises the international importance of the site as a wetland, supporting wetland flora and fauna of international importance and adding to the global network of Ramsar-listed wetlands. Additionally, the New Forest is also designated as a Special Area of Conservation (SAC) for its habitats and non-avian species of European importance and contains twenty Sites of Special Scientific Interest (SSSIs), but is dominated by the main New Forest SSSI, which covers almost 29,000 hectares.61

4.2. Managing Overcrowding: Legal and Institutional Framework in France for the Calanques

4.2.1. Demarketing Strategy

The Calanques National Park has implemented a demarketing strategy to tackle the challenges brought about by the overwhelming influx of visitors and to uphold the previously defined carrying capacity. This concept of demarketing, defined as “that aspect of marketing that deals with discouraging customers in general or a certain class of customers in particular on a temporary or permanent basis”,62 initially emerged to decrease the demand for products, such as alcohol or tobacco (Shiu et al. 2009). However, over time, this approach has gained significance in the tourism sector to mitigate the adverse impacts of overtourism on natural and historical sites. Demarketing now plays a crucial role as a control mechanism amid the excessive demand for nature-based tourism destinations (Magalhães et al. 2017).
The case of Sissinghurst Castle, a historic residence in Kent County, England, serves as a prime example of the potential effectiveness of tourist demarketing in managing highly frequented locations. After being acquired by the National Trust in 1967, the castle witnessed a substantial increase in visitation, soaring from 28,000 visitors to over 91,000 in just six years (Scott-James 1974). This surge led to worrisome overcrowding in the garden, endangering its integrity. In response, a demarketing strategy was adopted, encompassing measures such as raising awareness of the garden’s fragility in magazines (Benfield 2013), discontinuing discounted tours for tour operators and the media, capping capacity at 400 visitors, and implementing a timed entry system in 1992 (Hardin Hall and Wood 2021). These initiatives contributed to stabilising visitation rates and enhancing the overall visitor experience.
Drawing inspiration from such successful examples, the Calanques National Park website now showcases images of crowded beaches where tourists are crammed into small coves, accompanied by captions like “Surviving the Calanques and…,” and “In spring and summer, brace yourself to encounter A LOT (sic!) of people in the Calanques (…).”63 These captions, infused with a survivalist tone—and reflecting some reality based on the images—arouse the curiosity of visitors who may have anticipated discovering tranquil spots to unwind away from prying eyes, serenaded by the song of cicadas. As Zacharie Bruyas, responsible for communication at the Calanques National Park, underscores, it is ultimately about “restoring some truths about the territory, which are now somewhat obscured by all the beautiful images we see on social networks.”64
However, while demarketing presents itself as a promising and transparent strategy to deter visitors by exposing them to the reality of the hosting conditions that await them, its effectiveness may remain subjective. It operates on the assumption that all visitors seek a serene experience, whereas some may be attracted to the liveliness and vitality of heavily frequented places or may not be perturbed by the overcrowding of notable sites. Consequently, the efficacy of demarketing is contingent on the expectations and individual preferences of visitors.
That being said, it is worth emphasising, as Mrs. Frédérique Figueroa, Head of the Public Reception and Citizen Mobilization Department of the Calanques National Park,65 highlights that despite everyone’s aspirations, the essence of this natural space is intended to persist as a sanctuary for peace and revitalisation.
Furthermore, research indicates that to optimise demarketing strategies, leveraging models, such as the Value–Belief–Norm (VBN) Model, proves beneficial. This framework prioritises ego-, social-altruism-, and biosphere-related factors in crafting demarketing messages.66 By integrating these dimensions into demarketing initiatives, institutions can tailor their approaches to resonate more effectively with the values and motivations of target audiences, thereby enhancing the overall impact of their campaigns.
Hence, while employing demarketing strategies to manage tourism in natural spaces offers a potential avenue for regulating visitor numbers in key areas and preserving their ecological integrity, it is crucial to recognise its potential limitations and the imperative of supplementing it with complementary approaches. In this context, the adoption of reservation systems for accessing natural spaces emerges as a particularly pertinent solution. This approach not only helps control visitor flows more effectively but also ensures a more sustainable and enjoyable experience for tourists while mitigating the environmental impact on sensitive ecosystems.67
In any case, it should be noted that the demarketing campaigns carried out by the Calanques National Park were implemented concurrently with the adoption of reservation systems to access Sugiton Bay; therefore, it is not possible, in this specific case, to evaluate the effectiveness of the measure individually.

4.2.2. Regulating Access to Natural Spaces through Quotas—The Reservation Strategy

In addition to creating a free application entitled “My Calanques”, which not only allows users to learn about the natural treasures of the national park and current regulations but also, and most importantly, to track real-time attendance levels in certain areas through eco-counters placed on-site,68 it is the reservation system for spots on certain beaches and bays that takes on particular significance.
This system mirrors the global trend towards implementing quota mechanisms in response to overtourism, where restricting visitor access serves to protect biodiversity and enhance the visitor experience. In various destinations worldwide, natural and historical gems such as the Galápagos Islands,69 the Ordesa and Monte Perdido National Park70, and Machu Picchu (Coldwell 2017) have implemented quota and reservations systems to preserve their ecological and cultural integrity while enabling sustainable tourism experiences.71 These restrictive measures regulate visitor influx by limiting the number of people admitted each day. Moreover, at Machu Picchu, tourists must reserve a specific time slot for their visit, thereby contributing to a balanced distribution of visitors throughout the day. This latter method appears particularly relevant as it helps alleviate visitor congestion and the intensity of their impacts during peak hours (IVUMC 2019).
Similar initiatives have been rolled out in France in recent years. Notably, access to Mont Blanc’s main route has been limited since 2019 to climbers with confirmed reservations at designated refuges.72 Rigorous checks along the trail, conducted by law enforcement, ensure compliance with these regulations.73 Similarly, on Petite Terre islets in Guadeloupe, stringent regulations permit only a select group of authorised professionals to transport tourists, with a carefully planned weekly visitation schedule aimed at preserving the delicate island ecosystem by limiting visitation74 to a daily quota of 188 individuals.75 The Port-Cros National Park has also implemented a visitor regulation system since 2021. This initiative, developed in collaboration with maritime shuttle operators through the “Charte des Bateliers”,76 limits 6000 daily passengers as the number of individuals allowed to disembark on the island of Porquerolles, the most visited of the park’s islands.77
In 2021, the Calanques National Park introduced an innovative reservation system for accessing the Calanque de Sugiton, aiming to address concerns about the site’s sustainability. A regulation whose necessity was raised as early as 1992 during an interview with Nardo Vicente, a marine biology specialist, who stated “Sooner or later, it will be necessary to regulate the visitation of the Calanques” (Gapin 2023). With approximately 3500 daily visitors (Rapport d’activité 2022) causing significant ecological degradation, such as trampling of flora and erosion, the need for intervention was paramount. Commencing in 2022, access to the site now requires reservations via a dedicated application, limiting daily visitors to 400 (Idem.). This number has been selected to account for the rotation of individuals throughout the day. However, the observed attendance, averaging around three hundred people, underscores a discrepancy between anticipated and actual visitation rates. This phenomenon is largely attributed to the free reservation system, which paradoxically leads to a significant number of no-shows.78
It is interesting to note that the Calanques National Park did not rely on the traditional concept of carrying capacity in the development of its reservation system, marking a departure from many conventional park management strategies. Indeed, the concept of carrying capacity, conceptualised by Wagar in 1964, has served as a cornerstone for many authorities managing natural spaces. It aims to strike a balance between tourist visitation and ecological preservation (Leung et al. 2019) by denoting “a quantitative limit beyond which undesirable consequences may occur” (Wagar 1964). This includes factors such as “the strength of the maximum socioeconomic activity that can be borne or the limit of ecosystem disturbance”.79 More specifically, it refers to “the level of visitor use an area can accommodate with high levels of satisfaction of visitors and few impacts on resources” (Lindberg et al. 1997).
This concept involves identifying thresholds beyond which anthropogenic pressures irreversibly degrade the environment (Le Gentil 2020), considering limiting attributes (IVUMC 2019) like soil erosion, trampling of flora, etc.80 Consequently, carrying capacity serves as a foundation for establishing scientifically informed regulations.81 Management frameworks linked to this concept follow a structured sequence of steps, including “establish management objectives/desired conditions and associated indicators and standards, monitor indicators variables, apply management practices to ensure that standards are maintained” (Manning 2007). One key indicator within this framework is the Ecosystems Overcrowding Indicator (Le Coccossis and Mexa 2004), which facilitates the observation of how “tourists are spread over the territory on average, and (…) gives a general indication of pressures on land use due to tourism, with regard to a reference period (for example the year).”82
The carrying capacity is then an analytical tool that aids in understanding the broader impacts of tourism on ecosystems and informs decision-making processes regarding visitor management and environmental conservation strategies. It has notably been used by the Port-Cros National Park in its visitor regulation system (Boué 2022; Deldrève and Michel 2019).
Moving away from the use of the carrying capacity concept, the Calanques National Park adopted a pragmatic approach to establish its quota system, using aerial views to determine the physical capacity of the space, based on an estimated ground occupancy area of 4 square metres per beach towel (See note 65 above).
However, it is important to note that this approach may only be effective because the Calanques National Park established its strategy in a relatively confined space. In larger, more expansive areas requiring management, the concept of carrying capacity still holds immense potential and remains very important and relevant. This highlights the necessity for parks to tailor their management strategies to the unique characteristics and demands of their respective environments, acknowledging that there is no one-size-fits-all solution in conservation management.
This selective implementation, especially during peak periods, ensures better management of visitor numbers, thereby alleviating environmental pressures on the Sugiton Calanques. Unlike traditional systems often tied to strict schedules imposed by professionals, guides, or pre-established tourist circuits, this system offers visitors increased freedom in planning their visit. They thus have the opportunity to create a customised experience perfectly tailored to their needs and preferences, provided they plan their visit in advance.
To enforce control, dedicated security personnel are stationed at the trail’s base, entrusted with the responsibility of scanning QR codes or verifying reservation codes. Additionally, to pre-empt any unexpected occurrences, an informational panel has been strategically placed at the trailhead, serving as a reminder to visitors that access is exclusively reserved for those with reservations.
Of particular interest is the contrast between the reservation system implemented at Port-Cros, which focuses on specific maritime access, and the Calanques National Park’s reservation system, which ambitiously aims to manage a broader spectrum of access. Unlike its counterpart, the Calanques National Park’s system aspires to manage a broader spectrum of access, a feat made even more significant given the park’s urban interface, boasting over 200 pathways and five major entrances. The adaptability demonstrated by the Calanques National Park in managing the diverse challenges posed by its urban interface is truly remarkable. It underscores the importance of tailoring strategies to suit the unique characteristics of each park environment, thereby reflecting the park’s unwavering commitment to sustainable conservation practices.
It is also noteworthy that previously, mayors had no regulatory power over access to natural spaces, which were either prohibited or entirely open, without any intermediate zone. However, thanks to Law No. 2021-1104 of 22 August 2021, aimed at combating climate change and strengthening resilience to its impacts,83 these new quota measures integrate perfectly with French law. Also, following this new legislation, a new special administrative police force for access to protected natural areas has been established,84 and “access and movement of people, vehicles, and domestic animals in protected areas under [Book III] or Book IV may be regulated or prohibited, by reasoned decree, provided that such access compromises either their protection or their enhancement for ecological, agricultural, forestry, aesthetic, landscape, or tourist purposes, or the protection of animal or plant species.”85
Driven by the slogan “Booking is Preserving”86 this national park management strategy, although relatively recent, already instils hope for the regeneration of the natural environment. Promising observations attest to a slowdown in erosion and a resurgence of vegetation in areas previously severely degraded,87 with young Aleppo pine shoots having been observed (See note 65 above). To comprehensively assess the long-term impact of the measure, the National Park board has chosen to extend the reservation policy in Sugiton for a period of five years, from 2022 to 2027.88
In parallel, the visitor experience-focused approach is an essential element. The access restrictions have fostered a more intimate and immersive experience, allowing for a more respectful and contemplative exploration of the natural beauty of the Calanques. This strategy contributes not only to environmental preservation but also to a better appreciation and understanding of these fragile ecosystems by visitors.

5. Part Four—“Discussion and Future Outlook” or “Comparative Analysis and Recommendations”

5.1. Lessons Learned and Recommendations for Both Countries

Finally, within the realm of managing access to natural areas, and as pointed out by Robert Manning, two approaches coexist—both used by the Calanques National Park.
The “indirect” strategies, designed to shape visitor behaviour through fostering an understanding of the fragility of ecosystems and promoting respectful conduct, alongside demarketing efforts, seek to impart knowledge to travellers regarding the unique characteristics of the sites they explore. However, their efficacy is somewhat constrained by their reliance on visitors’ mindfulness and willingness to adhere to prescribed guidelines (Manning 2007).
In contrast, the “direct” approaches are geared towards “ration and allocate recreation use.” Among them is the reservation system,89 which holds particular relevance in the context of the Calanques (Idem.). While undoubtedly effective in dispersing visitor traffic across various areas, therefore allowing the environment to regenerate, such measures raise pertinent questions regarding equitable access to the site. This concern stems from the fact that reservations are facilitated primarily through mobile applications, potentially excluding individuals less adept with technology, such as older demographics or those who cannot afford to use it. To address this potential gap, it is worth noting that the Calanques National Park also allows reservations via phone. Moreover, the method presupposes the ability to control all access points to the natural spaces targeted by the measures, which is not always possible, particularly in cases like the New Forest (Hardin Hall and Wood 2021).
Indeed, the New Forest presents unique challenges in managing visitor flow, as tourists can enter it through a myriad of access points, resulting in significant fluctuations in visitor numbers and distribution throughout the park. Modalities of visitor flow management become crucial here, necessitating innovative solutions to address the complexities arising from fluctuating visitor numbers and diverse entry points. Implementing a comprehensive visitor monitoring system equipped with real-time data analysis capabilities could offer valuable insights into visitor patterns and behaviour, allowing park managers to adapt their strategies dynamically. Additionally, strategic infrastructure development, such as designated entry points with visitor information centres and parking facilities, could help regulate and guide visitor flow more effectively. Moreover, collaboration with local communities and stakeholders is essential to garner support for management initiatives and ensure a balanced approach that respects both visitor enjoyment and environmental conservation priorities.
As highlighted, protecting resources while managing visitor benefits is inherently complex, requiring a nuanced approach that considers the dynamic nature of ecosystems and the ever-changing patterns of human visitation. There is no one-size-fits-all metric for evaluating carrying capacity that can be universally applied to all natural areas, given their diverse characteristics. Each management system must be tailored to the unique context of the local environment, with a primary focus on striking a balance between facilitating positive visitor experiences and preserving the environment.

5.2. Comparative Analysis of Legal Mechanisms for Designating and Protecting National Parks

5.2.1. Why the Reservation System Would Not Work in the New Forest

The Calanques has successfully introduced a number of initiatives, highlighted above, to manage its popularity and lessen the effects of overtourism, but these strategies would not work in the New Forest. Despite their proximity to Marseilles, the Calanques are a remote and wild area with very little habitation.
The configuration of Sugiton Calanques plays a significant role in understanding the implementation and effectiveness of the limitation measure, as it allows for regulation. Indeed, only one main trail leads to the beach, facilitating effective screening of users by the security personnel stationed at the bottom of the trail.
Access to the area is very limited to cars and even then, the three main routes into the park are closed at certain times of the year. Most people who visit the Calanques do so to hike in the mountains (which of course has its own environmental challenges), but vehicular access is curbed. The situation in the New Forest is very different; it is not only a tourist attraction but a vibrant set of communities. Thousands of people travel in, out, and through the New Forest every day. The Calanques’ reservation system would not work here. The New Forest is not only a tourist destination, it is a home, work, school, and a place for leisure. This means that the New Forest National Park Authority must consider other ways to protect the fragile ecosystem of the park. A number of proposals have been made.

5.2.2. A Visitor Tax—An Equitable Way to Protect the New Forest?

While a levy on visitors to the Forest may appear a sensible way forward, it is at risk of falling foul of s.5(1)(b) of the National Park and Access to Countryside Act 1949,90 which sets out that National Parks in the UK have the purpose of “promoting opportunities for the understanding and enjoyment of the special qualities of those areas by the public.”
However, local authorities inside the park have considered other forms of taxation. The New Forest District Council already has plans to increase the amount of council tax paid on empty and second homes in the Forest following reports that there are 1680 properties in this category paying a reduced rate. New central government legislation will enable the council to apply a 100% council tax premium for eligible properties—both empty and second homes and this is likely to come into effect from 1 April 2024 (Griffith 2022). In addition to this, however, the UK does appear to be becoming more open to what is described as a “tourist tax” to be applied in areas of high visitor numbers—places like national parks. A “tourist tax”—also known as a “transient visitor levy”—is a levy on the occupation of short-stay accommodation in a local authority area. They are often seen in European cities, where high levels of tourism are seen (Morelli 2024). However, they are currently not permitted by law in the UK. Such a move would, therefore, require primary legislation and at this time, the UK government has no plans to introduce it.
Both the Scottish and Welsh parliaments appear more open to this (The Visitor Levy (Scotland) Bill was presented to the Scottish Parliament on 24 May 2023 and the Welsh Government published a consultation on a visitor levy in September 2022), but in England, the Manchester and Liverpool city councils have both introduced a tourism-based Business Improvement District (BID), which came in to force from 1 April 2023. This is, in essence, a legal workaround, using existing local government powers, to establish a form of tourist tax. However, unlike the tourist tax about to be introduced in Scotland and Wales, a BID levy falls on business ratepayers, not on visitors—of course, the likely outcome of this could be an increase in hotel, bed and breakfast, and campsite rates.
While taxation may play a part in regulating visitor numbers in the future, the National Park has attempted other schemes to limit the inappropriate use of Forest lands. This has been most marked when it comes to off-road cycling. Many people like to mountain bike in the Forest. Its varied and interesting terrain is perfect for recreational cyclists, but recent years have witnessed visiting mountain bikers come into conflict with both local residents and the Verderers, who have accused them of being “lawless” for not keeping to the marked cycling routes (Foster 2022). The Verderers have recently become more vocal about what they see as a blatant disregard of the bylaw (put in place by Forestry England) to ensure mountain bikers do not stray off the marked paths and have called for anyone flaunting the rules to be prosecuted. The mountain biking community, on the other hand, point to the National Parks and Access to Countryside Act 1949 and (perhaps legitimately) ask why New Forest, a National Park, with two dual legislative purposes to conserve and enhance the natural beauty, wildlife, and cultural heritage and to promote opportunities for the understanding and enjoyment of the special qualities of national parks by the public, is so hostile to this small group of Forest users. Whatever the outcome of the current rift between the Verderers and mountain bikers, this paper would not argue that a strategy of exclusion is the way forward.

5.3. Future Initiatives

The New Forest National Park Authority has outlined strategic opportunities to enhance and protect the forest for the future. One key focus is to collaborate more effectively with Commoners, especially new and young ones, who are deemed essential for the forest’s sustainability. Commoners’ role in maintaining the land and its iconic wildlife is crucial, and supporting them to pass down their knowledge is seen as vital for the continuation of commoning practices. The aim of this strategy is to ensure that the New Forest Commoners have an “increased and meaningful influence on the development of policies which affect their sustainability and way of life”91.
Furthermore, the Authority seeks to increase community participation, emphasising community and heritage building as integral to fostering a sense of stewardship for the forest among its inhabitants (ibid.).

6. Conclusions

The regulation of access to natural spaces often intersects with the widely championed notion of “Nature for all.” However, as approached in this article, the concept of “Nature for all” reveals inherent tensions within the management of publicly accessible natural areas. It prompts a nuanced examination. While advocating for universal access to these spaces and the manifold benefits they offer in terms of solace and recreational activities, unbounded visitation, as evidenced, exacts significant tolls on ecosystems. These deleterious impacts manifest through visitors’ disregard for environmental stewardship, exemplified by littering, as well as the mere presence of individuals, which fosters incessant trampling of flora and exerts stress on fauna.
The widening chasm between visitor numbers and the ecological carrying capacity of natural environments necessitates a reevaluation of the conventional understanding of “Nature for all” entrenched in the collective psyche. The ecological harm stemming from unsustainable visitor influxes raises doubts regarding the feasibility of equitable access to natural landscapes akin to historical paradigms. This conundrum underscores a palpable conflict between the ethos of “Nature for all” and the imperative to safeguard ecosystem integrity for posterity.
Consequently, the principle of “Nature for all” cannot be approached in a simplistic manner; rather, it warrants a nuanced inquiry that accommodates both imperatives of environmental preservation and the legitimate aspirations of the populace. Such contemplation impels a reconfiguration of policies governing natural resource management to strike a delicate equilibrium between public access and biodiversity conservation. It mandates the harmonisation of desires for nature appreciation with the obligation to conserve it for future generations—a multifaceted endeavour necessitating bespoke, innovative strategies tailored to the specific needs of each locale.
In conclusion, the reflection evokes the wisdom of ecologist Garrett Hardin, who aptly observed the unfolding tragedy of the commons in national parks. As he poignantly noted, the unfettered accessibility of these spaces juxtaposed with their finite expanse, amid unchecked population growth, threatens to erode the very values they embody. He notes “The National Parks present another instance of the working out of the tragedy of the commons. At present, they are open to all without limit. The parks themselves are limited in extent—there is only one Yosemite Valley—whereas population seems to grow without limit. The values that visitors seek in the parks are steadily eroded. Plainly, we must soon cease to treat the parks as commons or they will be of no value to anyone.” (Hardin 1968). In the UK and France, access to National Parks is enshrined in law. This right of access is a privilege that allows visitors admittance to Europe’s most precious landscapes. However, our rights of access should not come without a responsibility to treat National Parks responsibly. This paper has demonstrated how, too often, irresponsibility puts the fragile landscapes of national parks at risk. In France, the reservation system used in one of the Calanques bays may present part of the answer, but as this paper has shown, the system of controlling visitor numbers works well at Sugiton Calanques because its location makes access easy to manage. The New Forest, as explained above, will have to find an alternative method of controlling the environmental impact of tourism and leisure use.

Supplementary Materials

The following supporting information can be downloaded at: https://www.mdpi.com/article/10.3390/laws13040041/s1.

Author Contributions

C.C. and M.N. jointly conceived the concept and the writing—original draft preparation and the writing—review and editing. All authors have read and agreed to the published version of the manuscript.

Funding

This research received no external funding.

Data Availability Statement

No new data were created or analyzed in this study. Data sharing is not applicable to this article.

Conflicts of Interest

The authors declare no conflict of interest.

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‘Paradoxe de l’authenticité dégradée: attirés par les lieux où ils espèrent trouver beauté, calme et authenticité, les touristes comme les voyageurs, par leur présence même, dégradent, perturbent, transforment l’espace qu’ils visitent puis délaissent après coup. Le touriste est, par définition, un consommateur d’espace dont l’empreinte écologique n’est jamais nulle’Daum and Girad (2018).
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International Union for Conservation of Nature.
3
National Parks and Access to the Countryside Act 1949 s.1(a) and (b).
4
Department for the Environmental, Food and Rural Affairs, 2022. Landscapes review (National Parks and AONBs): government response. Available at: https://consult.defra.gov.uk/future-landscapes-strategy/government-response-to-the-landscapes-review/supporting_documents/Consultation%20on%20the%20Government%20response%20to%20the%20Landscapes%20Review.pdf (accessed on 4 January 2024).
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See note 24 above.
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30
Faune marine, Parc National des Calanques, https://www.calanques-parcnational.fr/fr/faune-marine (accessed on 19 June 2024).
31
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32
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34
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35
Le Patrimoine bâti, Parc National des Calanques, https://www.calanques-parcnational.fr/fr/le-patrimoine-bati (accessed on 19 June 2024).
36
Parc Culture et Patrimoine du Parc National des Calanques, https://www.calanques-parcnational.fr/fr/prehistoire-et-antiquite (accessed on 19 June 2024).
37
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38
Parc “Plan du paysage sous-marin du Parc National des Calanques”, Parc National des Calanques, 2023, https://www.calanques-parcnational.fr/sites/calanques-parcnational.fr/files/pncal_ppsm_janvier_2023.pdf (accessed on 19 June 2024); L’expérience du Grand Congloué, site internet du Musée d’Archéologie Nationale Français, https://archeologie.culture.gouv.fr/archeo-sous-marine/fr/lexperience-du-grand-congloue (accessed on 19 June 2024).
39
Consider the artistic contributions of luminaries such as Paul Signac and Jerome Hill, the literary masterpieces of Frédéric Mistral, recipient of the Nobel Prize in Literature in 1904, as well as the enduring works of Marcel Pagnol and Jean Giono. Additionally, movies like “Stillwater” (2021), “L’Odyssée” (2016), “Marius”, and “Fanny” (2013) have utilised the breathtaking backdrop of the Calanques landscape to captivate audiences worldwide.
40
Le Château d’If, Parc National des Calanques; Histoire du Château d’If, Centre des Monuments Nationaux, https://www.chateau-if.fr/decouvrir/histoire-du-chateau-d-if (accessed on 19 June 2024).
41
Yandell C, ‘Two Men Fined More than £1k Each for Poaching’ (Daily Echo, 14 October 2021) <https://www.dailyecho.co.uk/news/19645532.two-men-fined-1k-poaching-new-forest/> (accessed 17 February 2024).
42
“Des déchets dans les Calanques”, Parc national des Calanques, https://www.calanques-parcnational.fr/fr/des-dechets-dans-les-calanques (accessed on 19 June 2024).
43
“Pollution”. Parc National des Calanques, https://www.calanques-parcnational.fr/fr/les-pollutions (accessed on 19 June 2024).
44
Changement climatique, Parc National des Calanques, https://www.calanques-parcnational.fr/fr/le-changement-climatique (accessed on 19 June 2024).
45
“Calanques: des patrouilles plus régulières pour lutter contre les braconniers”. January 2023. France Info Website. https://www.francetvinfo.fr/replay-jt/france-2/13-heures/calanques-des-patrouilles-plus-regulieres-pour-lutter-contre-les-braconniers_5598569.html (accessed on 19 June 2024).
46
“Note salée pour deux braconniers reperés dans les Calanques”, MarsActu, Local investigative newspaper, 4 March 2024, https://marsactu.fr/bref/note-salee-pour-deux-braconniers-reperes-dans-les-calanques/ (accessed on 19 June 2024).
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48
Decision of the Cour d’appel d’Aix-en-Provence, 29 June 2021, n° 20/01931.
49
Conseil d’administration—Séance du 10 Décembre (2020) Point n° 1 de l’ordre du jour: L’Hyper-fréquentation sur le territoire du Parc national des Calanques: débat d’orientations.
50
Conseil d’administration—Séance du 10 Décembre (2020) Point n° 1 de l’ordre du jour. op. cit.
51
Conseil d’administration—Séance du 10 Décembre (2020), op. cit.
52
New Forest National Park Authority, ‘New Forest Residents’ (New Forest National Park Authority) <https://www.newforestnpa.gov.uk/communities/#:~:text=More%20than%2034%2C000%20people%20live,help%20protect%20this%20special%20place> (accessed on 4 January 2024).
53
See note 5 above.
54
National Parks and Access to the Countryside Act, 1949.
55
‘Sites of Special Scientific Interest (England)’ (Natural England Open Data Geoportal) <https://naturalengland-defra.opendata.arcgis.com/datasets/Defra::sites-of-special-scientific-interest-england/about> (accessed on 3 February 2024).
56
See note 10 above.
57
See note 54 above.
58
The New Forest Act, 1970.
59
New Forest National Park, ‘New Forest Verderers Byelaws’ (New Forest National Park, 20 December 2023) <https://www.new-forest-national-park.com/new-forest-verderers-byelaws/> (accessed on 3 January 2024).
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Ramsar Convention on Wetlands, 1971.
61
‘Conservation in the New Forest National Park Authority’ (New Forest National Park Authority) <https://www.newforestnpa.gov.uk/app/uploads/2018/01/conservation1_designations.pdf> (accessed on 3 January 2024).
62
Demarketing may be defined here as “that aspect of marketing that deals with discouraging customers in general or a certain class of customers in particular on a temporary or permanent basis”, Kotler and Levy (1971).
63
In French ‘Survivre aux calanques et…’, ‘Au printemps et à l’été, préparez-vous à voir BEAUCOUP (sic !) de monde dans les Calanques (…)’, Sasportas (2021).
64
“Bouches-du-Rhône: le parc national des Calanques fait sa contre-publicité pour limiter le tourisme”, 9 February 2021, France Info website.
65
Mrs. Frédérique Figueroa, Head of the Public Reception and Citizen Mobilization Department of the Calanques National Park, during an interview held on 15 March 2024.
66
67
Here, we support the idea put forward in the research conducted by Magalhães et al. (2017), which suggests that “measures that involve the prohibition of access, or limitation of visitant’s number, in space or time, aren’t demarketing measures for themselves, because they don’t solve the environmental problems caused by over-visiting tourists discouraging customers.”
68
“Mes Calanques”, The official mobile application of the Calanques National Park, Parc National des Calanques, https://www.calanques-parcnational.fr/fr/application-mobile-officielle-mes-calanques (accessed on 19 June 2024).
69
The reservation system, aimed at alleviating the overexploitation caused by tourism on certain islands, is currently operational at Las Grietas and the Fausto Llerena Breeding Center, while implementation is underway at the David Rodríguez Breeding Center. On that topic, see: Dirección del Parque Nacional Galápagos (2014).
70
The Ordesa y Monte Perdido National Park states that “The Park’s capacity for preservation reasons is 1800 people simultaneously”, https://www.ordesamonteperdido.com/en/buses/ (accessed on 19 June 2024).
71
Garric (2022–2023). op. cit.
72
Arrêté préfectoral 31 mai 2019 portant conditions temporaires d’accès à l’itinéraire de la voie normale d’ascension du Mont Blanc pour la saison estivale, 31 mai 2019, https://www.haute-savoie.gouv.fr/contenu/telechargement/30028/178924/file/082-spécial-03juin19-recueil.pdf (accessed on 19 June 2024).
73
Dispositif Mont Blanc, Dossier de presse. 2019. Mairie de Saint-Gervais les Bains. https://www.saintgervais.com/app/uploads/saint-gervais/2023/10/Dossier-de-presse-Mont-Blanc-Operation-Brigade-Blanche-ete-2019.pdf (accessed on 19 June 2024).
74
Articles 3 and 13 of the Decree No. BATDD/2017_02 regulating commercial and non-commercial activities within the natural reserve of the Petite Terre Islands.
75
Arrêté du 15 Novembre 2022 portant autorisation des activités commerciales et non commerciales dans la réserve naturelle des îles de la Petite Terre, Préfecture de la région Guadeloupe, sous-préfecture de Pointe à Pitre, https://reservesdesiradepetiteterre.com/wp-content/uploads/2022/11/2022-AP-activites-commerciales-et-non-commerciales.pdf (accessed on 19 June 2024).
76
By this Charter, “the main private and public actors in maritime transport commit to implementing measures that contribute to a reasoned and sustainable passenger transport”, Charte des Bateliers, Métropole Toulon Provence Méditerranée, https://metropoletpm.fr/sites/new.tpm-agglo.fr/files/charte_des_bateliers.pdf (accessed on 19 June 2024).
77
Métropole Toulon Provence Méditerranée (2023). “Porquerolles poursuit ses mesures pour réguler sa fréquentation cet été”, https://metropoletpm.fr/actualites/porquerolles-poursuit-mesures-reguler-frequentation-cet-ete (accessed on 19 June 2024).
78
See note 65 above.
79
Wagar (1964). op. cit.
80
81
Le Gentil (2020). op. cit.
82
A tourism capacity indicator for protected areas. Kostopoulou and Kyristsis (2006). op. cit.
83
Loi n° 2021-1104 du 22 août 2021 qui vise à combattre le dérèglement climatique et à renforcer la résilience face à ses impacts, https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000043956924 (accessed on 19 June 2024).
84
Article 231 of the Environmental Code.
85
Translated from French “l’accès et la circulation des personnes, des véhicules et des animaux domestiques aux espaces protégés en application du [livre III] ou du livre IV peuvent être réglementés ou interdits, par arrêté motivé, dès lors que cet accès est de nature à compromettre soit leur protection ou leur mise en valeur à des fins écologiques, agricoles, forestières, esthétiques, paysagères ou touristiques, soit la protection des espèces animales ou végétales", article L.360-1 of the Environmental Code.
86
Translated from French “Réserver, c’est préserver”.
87
Rapport d’activité (2022), Parc National des Calanques, op. cit.; De Jaeger (2021).
88
Reservation Sugiton, Parc National des Calanques, https://www.calanques-parcnational.fr/fr/des-decouvertes/preparer-sa-visite/reservation-sugiton (accessed on 19 June 2024).
89
The others are lotteries, first come first served, pricing and merit. Manning (2007), op. cit.
90
s.5(1)(b) National Parks and Access to the Countryside Act 1949.
91
‘Section 4—Threats and Opportunities—New Forest National…’ (New Forest National Park Authority) <https://www.newforestnpa.gov.uk/app/uploads/2018/03/LCAP_Part_1___Section_4____Threats_and_opportunities.pdf> (accessed on 8 March 2024).
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Cox, C.; Natali, M. National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces. Laws 2024, 13, 41. https://doi.org/10.3390/laws13040041

AMA Style

Cox C, Natali M. National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces. Laws. 2024; 13(4):41. https://doi.org/10.3390/laws13040041

Chicago/Turabian Style

Cox, Caroline, and Meganne Natali. 2024. "National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces" Laws 13, no. 4: 41. https://doi.org/10.3390/laws13040041

APA Style

Cox, C., & Natali, M. (2024). National Parks and Protected Areas: A Comparison of the Approach Taken in the UK and France for the Protection of Green Spaces. Laws, 13(4), 41. https://doi.org/10.3390/laws13040041

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