Solar Energy in the Shadow of Moroccan Law

Presented at the round table organised in Marrakech for World Environment Day in June 1987 on 'Renewable Energies and the Environment', this paper analyses the legal treatment of solar energy in Moroccan law, in a global context marked by successive energy crises and growing awareness of the dead-end of fossil fuels. The author examines the paradox whereby the sun — a potentially unlimited energy source capable of satisfying 99% of humanity's energy needs — remains 'in the shadow' of the law, largely ignored by legal systems and maintained in a 'zone of non-law', even as its exploitation develops in various forms (photovoltaic, thermal, bioconversion). Comparative law analysis reveals the progressive emergence of 'solar law' in several countries (France, United States, Scandinavian countries), which seeks to regulate access to solar radiation, protect solar collectors against shading, frame solar energy concessions, and integrate solar requirements into urban and construction law. The author evaluates the state of Moroccan law against these developments, highlights the legal void prejudicial to solar energy development in a country with exceptional sunshine, and calls for legislative reform promoting renewable energy exploitation as a vector of sustainable development and environmental protection.