Dissertations / Theses on the topic 'Droit de la protection de la nature'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Droit de la protection de la nature.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Leray, Grégoire. "L'immeuble et la protection de la nature." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D071.
Full textThe law imposes a duty of nature protection on real estate property.The rise of the common heritage principle has bought this duty to the forefront; this has translated into an accumulation of protection constraints on the real estate (property) itself, but also on the activities which may be exercised within it.By imposing an obligation to protect the natural common heritage, the law demonstrates the common dimension of real estate property. Therefore it includes a common domain and a private domain.The first aims to maintain the real estate property in good and sufficient repair so that it can fulfill its nature protection duty.The second symbolizes the part of the real estate property whose use is left up to the owner, in which case it is up to him not to alter the common domain.However this duty is of no value if it isn’t guaranteed/protected. This thesis shows that this preservation has two different effects. The effect is attenuated when it allows exceptions to the nature protection imperative and it is full when it does not.The attenuated effect is materialized by the environmental compensation system. Apart from the fact that it is never certain that a restored environment is the equivalent of the original one, the system also raises issues concerning the length of the effect; issues that the legal status of real estate property help to clear. If the damage is accidental, then the effect of the duty of preservation will be full. Any degradation of the common domain will be sanctioned by law, without any possible conciliation
Poli-Broc, Aurélia. "La protection de la nature devant le juge administratif." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32065.
Full textThis research starts from the following double statement: the juge administratif has some latitude in the interpretation of the facts and documentation relating to the protection of nature and there exists a " social representation " of the protection of nature which by definition evolves with society. From this statement emerge the two major questions around which this work has been constructed. How does the judge use this latitude? What representation of nature does he bring to bear? Thus the objective of this research is to establish - each time legal disputes afford the judge a range of expression and the solution itself implies the representation of nature - how the protection of the latter is guaranteed. The protection of nature results from the analysis of the method, the means employed by the judge and the use he makes of his powers. This research is based on the analysis of the published and unpublished jurisprudence of the Conseil d'Etat and of the cours administratives d'appel. The use of descriptive statistical tools makes it possible to include an overall picture of the protection of nature by the judge and to demonstrate his behaviour neutrally. Out of this analysis comes a coupling of nature or the object of the dispute and the level of protection of nature obtained after control. The mechanisms set up for the direct protection of nature are subject to a control which favours its protection. A link may be established between the mobilisation of an ecosystemic concept of nature and the favourable character of the solutions adopted. This representation is not necessarily a function of the relevant documentation
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
Tripette, Hélène Beziz-Ayache Annie. "Droit pénal de la chasse ou contribution du droit pénal de la chasse à la protection de la nature /." Villeneuve d'Ascq : A.N.R.T. Université de Lille III, 2005. http://thesesbrain.univ-lyon3.fr:8080/oo2xml/production/lyon3/2005/tripette_h/html/index-frames.html.
Full textPlavinet, Jean-Pierre. "Le droit à la nature en France, entre protection et gestion : mythe ou réalité." Paris 2, 2003. http://www.theses.fr/2003PA020085.
Full textPrivat, Christophe Édouard. "La chasse et la protection des espaces naturels : éléments pour une évolution juridique des rapports chasse-nature." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40012.
Full textCruchaudet, Frédéric. "Les réseaux et la protection juridique de l'environnement." Lyon 3, 2001. http://www.theses.fr/2001LYO33001.
Full textRandrianandrasana, 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
Tripette, Hélène. "Droit pénal de la chasse : ou contribution du droit pénal de la chasse à la protection de la nature." Lyon 3, 2005. https://scd-resnum.univ-lyon3.fr/in/theses/2005_in_tripette_h.pdf.
Full textThe repressive measures the penal hunting law allows to apply when an offense against the hunting law has been committed, offers the possibility to partake in the efforts of biodiversity conservation that should not be disregarded, but are insufficient with respect to those made to preserve biodiversity. The archaism and originality of the penal hunting law make its incorporation into the nature protection law rather difficult. It has also become very difficult to establish the infringments against this law or to take proceedings against tresspassers, while with respect to the specific character of the cases of cynegetic delinquency, the sanctions are not always severe enough, nor suitable. The preventive aspect of the penal hunting law has been questioned. The thesis shows the interest of the application of penal norms for wildlife protection. It makes proposals to improve the fight against cynegetic delinquency, and reinforce the effective application of repressive measures
Bueb, Caroline. "Natura 2000 : le cadre juridique communautaire de la protection des habitats et des espèces." Paris 10, 2002. http://www.theses.fr/2002PA100065.
Full textThe European Directive n°92/43/EC dated 21 May 1992, named the Habitats Directive, marks a major step in the edification of a community politic for the protection of the biologic diversity. This ambitious directive aims to set up an ecological European network, with special conservation areas. This network, called Natura 2000, includes the special protection areas stemming from the 1979 Birds Directive. The Commission and the EU Member States designate the important sites for the safeguard of habitats and species designated by the Directive. The procedure is regularly checked by the Court of Justice who interferes both in the network constitution procedure and protection given to habitats and species. In this case, it controls the problems related to the cynegetic activity. .
Fernandez, Fernandez Edgar Alberto. "Protection des espaces naturels et propriété privée au Costa Rica." Nantes, 2005. http://www.theses.fr/2005NANT4004.
Full textNatural areas protection law has developed strongly in Costa Rica since the end of the nineteen sixties as a reaction to massive deforestation. These protection imperatives have justified multiplying the amount of mechanisms imposed by the State. But some regulatory mechanisms clashed with a liberal conception of private property. Thus, both because of the concern for the respect of private property and in order to facilitate the enfoncement of statutes, public law resorted to voluntary measures based on the agreement of landowners. Moreover, private law instruments are also used with these goals in mind. This thesis analyses the different types of measures used for the protection of natural areas and affecting private property rights. It brings out the numerous contradictions extant in national legislatio as well as the différent jurisprudential, doctrinal and administrative interpretations
Roelants, du Vivier Arnaud. "La politique communautaire de l'environnement en matière de prévention et de réduction des pollutions et nuisances." Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D011.
Full textQueffelec, Betty. "La diversité biologique : Outil d'une recomposition du droit international de la nature : L'exemple marin." Phd thesis, Université de Bretagne occidentale - Brest, 2006. http://tel.archives-ouvertes.fr/tel-00422643.
Full textCamaji, Laure. "La personne dans la protection sociale : recherche sur la nature des droits des bénéficiaires de prestations sociales." Paris 10, 2006. http://www.theses.fr/2006PA100115.
Full textThe thesis is dealing with the person in the french law of social protection. The french law of social protection is built on collective mechanisms, witch are the institutions of social protection : in the social security, these institutions are named “régimes”, and in the second level of social protection (in the firm), they are named “garanties collectives”. The law, the collective bargaining, and sometimes the decision of the employer, set all the conditions to have the access at the social protection. In this context, the person have no choice: his freedom and his will, that are the majors notions of the civil law, are not used in french law of social protection. In other terms, the situation of the person do not come from a contract, but a status. However, the recent laws and the judgements of french and european courts show an interest for the protection of the person in the social protection: the right to obtain and keep the social benefits begins to be protected against the choice of the public powers, the trades unions, or the employer that set the rules of the institutions. This study do not concern the social assistance but the social security and the second level of social protection: in these last two, the person seems to have something to say, although he is part of collective mechanisms which require that the personal interests come after the satisfaction of the interest of the major part of the collectivity; in other words, which require a solidarity
Bouangui, Vincent Thierry. "La protection de l'environnement et l'Organisation Mondiale du Commerce : nature des rapports et perspectives d'harmonisation." Reims, 2001. http://www.theses.fr/2001REIMD001.
Full textBonnin, Marie. "Les aspects juridiques des corridors biologiques : vers un troisième temps de la conservation de la nature." Nantes, 2003. http://www.theses.fr/2003NANT4018.
Full textThe right of the nature conservancy initially stuck to the protection of the species. In the second time, the realisation of the importance of the habitats allowed the adoption of texts aimaing at protecting them. However, this method of nature conservancy led to the conservation of separated natural areas which does not allow the maintenance of biological diversity and it is important from now on to establish links between the natural habitats called biological corridors. The beginnings of the taking into account by the right of the corridors, are noticed in various fields. We see appearing, more and more texts, which explicitly protect the biological corridors by the installation of ecological net-works. This protection of the biological corridors is a matter, in certain cases, for the right of the nature conservancy, in others, it is recommended by documents of spatial planning. This is why we develop arguments which mark an evolution towards a third step for nature conservation
Jolivet, Simon. "La conservation de la nature transfrontalière." Thesis, Limoges, 2014. http://www.theses.fr/2014LIMO0025/document.
Full textThe opposition between nature and boundaries is well known : whereas nature knows no boundaries, public law is spatially structured by boundaries. However, such an opposition is currently being overcome under the influence of several factors. First, environmental law creates new boundaries that are no longer modelled on human boundaries but on nature ones. The notions of ecological zoning and above all ecological network illustrate this trend. Then, environmental law uses transboundary cooperation to mitigate the effects of boundaries on nature. Eventually, a complementarity is asserted between environmental law and infra-State transboundary cooperation law. The right to cooperate has been recognized to regional and local authorities and to public establishments responsible for nature conservation. Besides, relatively appropriate tools have been made available for cooperation in nature conservation. Nevertheless, this complementarity is being tested by the significant differences that may exist between national laws of neighbouring countries and, above all, by the lack of accountability of infra-State cooperation actors with respect to international environmental obligations. Thus, within transboundary environmental law, the emerging sector of transboundary nature is not as mature as the older one related to transboundary pollutions
Franjus-Guigues, Dorothée. "Nature et protection juridiques des indications géographiques : l'avènement d'un droit à l'épreuve de sa mise en oeuvre." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1017/document.
Full textGeographical Indication, a particularly specific distinguishing sign, experienced throughout the XIXth and XXth centuries, under specially scattered national legislations, joint conventions or bilateral agreements, even under the contentious use of legal means to combat unfair competition, different types of useful but limited protection. These latter, supported by the intervention of the European Community, had however the advantage of contributing to make a specific dedicated section emergence possible in the Trip's agreement. This text coming from the Marrakech Agreements which established in 1994 the World Trade Organization (WTO), recognizes in fact the Geographical Indications as an independent law of Intellectual Property. It allows them to rely on a definition and a legal system, and bind the different members of the WTO to their recognition and protection. In asserting a principle of liberty in the implementation of this new system which, contrary to the other rights of Intellectual Property, and particularly of marks, does not apply to a preexisting system, this Agreement has not resulted in a uniform effect but heterogeneity of national situations. In special cases, these situations may have led to a knowledgeable mix or substitution of concepts, particularly because of the Geographical Indications integration into preexisting systems of Intellectual Property such as certification marks. Beyond the recognition of the Geographical Indication definition in these texts, the existence of two types of protection, simple and additional, has also practical consequences on these different integrations
Couttenier, Pierre. "Du périmètre sensible a l'espace naturel sensible : contribution a l'étude d'une évolution législative." Montpellier 1, 1990. http://www.theses.fr/1990MON10033.
Full textFotso, Fostine Villanneau. "La répression des infractions relatives à la protection de la nature dans les systèmes juridiques français et camerounais." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30049/document.
Full textEntitled "Punishment of Crimes related to the protection of nature in French and Cameroonian legal Systems", this Thesis main objective is to identify the legal and institutional instruments used by France and Cameroon to limit or stop the environmental damage and thus lead to a perfectible legal and institutional arsenal in both systems
Chanteux, Anne. "Étude comparative du droit de la chasse dans la communaute européenne." Paris 2, 2000. http://www.theses.fr/2000PA020021.
Full textStahl, Lucile. "Le droit de la protection de la nature et de la diversité biologique dans les collectivités françaises d'Outre-mer." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_stahl_l.pdf.
Full textThanks to its overseas collectivities, France enhances its heritage with a great diversity of species and ecosystems, often rare and sometimes unique. However, there are rather serious threats which weigh on this exceptional heritage. In this context, it is essential to evaluate the accuracy of the law of nature protection and biodiversity. The characteristics and legal status of the protection of nature, as well as its influence on the environmental, overseas and public laws, have been analyzed here. It will be shown that in contact with collectivities’ legal diversity – and a fortiori since the 28 March 2003 revision of the Constitution related to the decentralized organization of the Republic – a specific law on nature’s conservation is emerging. However, the efficiency of the overseas law, whether it is an exact copy of the law in Continental France or elaborated in a more autonomous way, still remains limited for the protection of biodiversity. It therefore appears necessary to strengthen the law on nature protection, both in its conception and enforcement. In this respect, an increase in awareness of certain ecological overseas’ specificities (such as being an island, extreme sensitivity to exotic invasive species, coral reef and endemic species, etc. ) could effectively contribute to this reinforcement
Moon, Kwangjin. "Le droit du paysage en France et en Corée : étude comparée." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D044/document.
Full textThe objects of this comparative law thesis are the transformation of the legal concept of landscape in France and Korea and the problems related to the administrative and jurisdictional procedures in landscape law of these two countries. Until the end of the twentieth century, these two countries’ law did not assume the subjective dimension of landscape, whereas this one is obvious in the relation with the aesthetics. In these circumstances, the protection and development of landscapes have been mainly indirectly taken into account in several legal areas. During the late twentieth century, the evolution of democracy highlighted the subjective dimension of landscape in law. In France, its subjective character has developed since the 1980s, particularly with the entry into force of the European Landscape Convention of 2000, and in Korea, from the 1990s, in particular with the drafting of the act of 17 May 2007. Since landscape policies and administration are no longer the preserve of experts and public power, it is important to ensure citizens’ access to landscape information and their participation in decision-making related to landscape. Such a democratization of the landscape law can be consolidated by the judicial review of landscape administration through the guarantee of access to justice
David, Victor. "Pour une meilleure protection juridique de l’environnement en Nouvelle-Calédonie Innover par la construction participative du droit." Thesis, Paris Sciences et Lettres (ComUE), 2018. http://www.theses.fr/2018PSLEH001/document.
Full textWhat environmental law for which society? With a method that combines a socio-anthropological examination and a legal examination, this thesis raises the question for New Caledonia, through an analysis of the recent past, contemporary difficulties and a re-foundation made possible by an evolution of legal thought and by means of tools developed recently elsewhere, which have made it possible, for example, to recognize the legal personality of elements of nature.Recognized as a global hotspot of biodiversity, with the exploitation of its huge nickel resources being a major environmental threat, how does New Caledonia, nearly 150 years after its annexation by France and its commitment for thirty years on the path of decolonization, fare in protecting its natural environment? The answer we get from the study of positive law, institutions, comparative law, speeches and field work is clear: the law applicable today in New Caledonia is the result of an exogenous rationalization of social relations. It is in fact unsuited to the cultural context of the Pacific. Balanced Man-Nature relations have been "disenchanted" by Christianization, colonization and scientific rationalization. As in many places, in New Caledonia, the sacredness that characterized these relationships has been sidelined in favor of what we have chosen to call "Noah’s complex" and which has become the foundation of any environmental policy. Our diagnosis on the limits of the current environmental law, reveals in detail the shortcomings of contemporary institutional engineering, based on political concerns for a peaceful management of a plural society and for rebalancing between communities and territories to compensate for underdevelopment due to past mistakes.However, there is a favorable context in recent years to re-enchant the legal protection of nature and its elements. Governments or judges in other latitudes recognize the legal personality of elements of nature. It is now possible to go beyond a restrictive conception of legal pluralism as the tight coexistence of irreconcilable legal orders and to advance towards a hybridization of the endogenous right and a legal order associated with the forms of the modern state. We will closely follow the co-construction, with the populations and the customary authorities, by the Loyalty Islands Province, of a negotiated environmental law and innovative principles that finally allow to fully take into account within positive law the Kanak vision of nature. Thanks to a participative method of elaboration of the law, it appears that we can reconcile the pluralisms (cultural, social, political and legal) of New Caledonia in the 21st century, within the framework of a negotiated law that is the only guarantee for the effectiveness of the law to protect the natural environment in a context of global environmental change
Pousset, Fabien. "La maîtrise foncière à finalité écologique : vers un outil adapté des politiques de protection de la nature." Thesis, Tours, 2014. http://www.theses.fr/2014TOUR1804/document.
Full textNature conservation policies relies traditionally upon the protection of “natural areas” that appear in France in the early 20th century. These protected areas can be classified into three main categories according to the measures implemented: regulation, incentive measure and property control one. This latter measure is defined as a formal process of purchase of lands, in order to create protected areas, by public authorities and also by private actors who carry out a public service mission. If this "exorbitant" measure emerged in the 1960s in line with the predominant "preservationist" approach of nature protection, it is still in use today. Thus, we question its adaptability first of all to the current policy implementation conditions based upon mediation and negotiation processes and secondly to new objectives of nature conservation which take into account the concept of “natural dynamics” for planning activities. We have conducted an analysis of the processes of implementation in two cases of study, focusing on the perceptions and representations of all actors involved in these implementation processes of this instrument. This analysis has enabled us to emphasize the plurality of, firstly, these processes of implementation and, secondly, its assigned purposes. Thus, we demonstrate the plasticity of this instrument at the interface between regulatory and incentive tools that fits with the various types of expected effects of its implementation: to control users’ behaviours of natural areas, to reach a trade-off between environmental interests and economic and social interests of natural areas, and, finally, to coordinate public intervention. Therefore, this instrument constitutes rather a multifunctional tool, adaptable to local contexts. Facing the continual renewal of nature conservation policies implementation conditions and objectives, we conclude that the plasticity of the tool, as perceived and effective, provides a guarantee of adaptability and potentially efficient protection of biodiversity
Essono, Nguema Jean Marc. "La fiscalité et la protection du patrimoine naturel." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10034.
Full textAt a time when environmental protection is a major concern, it is particularly interesting to pay attention to the effectiveness of tax instruments for environmental protection. This study examines the impact of taxation on the natural heritage. It analyzes the progressive mobilization of the fiscal tools in favor of environmental protection, the inconsistencies of these instruments in their implementation, the impossibility to remove some tax provisions despite their harmful character to the environment and proposes some ideas to improve the contribution of taxation in the protection of natural heritage. The approach is clearly legal and involves both theoretical elements and practical considerations. As regard the environmental tax system, the author has taken a position in favor of the finalist conception, because it has the advantage of being in coherence with environmental law
Defoort, Camille. "Le mineur et les infractions de nature sexuelle." Nancy 2, 2006. http://www.theses.fr/2006NAN20017.
Full textMilon, 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
Chauvet, David. "Les animaux face au droit naturel : L'égalité animale par-delà la morale." Thesis, Limoges, 2018. http://www.theses.fr/2018LIMO0056.
Full textThis research aims to ground nonhuman (or human) animal rights in a Hobbesian way. This is that of natural law (i.e., jusnaturalism). First, we show why natural law is a specific normative framework that should be distinguished from any other normative system, especially morals or ethics. In a Hobbesian framework, nonhuman animal rights are not moral rights but natural rights. We show then how any morals detrimental to nonhuman animals can be eliminated through natural law. By grounding nonhuman animals’ natural rights, this research pushes forward works already engaged in this Hobbesian manner. But we relate more particularly the nonhuman animals’ natural rights issue to the question of what kind of legal protection they should be granted on the basis of Hobbesian-like arguments. Finally, we show why animal equality is a legal necessity in the context of a jusnaturalist defense of nonhuman animals, which legally results in their anthropomorphic legal personification
Youf, Dominique. "Introduction a la philosophie des droits de l'enfant." Caen, 1997. http://www.theses.fr/1997CAEN1232.
Full textThe international convention for children's rights, which was ratified by france in 1990, has established legal rights for children. This assertion of children's judicial subjectivity presents a rupture with the classical philosophy of natural right which, as in aristotle's philosophy, denied children any ontological and judicial otherness by reducing them to "parts of the father's belongings". The contractual philosophy of modern natural right acknowledged individuals as free and equal and thus enabled, not only a conception of human rights but permetted a philosophy of children's rights as well. Indeed, as for any other human being, children were the holders of human rights as soon as they were born, but, as they were considered immature, they couldn't make use of these rights before receiving protection and an education, which are necessary elements for the future use of their subjective rights and which constitued children's rights. To a certain extent, the convention for children's rights has broken away from this philosophy. By setting up children as subjects, it rejects their temporality, their future and their autonomous "right to be" which constitute children's very nature that rousseau was the first to discover. This work studies the judiciary status given to children by the contractual philosophers and invites us to follow this difficult road towards the idea of children's rights. It also updates the doctrinal difficulties met by the practical achievement of children's rights on the xixth century. These difficulties have found solution in the rejection of the philosophy of subject. The goal is to evaluate the problems in order to exceed them and find again the inspiration for the contractual philosophy of children's rights
Le, Roux Mylène. "Contravention de grande voirie, domaine public naturel et protection penale de l'environnement." Nantes, 1999. http://www.theses.fr/1999NANT4013.
Full textFlipo, Fabrice. "En quoi la crise environnementale contribue-t-elle à renouveler la question de la justice ? : Le cas du changement climatique." Compiègne, 2002. http://www.theses.fr/2002COMP1417.
Full textVan, Bosterhaudt Patrice. "La norme pénale pour lutter contre les atteintes à la nature : vers la reconnaissance d'une valeur essentielle." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOD006.
Full textWith the gradual advent of the industrial era, human activity has weighed more negatively on the balance of natural environments. This was followed by the gradual construction of a very repressive law for environment, intended to combat prejudice against nature, but chronically prepared on the very bases of administrative police, a seated concept on the basis of a resolutely disciplinary law, structurally and morally insufficient to reveal an essential value. Tort, as well as environmental liability regime aim to invent new legal concepts in order to redress the damage to nature, but they reveal many limitations.In this context, the criminal standard, meant to be especially utilitarian, is both an auxiliary of administrative right and an auxiliary of remedial standards, and remains without influence in bringing out the real value of the protected interest.It is such an analysis that the protection of nature, as an essential value, may be used only by recourse to an effective criminal law established on the bases of ethical foundations understood and accepted by everybody. This thesis of law fits into a forward-looking approach that would contribute to such an outcome by trying to rethink and restructure the special criminal law of the environment so as to offer the repressive judge the opportunity to exercise a true value judgment on self-destructive and now recognized violations of mankind itself
They, Marine. "La protection internationale du patrimoine culturel et naturel de la mer : les compétences de l'Etat sur les biens culturels submergés." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D057.
Full textSince the eighties, States have endeavoured to adopt and promote initiatives oriented towards a better protection of underwater cultural heritage, endangered by treasure hunters' covetousness and resources exploitation impacts, even in the deep ocean. The current low number of adhesions to the 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage however highlights some deep divisions among the international community concerning the means for preventing threats to the integrity of the submerged cultural heritage. The localisation of certain sites in the high seas has raised jurisdictional claims, sometimes grounded on an extension of connecting factors - spatial and "extra-spatial" - already recognized in general international law and by the 1982 United Nations Convention on the Law of Sea, sometimes based on hitherto purely factual links. In this context, international protection of underwater cultural heritage offers another pretext for confrontation between maritime powers and coastal States, the latter being potentially declared winners according to future developments in positive law. Conventional and customary rules remain insufficient, either for a real delimitation of state's competences or for regulating the exercise of jurisdiction once authorized. Therefore, the idea of protecting underwater cultural heritage for the "benefit of humanity" appears to be merely rhetorical and even evicted by unilateralism
Pageaux, Mathieu. "La Connectivité écologique dans les systèmes régionaux de protection de la biodiversité : étude comparée du réseau écologique Natura 2000 et du Système National des Unités de Conservation brésilien." Limoges, 2013. http://aurore.unilim.fr/theses/nxfile/default/5f025d66-5e57-4787-afaf-a0d22a840b2a/blobholder:0/2013LIMO1002.pdf.
Full textEcological connectivity is a concept of growing importance in the law of conservation of nature. It strengthens the ecological networks in their mission to protect ecosystems and is also a sign of their completion. This thesis analyzes the concept of ecological connectivity in international law, european law and brazilian law. The comparative study of the European ecological network Natura 2000 and the Brazilian System of Conservation Units (SNUC) allows us indeed to conduct a detailed inventory of the different ecological connections, their issues and their legal weaknesses. This is also an opportunity to examine key conditions essential in strengthening ecological connectivity, namely, essentialy, the social and environmental function of property rights, the protection of connectivity in urban areas by planning law, the protection of ecosystems in marine areas and the importance of participation in the management of ecological connections
Borderon, Séverine. "La négociation écologique en droit des études d'impact environnemental." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0003/document.
Full textThe law applicable to environmental impact assessments has evolved considerably since its creation by the Nature Protection Act of 10 July 1976. From a right based on a segregated nature to a right based on a systemic and dynamic approach of the interrelations between man and his environment, we work in 2017 with a flexible and negotiated right. Knowledge exchange through expertise gradually opens up a space for negotiation where economic interests and scientific reality merge, giving rise to a modernized conception of nature: the assessment of biodiversity by Services it renders to man. However, the complexity of nature surpasses the apprehension that man can have. Therefore, although the legal procedures applicable to environmental impact assessments still reflect the limits imposed by the economic power over nature, the law nevertheless opens up a breach through the development of digital tools that could equilibrate forces. The emergence of an ecological negotiation in which secular scientific expertise, public participation and the creation of a common knowledge of biodiversity would also influence public decision-making may well be emerging
Lanord, Magali. "La Conservation des habitats naturels et de la faune sauvage : le droit communautaire et sa mise en oeuvre en France." Clermont 1, 2002. http://www.theses.fr/2002CLF10251.
Full textBiodiversity is undergoing a period of regression as illustrated by the deterioration of natural sites and the disappearance of many animal species. Despite the boom in community laws ont the environment, agricultural and forestry policies have long played a role in this degradation
Georgelin, Clémence. "Fonction identitaire et protection juridique du "terroir" : étude des rapports entre les sciences du vin et le droit vitivinicole." Thesis, Reims, 2017. http://www.theses.fr/2017REIMD008/document.
Full textThe term terroir has been used in France for several centuries. However, it was not until the early 21st century that it received a definition specific to the wine sector from the International Organisation of Vine and Wine (OIV). The OIV defines terroir as a concept referring to an “area in which collective knowledge of the interactions between the identifiable physical and biological environment and applied vitivinicultural practices develops, providing distinctive characteristics for the products originating from this area”. This implies an axis of qualification of terroir reflecting scientific characteristics, as well as natural and human factors, already contained in the notion of appellation d’origine contrôlée (AOC). This nascent enthusiasm for the use of terroir to designate vitivinicultural products most probably stems from the tendency to overuse AOPs, whose number is relentlessly increasing. But this definition, which cannot claim genuine legal foundations, undermines its enduring nature. The challenge is therefore to identify the scientific outlines of the definition of terroir, with a view to establishing a legal framework. Building on a juxtaposition of natural and human factors in the same way as AOPs, we highlight the implied scientific factors within the specifications necessary for the legal qualification of terroir. We then argue that the solutions envisaged to legally frame the theory of the terroir can be counterproductive in view of existing geographical indications
Cadiou, Pierre Yves. "Le droit de l'urbanisme et les zonages écologiques- Contribution à l'étude de l'intégration de la protection des espaces naturels -." Phd thesis, Université de Bretagne occidentale - Brest, 2008. http://tel.archives-ouvertes.fr/tel-00362420.
Full textL'intégration de cette protection par le zonage en droit de l'urbanisme est double car ce droit est à l'origine de la création d'un nombre important de zonages écologiques, mais intègre aussi de tels zonages provenant d'autres branches du droit.
La mise en place de zonages écologiques par le droit de l'urbanisme révèle une particularité. En effet, malgré l'affirmation du principe de décentralisation en droit de l'urbanisme, cette compétence particulière n'échoit que partiellement aux collectivités territoriales. De plus, cette décentralisation, lorsqu'elle existe, peut être qualifiée d'imparfaite puisque plusieurs obstacles subsistent dans son application.
Malgré l'existence du principe d'indépendance des législations, le droit de l'urbanisme intègre de nombreux zonages écologiques issus d'autres codes dans sa propre hiérarchie des normes par la mise en place de liens juridiques principalement basés sur l'obligation protéiforme de compatibilité qui varie selon le degré de complétude et de précision de la norme supérieure.
De, Almeida Corrêa Simy. "A natureza como sujeito de direitos ? : As transformações do conceito de natureza e seu contexto de alienação no sudoeste do Pará, Brasil." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD008/document.
Full textThe main effort of the rescue work was the transformation of the concept of nature in Western philosophy and relate the history of law, analytic categories such as power and domination of drawing a particular way the crisis process environmental as discussed today. The aim was to discuss the role of law as a science and as an instrument of power that historically only led party on a dominant status and a mastery of the crisis experienced and propagated today. In this sense, it is inevitable question of the Amazon, in particular the state of Pará with record of deforestation and conflict. The reflection of all the transformations are experienced daily in the region where the nature diametrically opposed visions of the life of a conflict and therefore within the force field agents to show their power and dictate the future of this location. A brief analysis of how lawyers are manifested in processes related to large projects in the western region of Para to illustrate the vision and the nature of the concepts learned by these important agents. But what could be really different in this whole journey that repeats throughout the world? At the end, we present the latest discussions on the social empowerment of officers who resist the secular domination. Nature as a subject of rights is not only a thought or a biocentric theoretical aspect, is a decolonization movement of thought and theoretical constructs Europeanized / Western and a building accountability agents that give identity to place, the Amazon
O principal esforço desde trabalho foi resgatar as transformações do conceito de natureza dentro da filosofia ocidental e relacionar a história do Direito, a partir de categorias analíticas como poder e dominação que desenham um caminho particular ao processo de crise ambiental tão discutido na atualidade. O objetivo era discutir o papel do Direito enquanto ciência e enquanto instrumento de poder que conduziu historicamente apenas parcelas das sociedades ao status de dominante e que exerce grande controle da crise hoje vivenciada e propagada. Neste sentido, é inexorável falar da Amazônia, especialmente do Pará, Estado com recordes de desmatamento e conflitos. O reflexo de todas as transformações são vivenciadas dia-a-dia na região onde visões de natureza diametralmente opostas convivem conflituosamente e, portanto, será dentro do campo de forças que os agentes demonstram seu poder e ditam o futuro deste lugar. Apresentamos uma breve analise de como os juristas manifestam-se dentro dos processos relacionados aos grandes projetos na região oeste do Pará como ilustração da visão e dos conceitos de natureza apreendidos por esses importantes agentes. Mas o que poderia ser realmente diferente em todo esse percurso que se repete em todo mundo? Ao final, apresentamos as últimas discussões quanto ao empoderamento social de agentes que resistem à dominação secular. A natureza enquanto sujeito de Direitos não é apenas um pensamento ou uma vertente teórica biocêntrica, representa um movimento de descolonização do pensamento e das construções teóricas europeizadas/ocidentais, como também uma construção de empoderamento dos agentes que dão identidade ao lugar, a Amazônia
Boillet, Nicolas. "La mise en valeur du patrimoine naturel et culturel en droit public." Lorient, 2009. http://www.theses.fr/2009LORIL141.
Full textThe promotion of the natural and cultural heritage is today an integral part of public policies enacted by both the state and local authorities. The stated objectives of these policies gather together a number of areas including the promotion of cultural heritage, along with the economic and territorial development of the regions in question. Once the interest, the objectives and the functions of the notion of promoting national heritage have been clearly defined it is possible to identify a set of rules and legal procedures which guarantee the actual substance of the aforementioned notion. The different features making up natural and cultural heritage have therefore come under the jurisdiction of property law. This French property law raises a number of questions centred on the economic reality of promoting national heritage. The idea of economic development outlined the French Code général de la propriété publique has also itself contributed to a debate on the matter of national heritage. Developments in environmental and cultural law have helped to shape the framework within which the promotion of national heritage is to be found. However, the aforementioned framework also includes a number of specific rules of a purely incentive nature. Promoting national and cultural heritage consequently provides an element of coherence and harmony regarding, on the one hand aspects of natural heritage, and on the other hand aspects of environmental, cultural and property law
Guillaumet, Anne. "La place de la nature dans la société tunisienne post-révolution entre politiques de protection et exploitation touristique : Représentations, approches institutionnelles et pratiques sociales." Thesis, Avignon, 2019. http://www.theses.fr/2019AVIG1196.
Full textIn Tunisia, in the aftermath of the 2011 Revolution, many protected natural areas such as national and urban parks were severely degraded and vandalized. In parallel, in 2014, nature became a constitutional right and at the same time in the tourism sector, touristic offers more attuned to natural areas emerged. What do these contradictory behaviours tell us about Mankind/Nature relations in post-revolution Tunisian society? Our research focuses on the analysis of the social representations of nature, in particular "iconic" images, old and new, of nature (Part 1), the ambitions of public policies in terms of environmental protection that have followed one another since Independence, the environmental themes promoted by the actors of the post- revolution public debate (political, associative, media) (Part 2), as well as recent trends in Tunisian tourism and the new outdoor activities of the Tunisian people (Part 3)
En Túnez, después de la Révolution de 2011, muchas áreas de naturaleza protegida como los parques nacionales y los parques urbanos enfrentan graves degradaciones y actos de vandalismo. En paralelo, en 2014, la naturaleza se vuelve un derecho constitucional, y al mismo tiempo, en el sector del turismo, se nota la aparición de una oferta turística más cerca de los espacios naturales. ¿ Que nos enseñan estos comportamientos tan contradictorios de las relaciones entre humano/naturaleza en la sociedad tunecina post-revolución ? Es a través del estudio de las representaciones sociales que nuestra investigación se centra, prestando más interés, a las imágenes « icónicas », antiguas y recientes, de la naturaleza (parte 1), a las ambiciones de las políticas públicas en el sector de la protección del medio ambiente que se produjeron desde la independencia, a las temáticas ambientales apoyadas por los actores del debate público post-revolución (político, asociativo, prensa) (parte 2), así como las recientes tendencias del turismo tunecino y las nuevas prácticas en plena naturaleza de los tunecinos (parte 3)
Panagouli, Eleni. "La rencontre de la ville et de la forêt : l'action publique et les territoires de la nature en Grèce." Paris, EHESS, 2016. https://tel.archives-ouvertes.fr/tel-01664883.
Full textAt the present time, Greece does not have a cadaster. This unique situation at the European level is the most evident manifestation of a social and politico-historical conflict concerning the application of the rights on land. This uncertainty of the land status is originated primarily from the disputed limits of the forests and particularly from their limits with the urban. One of the consequences of this phenomenon is the clearing of forests for the construction, resulting unsustainable transformations on the urban, ecological and landscape level. Even if this statement makes an object of public debate, it is treated only as a technical problem, this of the establishment of a cadaster. In the perspective of inscribing the relation between the forest and the city into a political dimension, the principal objective of this thesis is to explore the sociopolitical and epistemological aspects of the questions, what is forest, how we attribute its character and how we delimit it. Firstly, the research analyses the interaction between the forest and the urban policies, as well their European perspectives through archivist and bibliographic researches. Secondly, the organization and the professional and scientific practices of expert groups are explored through the study of their collective discourse, as well as through the study of interviews taken from their members. Furthermore, the thesis examines the territorial aspects of these relations. On one hand it studies the case of the Parnitha mountain, a national forest park into the periurban region of Athens. On the other hand it examines the protected regions of the Natura 2000 network, treating cartographic, demographic and landscape data
Sani, Abdoulkarim. "Les enjeux contemporains de la protection de l'environnement au Niger." Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0449/document.
Full textThe environmental degradation in Niger, takes a scale of increasing concern. Thechallenge for public policy is to change the relationship between man and his environment inorder to reverse the trend. To this end, in an internal context characterized by theestablishment of democracy and the rule of law and an international context characterized bythe globalization of environmental law following the Rio Conference (1992) in particular, therule of law has naturally emerged as the key tool for these transformations. The objective ofthis thesis is to identify and analyze the actions of transformation in the relationship betweenman and his environment with the goal of sustainability of natural resources and sustainableliving environment as issues the environmental situation in a state fragility. Niger hasembarked on a normative production process, with the aim of producing a law combininginternational standards and local norms and practices that it is in the processes of decisionmaking and environmental protection methods. With an interdisciplinary approach, analysisof contemporary issues of environmental protection in Niger, allow us to reveal the nature ofman's relationship with his environment as established by law in a democratic context andglobalization of environmental law, but also reveal how the situation in general fragility of thestate and society control the implementation of this rule of 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 textLambert-Habib, Marie-Laure. "La vie sauvage, enjeu du droit international contemporain : reflexions sur la C.T.E.S. (convention sur le commerce international des especes de faune et de flore sauvages menacees d'extinction)." Paris 1, 1997. http://www.theses.fr/1997PA010310.
Full textThe CITES treaty is aimed at keeping international trading of wild species at levels which do not endanger their survival. Its text expresses the interests of the signatory states: trading in wildlife and flora, an important activity particularly for southern countries, is authorized; its control perpetuates economic activity; governements remain in control of law-making. CITES has evolved, however, under the influence of ngos, which are the mouthpieces of an environmentally aware public opinion in the northern hemisphere. The new conservationist trend can be seen in the increasing number of species whose trading is forbidden, and for which southern countries are asked to take costly measures of protection; in the growing number of economic sanctions taken against the states which do not meet the obligations decreed, mainly southern states. Farther, a more complex opposition can be detected behind the simple conflict between conservation and trading. On the one hand, emerges a globalizing hypothesis which would consider the world's biodiversity as a common heritage of mankind, for which current generations would be accountable to future generations: both an optimistic and ambitious vision, but which doesn't reflect the actual evolution of law, and carries the risk of unequitable enforcement. On the other hand, appears a reaction of "re-nationalization", defining wildlife as a national resource for which southern governments are answerable foremost to current generations, in particular the local populations who bear the cost of conservation. Cites practice enables to apprehend theoretical concepts (sustainable use and development, common heritage, future generations. . . ) In concrete terms, by setting them against some realities like the sovereignty reflex and the needs of populations in the southern hemisphere
Bonnefond, Mathieu. "Les modes de régulation des usages des espaces naturels en France et au Mexique : analyse des cas de la Brenne et du bassin du Tepalcatepec." Phd thesis, Université François Rabelais - Tours, 2009. http://tel.archives-ouvertes.fr/tel-00465895.
Full textTronchon, Pierre. "Aménagement de l'espace et sécurité civile." Perpignan, 1990. http://www.theses.fr/1990PERP0071.
Full textThis thesis wishes to demonstrate : - that the failure to master urban planning may breed death - by creating urbanisation along major trunk roads thought lessly - or social conflicts - by anarchical construction of council flatsi n town belts without thinking of how to integrate these estates with existing housing. - that public opinion is much more sensitive to the consequences of natural catastrophes aggravated by man than to traffic accidents in urban areas yet responsible for 50 times more victimes each year. - that civil security be improved by a real democratisation of urban planning of the whole territory (concerted planning) and by creating a courageous and determined land policy
Rio, Cédric. "Préservation de la nature, protection sociale et justice entre les générations : Privilégier le présent pour transmettre au futur un monde plus juste." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT5018/document.
Full textHow can we reconcile the respect to liberty rights of members of future and current generations? Act in favour of the former should not be at the expense of the latter. According to us, the guaranty for all to be able to develop and conceive a specific conception of the good life involves favouring the objective of global social justice in the present time, and so transmitting to posterity a fairer world. We show first how the succeeding generations on Earth have duties to those who follow in time, but also why our acts do not reflect the recognition of such duties. Then we wonder about the content of the World to transmit in compliance with these duties. Generations bear the responsibility to preserve as much as possible the natural environment and to edify a sufficient political and social environment. This requires the constitution of an intergenerational savings during a limited phase, followed by a steady-state phase in which the accumulation must be stopped. But efforts to the savings and resources generated by it have to be distributed fairly within and between generations: this is the subject of our third part. We show that efforts required to everyone during the accumulation phase should depend on the environment available to individuals, while produced resources have to be redistributed primarily to the most disadvantaged contemporaries. Such a social time preference does not run counter the rights of future individuals: it allows instead to limit the perpetuation of intra-generational inequalities from generation to generation and to promote the respect of their rights by individuals living at the present time