Dissertations / Theses on the topic 'Droit de l'environnement malgache'
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Randrianandrasana, Ianjatiana. "Le droit de la protection de la nature à Madagascar : entre centralisme et consensualisme." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010280.
Full textMadagascar is classified as one of the hotspots of natural biodiversity in the world because of its exceptional but endangered richness and endemicity of its fauna and flora. Implementing special measures to protect the remaining habitats in the island is very important. The Malagasy law on the protection of nature was built taking into account Malagasy historical measures and international conventions on environmental protection. It encompasses protection of species of any living organisms and habitats with high potentials such as protected areas and the forests. Texts adopted in this regard stipulate that the government plays a key role on environmental protection. From the Fundamental Law and the Regulations Act on environmental protection, responsibilities are assigned mainly to the central authorities. Thus, conservation of biodiversity in Madagascar depends on the political stability and the will of the leaders to preserve nature. Community-based conservation was one of the strategies adopted to solve this issue. This implies actions that would go beyond mere consultation, integrating the local community into projects of conservation. Developing more efficient protective measures and transferring greater responsibilities to the local communities by empowering them would allow better dialogs and develop concerted actions towards protection of the unique fauna and flora in Madagascar
Randrianandrasana, Ianjatiana. "Le droit de la protection de la nature à Madagascar : entre centralisme et consensualisme." Electronic Thesis or Diss., Paris 1, 2014. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/le-droit-de-la-protection-de-la-nature-a-madagascar-entre-centralisme-et-consensualisme-60514.
Full textMadagascar is classified as one of the hotspots of natural biodiversity in the world because of its exceptional but endangered richness and endemicity of its fauna and flora. Implementing special measures to protect the remaining habitats in the island is very important. The Malagasy law on the protection of nature was built taking into account Malagasy historical measures and international conventions on environmental protection. It encompasses protection of species of any living organisms and habitats with high potentials such as protected areas and the forests. Texts adopted in this regard stipulate that the government plays a key role on environmental protection. From the Fundamental Law and the Regulations Act on environmental protection, responsibilities are assigned mainly to the central authorities. Thus, conservation of biodiversity in Madagascar depends on the political stability and the will of the leaders to preserve nature. Community-based conservation was one of the strategies adopted to solve this issue. This implies actions that would go beyond mere consultation, integrating the local community into projects of conservation. Developing more efficient protective measures and transferring greater responsibilities to the local communities by empowering them would allow better dialogs and develop concerted actions towards protection of the unique fauna and flora in Madagascar
Ramanamisata, Andriajesisambatra. "Le mineur délinquant en droit malgache." Poitiers, 1991. http://www.theses.fr/1991POIT3005.
Full textWhen an 18-year-old person commits an offense, several questions may be raised: which law should be referred to? Which court of law is deemed competent to deal with the case? What measures should be taken? What aim is pursued through the intervention of society? Who is going to take charge of the minor and what financial means are necessary? Malagasy lawmakers endeavoured to provide answers to the above questions through the order issued on september, 19, 1962. Two main ideas served as guidelines: first, a clearer awareness that seemingly conflicting interests of the minors involved and the interests of society can be reconciled; second, the admission that rehabilitation of young people should be thought of along specific lines. Giving precedence to rehabilitation aver punishment logically means special dispensation from common law, e. G. Penal irresponsibility of minors, special institutions (juvenile judges and courts, criminal courts for minors, etc. ) And more flexible procedure (restricted publicity, adapted courtroom procedure, provision that the case may be reviewed, etc. )
Ramihone, Gérard Roger. "Le droit penal douanier malgache et l'heritage du droit francais." Grenoble 2, 1987. http://www.theses.fr/1987GRE21064.
Full textRamihone, Gérard Roger. "Le Droit pénal douanier malgache et l'héritage du droit français." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376090894.
Full textRatovo, Andrianavalon Rivo. "L'Evolution de la notion d'indivision succesorale en droit malgache." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb37617903s.
Full textMazaudoux, Olivier. "Droit international public et droit international de l'environnement /." Limoges : Pulim, 2008. http://catalogue.bnf.fr/ark:/12148/cb412344924.
Full textBouin, Frédéric. "Tourisme et droit de l'environnement." Limoges, 2000. http://www.theses.fr/2000LIMO0471.
Full textAkpoué, Brou. "Le droit privé de l'environnement." La Rochelle, 2009. http://www.theses.fr/2009LAROD018.
Full textThe rules of environmental protection are essentially those of public law. However, the violation of these rules is a source of damage. To repair these damages requires the implementation of rules of civil liability. These civil and trade cases contribute to the emergence of private law of the environment. This aspect of law deals primarily with compensation. Also, environmental damage is very specific. This explains why some concepts borrowed from civil law have been adapted to the end of finding the perpetrators, or more precisely, those required to repair the ecological damage. Furthermore, there is a mechanism in place for preventing ecological damage, but it is limited. It is therefore possible to adapt certain rules belonging to private law in order to develop the prophylactic function of the private law of the environment. It seems possible to instrumentalize the rules of tort law and contract. In addition, it is possible to modify the rules of property right to prevent environmental damage
Ratovo, Andrianavalona Rivo. "L' évolution de la notion d'indivision successorale en droit malgache." Poitiers, 1988. http://www.theses.fr/1988POIT3006.
Full textTation of an essentialy fundamental patrimony in the family : the persistance of com
Rasoloherindraibe, Seth. "Les problèmes d'ineffectivité du droit foncier en milieu rural malgache." Paris 1, 2006. http://www.theses.fr/2006PA010294.
Full textRakotoarison, Tahina Fabrice Jocelyn. "Du secret des affaires : étude de droit comparé (français-malgache)." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D004.
Full textEven if trade secrets seem to be a well-known concept since it has been practiced throughout history, because of the great value of the information in the modern economy i.e., a competitive edge that it provides, we have to, now more than ever, renew all the interests on this topic. In other words, it has to be recognized as a full legal concept. In order to achieve this aim, we have to find out what makes trade secret practicing legitimate while transparency is the rule. Then, the effectiveness of legal protection of trade secrets must be insured. Numerous provisions may offer protection to the trade secrets but, special attention must be paid on litigations. Indeed, trade secrets are at risk to be disclosed during the legal proceedings. In any case, specific trade secrets act is relevant to ensure a necessary foreseeability of the protection of trade secrets. In all these aspects, a comparative approach between the French law and Malagasy law is relevant. In fact, even if there is an obvious proximity between the two systems, solutions are not necessarily the same
Raolison, Christian. "Le Droit du pouvoir économique : exposé sur un thème du nouveau droit économique malgache." Paris 1, 1986. http://www.theses.fr/1986PA010266.
Full textRaolison, Christian. "Le Droit du pouvoir économique exposé sur un thème du nouveau droit économique malgache /." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37600653m.
Full textRobbe, Céline. "Le droit de l'urbanisme et le droit de l'environnement." Nice, 2006. http://www.theses.fr/2006NICE0038.
Full textTreuil, Emmanuel. "La preuve en droit de l'environnement." Paris 1, 2002. http://www.theses.fr/2002PA010272.
Full textAubin, Yann. "Investissements industriels et droit de l'environnement." Paris 10, 2000. http://www.theses.fr/2000PA100037.
Full textMonteillet, Vanessa. "La contractualisation du droit de l'environnement." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD025.
Full textEnvironmental law is a relatively young law. Due to its natural filiation to public interest, it was exclusively governed by the public authorities. But today, while "everyone has the duty to participate in the conservation and in the improvement of the environment" (article 2 of the Charter for the environment), it could not remain quartered in the realm of public law. The contemporary trend to the law contractualization, crossing lots of branches, concerns environmental law which draws from it the resources of its deployment. To this end, speaking about "contractualization of the environmental law" covers two realities. It is, at first, to notice that environmental law moves into the contract, whether it is a question of diversifying its environmental object or of letting proliferate environmental obligations there. The strategy is simple. Environmental law takes place in the contract. And the contract, like a Trojan horse, makes it penetrate the enclosure of the interpersonal relations. Like a vehicle for dissemination of environmental law, the contract becomes one management tool favoring its reception by individuals. It is, then, to notice that the contract acts on environmental law. In this connexion, the contractualization overlaps, for one part, the hypothesis of the negotiated law carrying a collective dimension in the elaboration of the law, and for another part, that of the spontaneous law revealing the normative potential of the individual contract. A profound structural transformation of environmental law is at work, putting the foundations of an ecological public order, the architecture of which slides "from the pyramid to the network". Such a change of face comes along with a change in philosophy, towards a sustainable development law. But it is more in the support of a sustainable development of environmental law that the dynamics of contractualization will find its relevance. In the contract and by the contract, environmental law expands: it shines and it stands out, ready to take up the challenge of its "modernization"
Kahn, Anne-Emmanuelle. "Le droit des musiciens dans l'environnement numérique." Dijon, 1998. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/5b684dd6-dd8a-4cd6-9986-1b3cf75eff13.
Full textThe arrival of the new digital technology has led to the development of new musical instruments such as synthesizers, computers or samplers. The working procedure of composers has so been significantly modified, giving birth to the new musical forms and affecting in a large amount the relationship between composers and interpreters. The digital technology has also upset the conditions of circulation of the works and of their interpretations. This thesis deals with the consequences of the new technologies on the concepts of composer and interpreter, and with the set-up of a new relationship between producers on one side and musicians on the other. It occurs that what would be needed is an adaptation of the existing law of copyright to the new situation rather than a fundamental reshaping of it
Reddaf, Ahmed. "Politique et droit de l'environnement en algerie." Le Mans, 1991. http://www.theses.fr/1991LEMA0002.
Full textBeyond a first perception, generally negative, the action in favour of the environment is an objective necessity even for developing country like algeria. It is also a possible action founded on the researche of an equilibrium between the development and the environment. In the meantine, beyond the necessity and the possibility of the action, and beyond the production of a discourse and the emergence of a law of the envitonment in algeria, the action rests limited in spite of all that. The algerian economical and social context does not allow, indeed, an effective realization of such action in favour of the environment
Soleilhac, Thibault. "Le temps et le droit de l'environnement." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_soleilhac_t.pdf.
Full textTime and environmental law maintain close connections together, when it comes to developing a new branch of law in the course of time or to the law taking time into account. Multiple time dimensions offer afford an essential interpretation structure of the environmental law as for its genesis, its purpose of social orientation, the rupture and continuity it shows. In the same way, its dynamics presents multiple rates of development and movements of regression as well as consolidations over the years. Legal approach to environment reveals a time omnipresence, the main feature of the object legally referred or within the framework of the legal application, often immediately. Long term, irreversibility, environmental processes and balances, common heritage, generations-to-be and sustainable development are among the many examples which illustrate the rich conception of time specific to environmental law. The emergence of these specific temporalities shows that environmental law is thought only in terms of resolving the collision between the time of man and the time of nature
Sow, Abdoul Aziz. "L'effectivité du droit de l'environnement au Sénégal." Cergy-Pontoise, 2009. http://www.theses.fr/2009CERG0410.
Full textIn poor countries like Senegal two essential problems are posed as regard environmental protection: it opportunity and it effectivity. However, the effectivity being an ideal ever reached, we wanted as of start to clear the environmental law while insisting on the scientificity of the environment which still explains this weak effectivity. In addition, the existence of a legal provision calls, beyond its formal validity, a certain effectivity in order to ensure its effectiveness which is the source of its perenniality in the social arena. This effectivity, valid for any standard, occupies a major importance in the environmental regulation. Because environmental law is a finalist regulation. If not, with what would be used a flowering of legal texts if their effectivity is not assured? Within the framework of these problems of the effectivity of the environmental rules in Senegal, we started from a normative and sociological approach of the effectivity of the rule. This double approach conceives the effectivity of the regulation as being dependent on two cumulative conditions which are the application of the standard and the production of the effects expected by its writers. The demonstration led to the report of infectivity through the inapplication of the environmental rules and to the production of perverse effects on the legal and socio-economic sides. This dark screen was for us the situation to be reversed and the tendency to reverse. For then, the requirement to lay down the conditions of a desired effectivity and in extreme cases dreamed, which passes undoubtedly by a renewal of a new African environmental law. This new law will have to change paradigms into integrating the endogenous rules which continue to prove their effectiveness out of environmental matter. But beyond this argumentation, this problem was the occasion to pose the stakes of a rupture in the manner of producing the standards in a context of legal pluralism and imitation
Lanoy, Laurence. "Remise en état et droit de l'environnement." Paris 2, 2000. http://www.theses.fr/2000PA020080.
Full textEnvironmental law has set up an interesting mechanism in regards to environmental clean-up. In fact, ecological catastrophes that often have irreversible consequences coupled with the risks resulting from a technological society that has spiraled out of control, has led to an increase in public awareness. Society now admits its own responsability regarding the environment and takes the required measures in order to clean-up the damage caused by pollution. The clean-up witch consists of returning the environment to its original state is the particular response of environmental law to the specific features of the ecological damage. The obligation to return the environment to its original state which has no clear legal origins, due to the specificness of recent law, now covers many areas. Then, how is it set up, how can it be defined, which obstacles is it faced with? Finally, what are its theoretical foundations? This study is an attempt to find some answers
Permingeat, Frédérique. "La coutume et le droit de l'environnement." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/in/theses/2009_in_permingeat_f.pdf.
Full textIn law, the challenge for the conservation of nature and biodiversity, including protection against pollutions, nuisances and risks calls for the diversification of its tools of intervention nowadays. However, the role that the customary may play in this respect is widely ignored. Nevertheless, the analysis of the usages in effect, in the society, reveals that numbers of them govern activities having a direct or indirect impact on the ecosystems. Customary glows itself with an ecological dimension and appears as a possible substitute of the state norms in environmental law. The analysis of substantive law reveals however that public authorities have not noted the interest of this usage yet in this respect. It is true that its protective vocation remains still fragile and must be confirmed in the decades to come. In addition, must be avoided the stumbling block of the traditionalism, which would consist in promoting customary by the only reverence of the past. For all that, usage remains nevertheless a promising instrument of conservation of the biosphere to which the State would be sure to open
Soleilhac, Thibault Untermaier Jean. "Le temps et le droit de l'environnement." Lyon : Université Lyon3, 2007. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2006/soleilhac_t.
Full textMichel, Geoffroy. "La notion d'urgence en droit administratif de l'environnement." Limoges, 2006. http://aurore.unilim.fr/theses/nxfile/default/ea8ed52d-4aa1-46a5-921b-1a928b8a5e93/blobholder:0/2006LIMO0522.pdf.
Full textBased on highly contemporary issues, the emergence of so-called "environmental right" is de facto a modernization factor of the general theory of rights. The notion of emergency in administrative law, well known and consistent, is thereby enriched by contact with environmental stakes. Being confronted with new issues (precautionary, ecological publi order. . ), the notion of emergency sees its theorical foundations revaluated (first and foremost the notion of imminence) and the resulting positive law revised (especially emergency treatment mechanisms such as planning or juridictionnal procedures of suspension)
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
Malet-Vigneaux, Julie. "L'intégration du droit de l'environnement dans le droit de la concurrence." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0017.
Full textIf the integration of environmental requirements is written in legal documents and in part in reality, the relation between environmental law and competition law remains problematic. Indeed, the values that environmental law seeks to protect are mainly outside of the scope of the markets. The principle of integration, if formally recognized, is not well known and suffers a lack of legal characterization. A substantial integration of law and policies of environmental law in competition law seems thus impossible. The purpose of this study is to analyze and highlight the limitations of the current situation, by studying and comparing the different concepts and categories present in those two fields. It is then possible to apprehend the evolutions that are taking place, as well as the conditions that could make effective a regulation of the markets that would take in consideration the issues of environmental law. A solution would be to elevate the interest of environmental law and see the emregence of an ecological public order. Such integration would give a central role to the judges in order to conceal the interests at stake. Another less traditional way would be the monetization of the environment
Guyomard, Ann-Isabelle. "La protection de l'environnement en Antarctique : droit international et droit comparé." Nantes, 2010. https://archive.bu.univ-nantes.fr/pollux/show/show?id=0cae9bce-c3d0-4077-a380-0edf16a8ee8e.
Full textSince 1991, Antarctica has been natural reserve devoted to peace and science. Its fragile environment is protected by a unique legal regime based on the best scientific advice available. The Protocol on Environmental Protection to the Antarctic Treaty organizes the activities to limit their adverse impact on the environment and dependent and associated ecosystems. The protection of the intrinsic value of Antarctica is ensured by the Environmental Impact Assessment procedure. This approach is reinforced by the adequate protection of spaces and species of Antarctica. Therefore, the continent and the Southern Ocean benefit from the best legal regime of the world. However, the twenty-first century brings new challenges such as the increasing number of activities, the remaining presence of organic pollutants, the pressures of fishing on limited resources, bioprospecting, continuous tourism growth, and the imminent risk of a major maritime accident. Will the proactive approach and the cooperation of the Antarctic Treaty Consultative Parties be enough to deal with these important issues with respect to the interest of mankind as a whole?
Grevêche, Marie-Paule. "La notion de seuil en droit de l'environnement." Paris 1, 2002. http://www.theses.fr/2002PA010314.
Full textToutaou, Mohamed. "Le droit au développement : perspectives à partir du droit international de l'environnement." Thesis, La Rochelle, 2013. http://www.theses.fr/2013LAROD037.
Full textThe right to development is linked to the ideology of development and appears as a claiming of a new international legal order. But, facing new global stakes raised by international environmental law, the right to development sees its foundations questioned and little by little demined, by the concept of sustainable development. It is then fed by the new perspectives brought by the right to a healthy environment in connection with the ethical stakes carried by human rights. The coherence of development policies cannot be realized without taking into consideration human rights and thus without taking into consideration its environmental living conditions. To reach the goals of a fair international company, it is necessary to restore a priority in the fundamental rights within the approach of sustainable development. The late awareness of the risks pressing on the environment led to make press threats on the international security and it is necessary thus at the moment to rethink the right for the development with regard to the emergent question on the international scene of the environmental security. New architecture of international environmental governance appears as essential for the realization of the right to development and to offer more widely other perspectives of development beyond a strictly economic approach. An institutional reflection led on the creation of a world environmental organization allows to envisage an international ecological order built in a more united and more coherent joint representation with regard to the ecological, economic and social realities
Meynier, Adeline. "Réflexions sur les concepts en droit de l'environnement." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3074.
Full textModern environmental law appeared in France in the 1960s. It emerged empirically in response to major ecological disasters and intervened in the most diverse fields to set up legal safeguards to limit the environmental degradation. The law was then fragmented, technical and usually constituted a mere plating of conventional legal mechanisms and concepts on a new object: the environment. The lack of coherence and the construction of the law was gradually mitigated by the assertion of principles, the enactment of a Code and the consecration of the Constitutional Charter of the Environment. In addition, as the reforms proceed, law is being built around new concepts. Ecological concepts, previously qualified as insufficient to understand the environment, are supplemented by taking into account, for instance, ecosystem concepts, ecological processes or ecological solidarity. A conceptual dimension of environmental law emerges in positive law with the flagship notions of the common heritage of humanity, sustainable development, precaution, irreversibility, capable of gathering scattered pieces and asserting the maturity of environmental law. The recent conceptualization of environmental law is part of a more complete construction and a simplification and generalization of the subject matter
Paquin, Marc. "Le droit de l'environnement et les administrateurs d'entreprises /." Cowansville : Blais, 1992. http://www.gbv.de/dms/spk/sbb/recht/toc/277516439.pdf.
Full textPaquin, Marc 1964. "Le droit de l'environnement et les administrateurs d'entreprises /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60705.
Full textAgba, Eyou. "Le Togo et le droit international de l'environnement." Limoges, 2005. http://www.theses.fr/2005LIMO0509.
Full textDevelopmental and environmental problems and their transboundary nature have forced Togo to look for multilateral solutions. International environmental law is one legal method of controlling the problems that so effect the country. In spite of the controversial nature of some aspects of this branch of International law, Togo's national participation in its development and its implementation into domestic law, a determinant of its effectiveness, constitute huge challenges that this developing country is struggling to accept
Doussan, Isabelle. "Activité agricole et droit de l'environnement : l'impossible conciliation ?" Nice, 1997. http://www.theses.fr/1997NICE0055.
Full textWhile "all activities dealing with the control and exploitation of a vegetal and animal biological cycle are agricultural", agriculture more every day abandons respect for nature. Since world war ii, agriculture in france and in other industrialised countries has undergone a deep technical, economical and social revolution. Its influence on environment was not immediately perceived. Law is, now concerned with environnmental nuisances due to agricultural activities. However it is the fondamental ambiguity of the law relative to the connection in between environnemental protection and agricultural activity that must, overall be emphasized. Just as it is with industrial pollution, law deals with environmental protection as if it was a value that had nothing to do with production and as if production was not involved in it. But agricultural activity does, obviously, not consist in manufacturing disposable goods. It produces life. This is why environmental protection needs to be integrated in the production process to achieve it goals. But so far, the specificity of the relationship between environmental protection and agricultural production has not been taken into account. Consequently, the intensive production model is reinforced without managing to prevent risks for health, natural ressources and quality of life. One could think that environnemental protection and agricultural activity would naturally combine, but legal analysis shows that we are, at the present day, far from this
Aubin-Sicard, Anne. "L'impact du droit communautaire de l'environnement en France." Nantes, 1995. http://www.theses.fr/1995NANT4021.
Full textThe European community environmental policy influences both the French law system and the derived social practices. Integrated in some European politics, the European community legislation regarding environment sets up not only the French environment legislation, but also some other national sectorial legislations. The four sectors, industrial, agricultural, public and private ones, concerned by this specific European legislation, establish both individual and partnership social practices, which reflect the set up strategies and structures systematically introduced in other areas of activities. In order to remain sustainable, these practices need to be reactivated both at the French and European community levels, then allowing the pursuit of the transversely of the environment legislation
Alves, Carlos-Manuel. "La protection intégrée de l'environnement en droit communautaire." Bordeaux 4, 2002. http://www.theses.fr/2002BOR40006.
Full textIn the face of increasingly significant ecological imbalances, the question of the relationship between the environment and economic development has become international. The integration or the integrated protection of the environment seeks to es ablish equilibrium between these two essential needs. Its consist of placing environmental considerations in development policies. Taking account of its call, the European Community, regional organisation for. . . Economic integration, could not stay in the background of such a movement. Integration has taken the form of a legal duty in the treatry. .
Gosset, Simon. "Les déchets dangereux en droit international de l'environnement." Université Robert Schuman (Strasbourg) (1971-2008), 1990. http://www.theses.fr/1990STR30014.
Full textAfter an awereness on the field of economy, science and politics, non radioactive hazardous waste turned out to be serious and complex problem. The 22d march 1989 based convention drew up international definition at last. The u. N, regional and non governmental international organizations contributed to this mobilization. Positive law applied to hazardous waste shows a two continuous basic principles : prevention an reparation. The first principle has many aspects. Guidelines, specific conventions concerning some transnational activities, together with technical rules regarding some hazardous waste, can be driven from the following types of direct prevention : strategy, sector and category rules. The action of indirect prevention appears before and after the disposal and reeyeling of hazardous wastes. The second principle is more restricted. The reparation which means clearly defined hability and compensation procedures, is necessary and difficult in theory. Most of the time, the existing solutions depends on domestic law and practice. A provisory analysis unable us to make the distinction between intinsic and extrinsic forces and weaknesses of this legal system. Despite their notable progression, the rules of soft and hard law can only meet the urgency of the matte. The present setting-up of legal standarts is divided in too many areas to show some unity and strictness. Moreover, this system is highly dependent on extrinsic pararameters as for its application, which leads to uncertain scientif and economic realities. The role played by the different members of the international community (states, internaional organizations, including transnationals) have someinfluence upon the state of law in this particular field. This system should to put and end to contradictions and the lack of efficitivity. The future of the next generations depends on the way the hazardous wastes will be managed
Barkat, Vanina. "Les entreprises multinationales et le droit de l'environnement." Nice, 2005. http://www.theses.fr/2005NICE0049.
Full textNowadays, it's obvious that there are several meeting points between multinational firm and the environmental law. Whit that in mind, the multinational firm have included this kind of law in their economic practice. Indeed, the behaviour of those firms has changed deeply because of the environmental law and some of their etablished practice have been undermined from an economic point of view. In this way, they have to take environmental law into account because of international and local requirement, so they develope nowaday a new practice in that way. At the same time, as the multinatinal firm have more and more importance thoughout the world and they are attracted, and take part in the politic of international authorithies, they have more legal and social responsabilities. This thesis is about the way of multinational firm who have included environmental law in their economic practice, and their strategic role scene means to promote the environmental law. This survey tries to demonstrate how the integration of environmental pressure in the politic of the multinational firm legitimizes their economic activities, that's why they are leaded to promote it
Bara, Poloumbodje Sylvie. "Droit de propriété, genre et gestion de l'environnement." Thesis, Reims, 2013. http://www.theses.fr/2013REIME005/document.
Full textThe thesis on "Property Rights, Gender and Environmental Management" is the product of a long research conducted to obtain the degree of Doctor of Economic Sciences-Human and Society Sciences at University of Reims Champagne-Ardenne in France. The purpose of this research is to inform readers about the difficulties faced by states, international institutions, academics (economists and jurists) and stakeholders to define a mechanism for environmental management that can reconcile discussions between economists and jurists in property rights, considers the interests and collective rights of vulnerable groups, and promote access and control populations men and women to resources (land, income, culture, etc.). Note that the environment is a public good whose owner is the state, men, women and indigenous peoples have access to the control of the public good if the state grants them the right to property. What mechanism in environmental governance that can remove these limits in private, collective, and public property rights and also human rights? This is the question that the research seeks to answer.The empirical data collection is preferred. Thus, field surveys and studies involving groups of people and those directly involved have been undertaken in various Sub Saharan African countries. Analysis of economic theories and legal rights in private property, common and global public as well as comparative analysis were made. Research on causal sex / gender and its influence on the governance of the environment are also performed. The approach is reinforced by case studies and testimonials in various target countries.The conclusion does not address a successful outcome but formulate a proposal model of environmental governance based on the harmonization of economic theories and legal national and international policies which is based on Human Rights. Keywords: Ownership gender environment governance heritage property natural resources climate change sustainable development discrimination society
Hermon, Carole. "Le juge administratif et l'environnement : recherche sur le traitement juridictionnel des atteintes à l'environnement." Nantes, 1995. http://www.theses.fr/1995NANT4017.
Full textThe aim of the present research is to discover, through the jurisprudence of admnistrative jurisdictions, the guiding principles of the jurisdictionnal treatment of the prejudices caused to the environnement. Two main lines have been drawn, around the administrative jurisprudence revolves. On the one hand, the conflict on the environnement is translated in terms of short - or medium - range prejudice caused to the interests of man seen as an individual situated in time and space. That being the case, the collective dimension of the prejudices caused to the environnement is largely out of the administrative judge's scope. On the other hand, when seized about a conflict concerning the environnement, the administrative judge deals with the problem mainly in terms of the conciliation of contradictory interests such as amenagement, the exploitation of resources and the protection of the environnement. Consequently, one is able to oppose the "contentieux de la légalité" to that of "responsabilité", in the sens that in the first case, the jurisdictionnal techniques and principles are not fundamentally unadapted to the environnemental domain, whereas in the second case, the administrative judge finds himself at real dead lock
Elie, Marie-Pierre. "L'Environnement dans la jurisprudence de la Cour constitutionnelle italienne." Toulon, 2003. http://www.theses.fr/2003TOUL0039.
Full textThe Italian Constitution of 27 December 1947 does include Environment laws as part of its Fundamental laws. Despite this, Environment laws are nowadays guaranteed on a constitutional level both as a primary and as an absolute constitutional value. This has happened as the result of the policy set out by the Italian constitutional Court of setting up precedents. This study will try to show how the Environment is considered at a constitutional level through a number of decisions taken by the Court in this particular field. First, this study will try to put an emphasis on the difficulty in acknowledging the Environment, essentially due to its very own nature, at a constitutional level. Indeed, the fact that the environment impacts on virtually all the aspects of law makes it difficult to approach it as a truly independent legal subject. As the Constitution does not directly acknowledge the Environment, the very general scope it covers makes jurists question the basis on which it would be best to rest their decisions upon in order to ensure its recognition. In this respect, the analysis of the precedents sest by the constitutional Court shows that Italian judges have succeeded in integrating the Environment within the Italian legal landscape thanks to a particularly daring and progressive interpretation. However, the fact that Environmental values are proclaimed as constitutional values does not automatically give them the status of fundamental law. Indeed, the structural complexity of the Environment linked to the particularity of case law makes it particularly difficult to ensure an actual constitutional protection of the Environment. This study therefore aims at seeking the exact nature of the Environmental interest by analysing the precedents of the constitutional Court in minute detail. It will try to underscore how difficult it is for the Italian Court, which is mainly preoccupied by bringing Environmental requirements to light, to reveal the information required for determining the exact nature of those requirements. Despite those obstacles, it clearly appears from the analysis of the precedents set by the constitutional Court that Environmental interests, at a constitutional level, appear to be a requirement of the general interest
Bannelier, Christakis Karine. "La protection de l'environnement en temps de conflit armé." Paris 1, 2000. http://www.theses.fr/2000PA010331.
Full textThévenot, Jean. "La région et l'environnement." Limoges, 1992. http://www.theses.fr/1992LIMO0427.
Full textIn an introduction are successively analysed, according to the environment protection, the questions of the territorial frame of the regions (regional cutting up), then of the composition and the working of the regional assemblies (regional council, economic and social council). The partition of the work split into two main points. The first consists in the competences the practice of which, in favour of the environment, depends first of all of the voluntarism of the regional representatives: territory planning integrating local development and transport policies, research, information and training, urbanism and patrimony defence, supra-regional economic interventionism, regional natural parks and nature reserves, coordination of the protecting tools, etc. The second point corresponds to the regional attributions which cannot ignore the ecological constraints in consideration to the previous consecration, legislative or statutory, of homogenous spaces on the national level (mountainous, littoral, hydrographic, transfrontier or insular areas) as on the European level (community regional policy). A conclusion gives some proposals aiming to increase the environmental powers of the regions in the fields of the development of the territory, of energy and of nature protection
Dieng, Papa Meissa. "Contribution du programme des Nations unies pour l'environnement (PNUE) au développement du droit de l'environnement." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30008.
Full textIf "international legislation" is not among the essential activities of the United Nations, his work in a new area, the international protection of the environment is important. And, if the body specialy created at this end, the United Nations environmental programme (UNEP) is only a subsidiary organ of the general assembly serving mainly as a catalyst for others organisations and states activities, the creation of legal rules is not less important. In particular, the conclusion of a series of treaties relating to the regional seas is an important contribution to the development of the law of the sea in the sens of environmental protection. Another part of the UNEP's legislative work takes forms not much knew in classic international law. They are recommandations, standards, principles, adopted in a large part in the framwork of the u. N. E. P's environmental law programme of 1981. Another exception at this regard, is the Vienna convention of march 22 1985 relating to the ozone layer protection, which must be completed by additional instruments
Assouvi, Coffi Dieudonné. "L'influence du droit international des changements climatiques sur le droit européen de l'environnement." Thesis, Limoges, 2018. http://www.theses.fr/2018LIMO0025/document.
Full textIn the legal pluralism and increasing inter-normativity context, this thesis demonstrates the influence of international climate change law on the formation and development of European Union (EU) environmental law through the techniques, methods and rules of integration provided for by international law as well as by European law. European environmental law now includes the concepts (green economy, sustainable development, carbon market ...) and principles (common but differentiated responsibility, precaution, prevention, responsibility, etc.) of the climate change international Law. Thus, the Europeanisation and constitutionalisation of international climate change law resulted in its insertion into the legal system of member states. Indeed, by virtue of its international commitments to combat global warming, the EU has adopted legally binding instruments that impact national legal systems and is committed to Kyoto II. The dynamics, controversies, clashes and the woes of the multilateral climate policy and negotiations have led to the establishment of a well-structured European climate diplomacy and a green economy policy that do not fail to come up against challenges of international cooperation, international collective action, global public goods equitable production and consumption, as well as technical,technological, institutional, human, economic, financial, sovereignist, social, energy, and ecological and transformational barriers.On the basis of the binding effect and enforceability of the provisions of international climate law and European primary law, the international climate regime produces legal effects within the member states and even towards third states dealing with the European organization. Indeed, because of supranationality, direct effect and the primacy of European law, the international legal rules relating to the fight against climate change, transposed and integrated, are binding in the national legal orders where they require a uniform application. As a consequence, the EU law, by virtue of its supranational character and its control and sanction mechanisms, including jurisdictional ones, has become the instrument of effectiveness and efficiency of international conventional climate law. As a result, the shortcomings of this right relating to the absence of compulsory jurisdiction, the non-compliance by States with their international commitments and the weakness of international control are largely offset by the effectiveness of the European and national legal system
Cruchaudet, Frédéric. "Les réseaux et la protection juridique de l'environnement." Lyon 3, 2001. http://www.theses.fr/2001LYO33001.
Full textDavid, Michaël. "La décentralisation de l'environnement : essai sur l'administration de l'environnement par les collectivités locales." Bordeaux 4, 2000. http://www.theses.fr/2000BOR40054.
Full textRakotobe, Riaka. "La clause pénale dans les procédures collectives en droit malgache : de la colonisation juridique au mimétisme législatif." Perpignan, 2009. http://www.theses.fr/2009PERP0830.
Full textBoth for the case law and for the Act, the penalty clause is permitted at the opening of the collective proceedings from the moment it does not increase the obligations to be borne by the debtor. It’s in this context that it is necessary to analyze the penalty clause: the will of the parties is respected by its retention. But French law holds that the indemnity agreement may have the status of Article 40 and must therefore be the object of a statement in order to get paid (art. 40 al. 5 new, law 1985). The penalty clause "is therefore the category of unsecured claims. " Well, the conception of the penalty clause as a contract should give it a privileged status and because of its continuation. So, we will focus there on situations which have the effect of conferring on the beneficiary of the penalty, payment at maturity. Indeed, the penalty clause should be pursued, legitimately benefit from the special regime of Article 40 for the period during which it participated in the effort to maintain the activity. Malagasy legislation, initially inspired by the French law of 13 July 1967 but also of future legislation, lends itself to the recognition of such status to the penalty clause, in the absence of special provisions governing its