Dissertations / Theses on the topic 'Droit à un environnement sain'
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Bentirou, Mathlouthi Rahma. "Le droit à un environnement sain en droit européen." Thesis, Université Grenoble Alpes (ComUE), 2018. http://www.theses.fr/2018GREAD001/document.
Full textThe subject of this study focuses exclusively on the right to a healthy environment in European law as it is defined by the two major European legal systems which constitute this right: Council of Europe and European Union. It seems fundamental to understand how these two complementary but also competing legal orders can be seized in a similar way or, on the contrary, significantly different from the great challenge of the right to a healthy environment. The choice to study the right to an environment in a European context is justified by the special approach offered by European law as a field of analysis. Indeed, the two organizations and their respective legal orders, the European Union and the Council of Europe, are two systems that work differently, which are driven by singular objectives but which do not exclude certain reconciliations. Thus the right to a healthy environment in Europe is most often apprehended from two different approaches. On the one hand, the "droit de l’hommiste" angle, very much favored by the Council of Europe, which claims its pioneering role in the protection of human rights, democracy and the rule of law . On the other hand, the European Union, first conceived as an Economic Union and an organization that remains fundamentally driven by economic objectives. Of course, the EU also defends and protects human rights. But the healthy environment or the high level of environmental protection that is its corollary is more frequently confronted with fundamental freedoms guaranteed by the EU, in particular freedom of movement within the framework of the internal market. This balance between the human right approach and the internal market approach is very specific to EU law. European law will be studied in a systemic approach: process of norm production. This specificity of European law to the healthy environment and its dynamics deserve to be apprehended both from the point of view of the recognition of right and its implementation, which we will see that it is animated by springs specific to each of organizations, but which are not necessarily exclusive of each other
Perruso, Camila. "Le droit à un environnement sain en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D050.
Full textThis thesis is devoted to study the scope of the right to a healthy environment in international law. This human right is apprehended as the result of interactions between international human rights law and international environmental law as well as among different normative ensembles for the protection of human rights. This right is witnessing a remarkable rise within countries and legal systems of human rights protection. By retracing the various stages of its progressive development, this thesis aims to identify its contours, both formally and materially. It then considers the implementation of this right through the related obligations and the control that can be achieved. As a result, it seems fair to suggest that the conditions are now in place to recognise its universal scope. In addition, this thesis considers the right to a healthy environment as one of the possible responses to the environmental crisis which calls for a renewal of the relationships that humans have with nature. It is in the light of this axiological perspective that the right to a healthy environment is analysed
Baumann, Paul. "Le droit à un environnement sain au sens de la Convention européenne des droits de l'homme." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT3007/document.
Full textThe right to a healthy environment is not stated in the text of the European Convention on Human Rights. However, this fact did not prevent the European judge, starting in the 1980s, from progressively setting up a protective plan that helped deal with this lack. Firstly, a specific body of case law was brought together. Its structure being formed by means of the technique of positive obligations, this law is analysed as a "right to the protection" of a healthy environment, the purpose of which is not the protection of nature but essentially aims at human environmental security, including mankind's man's living space. Secondly, the study of implementation of the protection under the terms of the Convention disclosed a discrepancy between the Praetorian development and the effective authority of the right to a healthy environment under the ECHR. Findings of Convention violations are infrequent. The judge's sanction is issued only on the grounds of exceptional circumstances, stemming from the seriousness of environmental harm and the discrepant situations judged on the basis of internal law. A first explanation is the inadequacy of European human rights with regard to the complexity of environmental litigation. However besides this "technical" obstacle there is a second "political" one. Analysis thus reveals the case law strategy of a judge who does not feel vested with sufficient legitimacy to intervene in litigations that mainly implicate freedom to the foundation stone of European liberal democracies. The right to a healthy environment might therefore in such a context be openly viewed as a mere exception to the freedom to destroy it
Rousseau, Steven. "Essai sur le rôle des principes de prévention et de précaution dans la reconnaissance d’un droit positif à un environnement sain et respectueux de la biodiversité au Québec." Mémoire, Université de Sherbrooke, 2015. http://hdl.handle.net/11143/8168.
Full textAbstract : Legislative action regarding environmental protection in Québec is characterized by the establishment of wide discretionary powers, which allow the governement to maintain a healthful environment in which biodiversity is preserved to the extent that it has previously determined. However, this situation does not go without critics, such definition of environmental rights and powers have proven ill-adapted in many respects to deal with modern ecological issues. This essay aims to put forth another interpretation of the rules constituting Quebec’s environmental law. It is argued that the Sustainable Development Act, which was enacted in 2006, can be interpreted so as to transform the paradigm of environmental law, even so far as to systematize this legal subsystem. More specifically, this paper try to demonstrate that the principles of prevention and precaution provided for by this Act, far from being only incentive principles, can be interpreted as imposing an underlying duty to the Administration’s powers to maximize the probability of maintaining a healthy environment. Associated with provision 46.1 of Quebec Charter of human rights and freedoms, which should, however, be reinterpreted so as to secure the overall environmental rights and duties to the liability regime provided for by this fundamental law, these principles would thus constitute the substance of a right to a healthy environment in which biodiversity is preserved. The second part of this essay aims to consider the content of such a duty, and to foresee the consequences of its judicial application.
Petsoko, Maturin. "Exploitation minière et droits fondamentaux en droit camerounais - Recherche d'une conciliation entre developpement économique et droit à la santé et à la vie." Electronic Thesis or Diss., Lyon, 2020. http://www.theses.fr/2020LYSE3018.
Full textAlthough mining is useful because it generates revenues, it also raises difficulties because it undermines some legally protected interests. This is why it is criticized for its many negative externalities that hurt some fundamental rights, as the right to health, and finally, the right to life. The question is whether to give it up or whether to maintain it. The solution seems to be maintenance, but for that, it must be reconciled with environmental and social considerations. The research question is how to organize a mining operation that ensures the preservation of the right to health and the right to life ? To organize the conciliation between these imperatives is the object of this thesis. It is justified not only by the usefulness of mining, but also by the interests attached to the protection of fundamental rights.Faced with this difficulty, the Cameroonian legislator has taken some important, but insufficient measures that need to be completed. The analysis reveals that the regulations do not give the necessary guarantees of a legal security that would integrate both the preservation of the general interest and the private interests of mining operators, and the fundamental rights of the citizens. These legal uncertainties call for further reflection so that the technical, scientific, health and environmental uncertainties raised by mining should fully be taken into account. This is the reason why several proposals have been made to optimize this conciliation. To this end, sustainable development appears as the martingale of the reconciliation of diverging interests.Conciliation involves the avoidance of damages on the one hand and the curative treatment of the negatives effects of mining on health and life on the other. Although the field of experimentation of research is Cameroon, the analysis remains mobilizable in others contexts
Milon, Pauline. "Analyse théorique du statut juridique de la nature." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0051.
Full textThis thesis questions the legal status of nature through a theoretical analysis. Reflecting on the status of nature is tantamount to questioning the singularity of the link between man and nature: is it a relationship that induces a scale of value with a subsequent hierarchy, or rather a relationship without hierarchy but with links of interdependence? Eventually, the idea is the idea is to escape from a dualistic logic separating man from nature. Nature is first reified by law. Object of law, defined by and for men, nature is considered as a thing, a good or an heritage. But this thesis is above all the observation of an evolution of the status of nature which can no longer be considered today only as an object. The socio-political evolution accompanies a movement aiming at the progressive subjectivization of nature. A rebalancing then occurs, "desacralizing" man as he persists in cutting himself from the rest of nature
Fritz-Legendre, Myriam. "La protection de la biodiversité en droit international et en droit comparé : vers un renforcement de la dimension préventive du droit de l'environnement." Dijon, 1997. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/fbb2f079-6eaf-41e2-bb44-9df0a7e717d3.
Full textThe conservation of biological diversity has given an opportunity of measuring the inadequacy of the established ways of thinking in the fields of international law of development and more generally of international law. The states had to adjust their measures of protection to the specificity of a whole whose inner interdependences and complexity showed through more and more global environmental problems. This evolution has led the states to consider protecting all that is living on earth, i. E. The biological diversity. The taking into account of that global environment has therefore fundamentally changed the relations between mankind and nature, and the way mankind looks at them, for the human being is more and more directly subjected to environmental problems. Prevention therefore seems the only attitude able to avoid the further worsening of the situation. The states must be looked at no longer as only entities sovereign on their resources but as co-managers of a natural heritage in jeopardy and needing to be safeguarded. Besides, biodiversity deeply changes not only relations between mankind and nature but also relations inside mankind in so far as it is today this issue - this new way of thinking - that determines the future of humanity
Gréco, Marjorie. "Le droit dans un environnement équilibré et respectueux de la santé." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0002.
Full textThe first part of these researches aims at studying the causes of the apparition of the Charter of the environment and in particular the right for everyone to live in a balanced and environment, which is conducive to health (Article 1 of the Charter). It then develops the definitions of this right, particularly in the light of international and national laws prior to the Charter,to finally analyze its effectiveness. The lack of effectiveness of the right for everyone to live in a balanced environment that is conducive to health constrains, in a second part, to assimilate the environmental prejudice, as a subjective prejudice, to an objective ecological damage. This allows to analyze the responsibility induced by environmental and health damages. Finally, it is noted that, through all the environmental regulations, an environmental balance between man and nature, and health preservation have systematically been sought. This health protection requires the supervision of wild nature and,subsequently to environmental transformations, the development of solutions to remediate to environmental damage harmful to humans. If all these rules were converging towards a single objective, which would be to live in a balanced environment conducive to health, it could be possible to say that this right is the sign of the emergence of a new concept. However, this body of law remains, to this day, purely political and hypothetical. Its effectiveness exists only occasionally, through a multitude of environmental and urban planning rules, whose large scope also remains an obstacle
Jamay, Florence. "Le droit à l'information : un principe général du droit de l'environnement." Paris 1, 1998. http://www.theses.fr/1998PA010295.
Full textThe purpose of this writting is to show how the maladjustement of the mechanisms coming from the access to the information right lead to the creation of specific tools for the environment. These innovative mechanisms are able to open doors to the information right in order to resolve the crisis of the public decisions. This writting allows to make a reflection to the administrative democracy by the point of view of the information right principles. This work involves the right of environment (by the creation of specific mechanisms of information) and administrative right, boosted by the right of environment. In a matter of fact, the right of the environment is amorced by a militant point of view. So, this right will permit actions for the protection of the environment. Therefore, the right of the environment is a correct proceed for the right of the information in order to renovate the relation between civil society and state
Lucas, Mathilde. "Propriété intellectuelle : vers un nouveau droit du créateur." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10034.
Full textThe intellectual property is going through a legitimacy crisis as never before. It occurs in a context of technological revolution that leads towards mounting piracy. It is justified by the distortion of the protection criteria and is explained by the evolution of mentalities and uses of the public. Finally, it is increasing in the face of the growing sense of impoverishment of creators. The confrontation between the interests of the public, creators and operators is at the heart of heated societal debates. Intellectual property law regimes incorporate common social functions. They support the same objectives. But a very clear split can be observed between the highly personalized approach of « droit d’auteur » and the highly interest-based approach of industrial property. The justifications for these differences may be called into question, particularly in view of the extreme porosity of the two areas of intellectual property. Moreover, the legislator has a tendency to insert within the matter some related rights, detached from any idea of creation. As a result, intellectual property shows a loss of meaning. The right of intellectual property must find a balance. It must also regain coherence to establish its authority. Therefore, it is necessary to draw an inventory of intellectual property laws in order to consider the rationalization prospects which are available in this area
Benkhalifa, Mohamed. "Le droit international de l'environnement face au nouveau désordre mondial : un droit de cohésion des Etats au service du développement durable." Perpignan, 2004. http://www.theses.fr/2004PERP0511.
Full textIn a step (method) of analysis of the international legal practices; and more particularly around a contributive reflexion devoted to principle 27 of the "declaration of Rio de Janeiro" of 1992, the heuristic approach that we advance endeavours, on one hand, to show that the development cannot be sustained in its search of sustainability, by the international law, with effectiveness, if this last does not stick, on the level of its codification, to be built while resting, with the precondition and in an effective way, on a process of installation of relevant and coherent mechanisms of dialogue. This vision forming a unit with the spirit of the international law of the environment (ile), this one represents, in this respect, a source of appropriate and innovative inspiration. And on the other hand, to establish that this right of precaution, allying unity and diversity, is a right of unification and cohesion of states ; being this one a preliminary seriousness for a real "world partnership" concerned about the sustainable development. And that so, in a configuration of "environmental diplomacy", intrinsically conforms to its principles, the ile can assert himself, objectively, as one of the potential bridles in the striking causes of the north-south fracture
Vignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif." Nice, 1998. http://www.theses.fr/1998NICE0034.
Full textCouston, Frédéric. "Pour un humanisme écologiste : vers une méthode." Paris 10, 2002. http://www.theses.fr/2002PA100112.
Full textTietzmann, e. Silva José Antônio. "Vers un droit pour les établissements humains durables." Limoges, 2007. https://aurore.unilim.fr/theses/nxfile/default/57051f81-0679-40f2-8c91-74257de437f6/blobholder:0/2007LIMO1009.pdf.
Full textThis thesis proposes a new legal frame, able to establish the concept of sustainable human settlement (according to UN notion), comparing Brazilian and French urban, environment and land use law
Balthazard, Bernard-Louis. "Vers un droit mondial du développement durable : Contribution à l'étude d'un droit commun aux droits de la santé et de l'environnement, en France et au Laos." Montpellier 1, 2009. http://www.theses.fr/2009MON10043.
Full textCristino, Frota Mont'alverne Tarin. "Vers un régime international sur l’accès et le partage des avantages dans le droit de la biodiversité ?" Paris 5, 2008. http://www.theses.fr/2008PA05D008.
Full textThis study aims to determine the need, despite the variety of obstacles, of an international regime on access to genetic resources and benefit-sharing. The question is what measures might be most appropriate to harmonize the objectives of the Convention on Biological Diversity regarding the access to genetic resources and the fair and equitable sharing of the benefits arising from their use, the national laws on access and benefit-sharing, the Bonn Guidelines and the rules on intellectual property. The need for an adequate and coherent legal framework arises to resolve conflicts. The main issue is what kind of international regime on access and benefit-sharing is under formation
Nivault, Sébastien. "L'évolution du statut des entreprises locales de distribution d'́électricité et de gaz dans un environnement concurrentiel." Poitiers, 2004. http://www.theses.fr/2004POIT3004.
Full textDufour, Stéphane. "La gestion des déchets : un test pour le droit communautaire de l'environnement." Paris 1, 2000. http://www.theses.fr/2000PA010294.
Full textGuillerminet, Marie-Laure. "La décision d'investissement et son financement dans un environnement institutionnel en mutation : application de la théorie des options réelles au cas du nucléaire." Montpellier 1, 2002. http://www.theses.fr/2002MON10004.
Full textNeveu, Lily Pol. "Le droit à l'autodétermination des peuples autochtones et la protection de l'environnement : un conflit normatif?" Thesis, Université Laval, 2008. http://www.theses.ulaval.ca/2008/25466/25466.pdf.
Full textGrandval, Manon. "Protection de l'enfance : penser un environnement capacitant pour la parentalité. : par l'espace, le temps et l'interrelationnel." Thesis, Mulhouse, 2019. http://www.theses.fr/2019MULH2801.
Full textIn this thesis, we seek to a better understanding about the potential place of parents in child protection institutions, through a developmental aim. Through historical, legislative, and conceptual contextualization, we found that working with families can be divided into four areas: substitute, support, family education, and coeducation. A paradigm change appears: the empowerment. By refocusing on the environmental aspect of the accompanying, we ask ourselves: Under what conditions can child protection institutions be enabling environments for parenthood?We hypothesize that two conditions must be met to create an enabling environment for parenthood: parents and their power to act must both have a symbolic place and a physical place in the relationship with professionals.In a hermeneutical and phenomenological approach, we opt for a research-intervention process with five institutions of the same Alsatian association. To verify our hypotheses, we use three methodological tools: a collection of data in the families' files, focus groups with professionals, semi-structured interviews with parents. Results show space, time and interrelation at the heart of designing of an enabling environment for parenthood, where the implicit meets the explicit
Garcia, Batista Lima Gabriela. "La compensation en droit de l'environnement : un essai de typologie." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1023.
Full textThis typology aims to systematize the use of compensation as a tool of environmental law . The compensation takes effect in multiple forms: damages compensation, regulatory compensation, compensation's markets and payments for environmental services. Each of these forms has different functions, including those to compensate, repair, to encourage and to reward. The organization of these types is quite unique as a sophisticate use of compensatory logic, adapting to the environmental, through the principles and rules on the no net loss principle, fairness and proportionality of the compensation measure in relation to what it compensate. It is also shown how the environmental standard has been improved with regard to the legal effectiveness of environmental law, from the complementary use of market tools, together with the more traditional legal tools. In this regard, compensation for environmental damages, and regulatory compensation are seen in a classical approach, while compensation's market and payments for environmental services belong to an innovative approach that integrates ecosystem conservation in the environmental standard. However, several limitations to the legal effectiveness of this instrument are identified. Compensation, in its various forms, is as a management tool to balance the gains and losses in economic, environmental and social around an environmental issue
Cochet, Caroline. "Bruit et urbanisme : Une approche juridique." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0711/document.
Full textNoise is considered as a real pollution for the quality of life. Law has been requested to respond the multi-form cases of noise pollution. The matter is firstly the concern of environmental law. It is especially treated in a sectorial way. Town planning law also seizes the question, in a diffuse way, as environmental issue, or in a specific way when noise pollutions are directly caused by the use of grounds.However, under the influence of more and more pervasive environmental law, and further to the new legislation resulting from the Grenelle of the environment, town planning law underwent a deep transformation. It has been rewritten on the basis of new environmental objectives and of sustainable development. Town planning law also absorbs many other juridical sectors. Therefore it appears as a global space law and living environment law, allowing to improve the sound context.The perception of noise has changed, as well as its consideration into town planning law. Town planning law can be considered as a favorable measure to develop a more global and unified approach of the very composite legal system against noise pollution.The study of the relationship between noise and town planning highlights new manners to consider noise into space and living environment, differently from the classic approach imposed by environmental law
L'Homme, Patrick. "Risques majeurs et droit des sols : les outils juridiques de la protection des personnes et des biens dans les zones soumises à un risque naturel prévisible ou technologique majeur." Pau, 1999. http://www.theses.fr/1999PAUU2005.
Full textLaydner, Patricia. "Un juge pour l'environnement, étude comparée en droit français et brésilien." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS396.
Full textEnvironmental law is a new and important legal subject which protects collective interests essential do the maintenance of human life. It is marked by globalization and mainstreaming, it is influenced by science and specially by the legislative inflation. Such right,which evolves in complexity, found a place in the French and Brazilian Constitutions. Guaranteeing its application is a real challenge for lawyers and also judges. Certainly, if the integration principle calls for the consideration of the environmental impact in all public decisions, so is the judge also invited to play an essential role in the protection of the environment. In this context the idea of specializing environmental jurisdiction arises. Since it is seen as a solution to the problem of complexity – but also a way to fight the heavy workload faced by judges – the specialization would effectively have certain advantages,allowing the familiarization of specialists to the specific marking of such as a very particular right. However, regarding organic specialization,there are still certain difficulties that remain,such as: the environmental competence that is difficult to define and certain forms of specialization – which seem to differ from the Brazilian and French systems – are in risk of being isolated within the subject. The environmental training of judges, which may also be seen as a subjective specialization, thus appears as a necessary way to the evolution of the application of the environmental law by the judge
Nova e importante disciplina jurídica, o direito ambiental protege interesses coletivos essenciais à manutenção da vida humana. Marcado pela mundialização e transversalidade, influenciado pela ciência, particularmente marcado pela inflação legislativa, este direito, que evolui na complexidade, encontrou lugar nas constituições francesa e brasileira. Sua aplicação representa um verdadeiro desafio para os juristas, inclusive juízes. Com efeito, se o princípio da integração convida à consideração do impacto ambiental em todas as decisões públicas, o juiz também é convidado a exercer um papel essencial para a proteção do meio ambiente. Neste quadro, surge a ideia de especializar a jurisdição ambiental. Vista como uma solução ao problema da complexidade – mas também como uma forma de lutar contra a sobrecarga de trabalho enfrentada pela justiça – efetivamente a especialização teria certas vantagens, principalmente a de permitir a familiarização dos especialistas às especificidades que marcam este direito tão particular. Mas em termos de especialização orgânica, restam certas dificuldades: a competência ambiental é difícil a delimitar e certas formas de especialização – que não parecem compatíveis com as características dos sistemas francês e brasileiro – riscam levar ao isolamento da disciplina. A formação ambiental dos juízes, que pode ser vista como uma forma de especialização subjetiva, aparece assim como uma via necessária à evolução da aplicação do direito ambiental pelo juiz
Belaïdi, Nadia. "La lutte contre les atteintes globales à l'environnement : vers un ordre public écologique ?" Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f6701868-5bf0-4ba3-95d4-a0945429b5f2.
Full textDesjardins, Marie-Claude. "Les possibilités et les limites de l'«analyse du cycle de vie» pour un droit de l'environnement plus cohérent et efficace." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24192/24192.pdf.
Full textBaril, Jean. "Bureau d'audiences publiques sur l'environnement et développement durable : de simple rouage d'une procédure d'autorisation de projet à un véritable organisme de planification environnementale." Thesis, Université Laval, 2006. http://www.theses.ulaval.ca/2006/24031/24031.pdf.
Full textFrozel, Barros Natália. "Un océan d'incertitudes : problématisations et mise en forme légale des fonds marins par le travail diplomatique." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D069.
Full textThis thesis analyzes the creation, amendment and continuous mobilization of the Common Heritage of Mankind (CHM) regime through the lens of diplomatic multilateral negotiations in the United Nations (1960-2016). It’s striking that this idealistic principle keeps on emerging in international politics, while its evolution unveils the transformation from an idealistic public international law to a managerial one. This thesis studies diplomatic activity through the sociology of public action. It analyzes the law-transformation phenomenon as a transformation in the manner in which diplomats problematize seabed-related problems and manage uncertainties (technical, economic, political). Through four re-problematizations (security, moral-economic, marketoriented, environmental), diplomats are less oriented by political-diplomatic divisions and more by the role their countries play in the world market. At least three reasons account for this: strengthening of managerial tools in national and international public arenas; the need to “de-state” in the sense of depersonalizing the solutions diplomats bring to the table; and the decline of clear political alignments from the time of the Cold War. A transformation on how the law is written takes place : diplomats no longer decrease uncertainties by the means of a clear political game, capable of producing its own certainties. Henceforth, by producing flexible law, they contend with the uncertain
Galey, Matthieu. "La protection de l’environnement en droit anglais. Propriété, puissance publique et développement soutenable dans un contexte de common law." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020097.
Full textNo summary
Edynak, Elsa. "Le droit international applicable à l'océan Arctique : l’adéquation d’un ensemble juridique complexe à un espace spécifique." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR139.
Full textClimate change and the disruption it implies in the Arctic have really renewed the interest in this space. This raises issues of different scales (both regional and global), but also of different natures (economic, political, social, environmental), which constitute as many legal issues and question the relevance of the applicable law. However, and this is the main legal issue here: the existing legal framework is extremely complex, whose consistency and relevance concerning the region have been widely questioned. But to this unique problem - com-plexity - the authors do not seem to agree on the solutions to adopt. These differences underline the interest to determine whether the legal framework for the Arctic Ocean can be considered as "adequate" in the sense that it would enable a management that meets the criteria of a satisfying legal system. Regarding the method, the study demanded to put the apparent disorder in order. To this end, systematization was necessary; it was done through the creation of a synoptic table analyzing all the standards of international law applicable to the region,. In conclusion, despite its diversity, the legal framework can nevertheless be considered satisfactory from a substantive (completeness) and formal (coherence) point of view. Beyond simple coherence, the current cons-truction of an Arctic law leads to the identification of an scheduling process at the regional level, this framework resembling more and more a real "legal system". This regionalisation is legally essential. Nevertheless, it must be recognized that it does not ensure the worldwide action which remains essential in the face of the global problem that is climate change. If it constitutes a probably necessary step, it represents above all an additional step in this generalized implementation and therefore reinforces the fragmentation of international law, and its complexity
Amisse-Gauthier, Magali. "La régulation juridique des interactions entre les démarches économique et environnementale : enjeu pour un développement durable : l'exemple des marais salants de la presqu'île guérandaise." Nantes, 2002. http://www.theses.fr/2002NANT4004.
Full textMasoumi, Khazar. "La responsabilité environnementale des Etats : un régime juridique en émergence." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA001.
Full textDespite some authors’ scepticism, the international environmental law can find certain solutions in the law of state responsibility. However, the success of finding such solutions depends on the introduction of a number of environmental considerations to as conditions of state responsibility, its invocation and reparation. Regarding the first, although the state responsibility, which is based on breach of obligations, may lack normative environmental aspect, its preventive role vis-a-vis the environmental harm should not be underestimated. As to the invocation, the positive law has to acknowledge the right of an injured state acting for the collective interest in order to include spaces and species beyond the state’s sovereignty to the law of state responsibility. Regarding the forms of reparation, restitution and compensation must be adapted taking into consideration the importance of environmental restoration towards baseline conditions. However, satisfaction needs to transform into a multiform and flexible form of reparation. For this purpose the present study suggests the biodiversity offset mechanism as a form of satisfaction
Tassinari, Carlo Andrea. "Les nouvelles frontières du développement : l'idéologie durable, une analyse sémiotique des textes onusiens." Thesis, Toulouse 2, 2019. http://www.theses.fr/2019TOU20108.
Full textThis work provide a semiotic analysis on the evolution of international environmental law based on the concept of sustainable development as United Nations define it in the EarthSummit. In order to do so, the thesis organize the corpus of the Earth Summit records following the idea that they are bound together by a coherent strategy which deploys from 1972 to 2012, and found a typology of ONU's documents, encompassing directive and normative discourse. In the firs part, the work elaborate on the necessity of the semiotic account for a better understanding of both legal discourse and ecological tensions, which are both takled as practices of meaning construction. The second part provides a state of the art of the juridical semiotics, with particular emphasis to the problem of ideology in legal texts. Building on that, it elaborates on models for diachronic analysis and for the individualization of emerging tendencies in law. Starting from the concept of « discursive formation » by Foucault, it discuss the idea of « juridical formations » in the framework of a semiotic of « semiotic formations ». Finally, in the third part, th work provides a diachronic analysis of the way the concept of « sustainable development » has influenced United Nation legal production, as well as of how the ideological bias that impede the translation of the concept of « sustainable development » in effective legal rules. In conclusion, we will sketch the semantics paths that sustainable ideology didn't thematize, narrowed by the semiotic constraints that defines it : sustainable development maintains an idea of environmental law as a strategy to take economical advantage from limitation of pollution, new technology development and green economy, in brief, of object that we can dispose of. The juridical construction of an international market of environmental ethics thus opposes the idea of an ecological catastrophe by the identification of economic growth and ecological purposes : that’s precisely the ideological orientation defined as « durable » (« sustainable ») ideology. This perspective totally ignores the raising of a minor discourse which recongnizes that ecological objects have "interests", intertwined with the human ones, and that can be legally recognized seeking a mediations between humans and non-human actors in a project of cohabitation that has yet to be found
Lemoine-Schonne, Marion. "Le mécanisme pour un développement propre du protocole de Kyoto, révélateur des évolutions de la normativité internationale." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1008.
Full textWhy are legal norms complied with in practice? In the context of an evolutionary process of complexification of international legal regimes, with emergence of changing forms of normativity, the international climate change regime offers an interesting illustration. As collective answer to the challenge of mitigation of the green house gas emissions at the global level, an open market of carbon credits was created, in order to make attractive and financially interesting the mitigation projects. As a pioneer, the Clean Development Mechanism, one of the flexibility mechanisms of the Kyoto Protocol, is at the disposal of the industrialized States and of the private sector to reduce their carbon emissions in the territory of developing States. This Mechanism gives raise to an intense practice, regulated by a complex normative architecture. This architecture is composed by norms very diverse in nature and scope, designed by the infatuation of the States and private sector. Good practices, codes of conduct, recommendations, as norms, despite their non-binding character, that are particularly effective. Through the tentative of qualification of this legal system, this analysis describes a participative law- making process, where norms are continuously debated among actors. The system organizes new ways in order to ensure legal certainty, whereas the key question of its coherence is raised. This research finally allows envisaging a tool of identification of factors of the legal effectiveness, which could inspire other emerging normative models
Abdourahman, Djama Idyle. "La sélection participative : un mode alternatif d'innovation environnementale en agriculture : trois essais en économie." Thesis, Grenoble, 2013. http://www.theses.fr/2013GRENE014.
Full textThis thesis provides an economic analysis of an alternative mode of innovation in the seed sector : Participatory Plant Breeding (PPB). PPB is defined as the involvement of users in the plant breeding process and typically consists in the collaboration of farmers and scientists who become co-researchers. These programs aim at developing local varieties adapted to sustainable agriculture.In the seed sector, regulation plays a key role: a stringent market approval process limits the seeds on the market to pre-defined types of varieties. Marketing rules also influence the orientation of plant breeding and limit the exchanges of farmers’ seeds. In chapter 1, the economic rationale of the seed regulation, its limits and possible alternatives are analyzed. Chapter 2 consists of a case study on the farmers’ motivations for participating in PPB projects. This multifaceted question enables to study the economic, environmental and societal issues at stake. Farmers’ motives are indeed directly related to the history of seed research, the limits of the intensive agricultural model and its environmental impacts, the seed industry’s structure and the regulatory framework. Finally, a theoretical model represents the strategic interactions between commercial and farmers’ seeds. The impacts in terms of price, profit, market coverage, pollutions and social welfare are explored
David, Anca Hélène. "L'évolution du droit de l'environnement de l'Union européenne : un outil de mise en place de l'économie verte et circulaire." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCB177.
Full textThe evolution of the European Union environmental law has led to the development of a new goal that aims to promote eco-innovation and green business models, in order to create a green and circular economy. This new goal had consequences on its form and content. The form of the European Union environmental law is dominated by framework directives and presents increased flexibility, while its content integrates new business models, particularly the circular business model. Furthermore, the transition to a green economy has an impact on how Member States transpose the European Union environmental law. The transposition process has become a vector of commercializing eco-innovation on the European market, and brings together new stakeholders in the decision-making process, namely: green companies, research and innovation laboratories, clusters, digital companies or business angels
Desbiens-Lamarre, Charles. "Quels droits à un environnement sain? : le problème de la justice inter-générationnelle." Mémoire, 2012. http://www.archipel.uqam.ca/4916/1/M12439.pdf.
Full textGourde, Karine. "Le droit à un environnement de qualité au Québec : une réponse aux problèmes de pollution diffuse?" Thèse, 2010. http://hdl.handle.net/1866/4794.
Full textThe quality of the environment has become a growing concern in the recent years for Quebec citizens. Phenomena such as climate change, persistent organic pollutants and the depletion of the ozone layer are caused by several sources, the effects of which cannot be distinguished one from the other and/or linked to a specific event. Furthermore, these phenomena have yet to create damage to Quebec residents in order to create the necessary standing for the introduction of legal proceedings. Also, the scientific uncertainty related to the source of potential damage and to the proof of said damage makes it impossible to legally attack the emitters of the pollutant contributing to this type of environmental phenomena under 1457 C.C.Q. or 976 C.C.Q. We have identified the 3 potential sources of a right to a clean environment which could entitle Quebec citizens to go before the courts in environmental matters, even in the absence of specific damages to their person or property. We have analysed the Canadian Charter of Rights and Freedoms, the Charter of Human Rights and Freedoms and the Environmental Quality Act and looked at the potential right to a clean environment possibly contained therein and the legal actions that could be taken to ensure their respect. Considering the weakness of what our legal system had to propose, we have developed solutions that could be put forward in order to allow the war against climate change and other environmental phenomena of the same nature to become legally actionable.
Neveu, Lily Pol. "Le droit à l'autodétermination des peuples autochtones et la protection de l'environnement : un conflit normatif? /." 2008. http://www.theses.ulaval.ca/.
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