Dissertations / Theses on the topic 'Principe pollueur-Payeur'
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Sabran-Pontevès, Elzéar de. "Les transcriptions juridiques du principe pollueur-payeur." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32023.
Full textVignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif." Nice, 1998. http://www.theses.fr/1998NICE0034.
Full textMonpion, Anne. "Le principe pollueur payeur et l'activité agricole dans l'Union européenne." Limoges, 2007. http://www.theses.fr/2007LIMO1005.
Full textThe agricultural activity, as it done in Europe, is a source of pollutions. Indeed, the common agricultural policy (CAP), which is based upon productivity, has played a great part in the realisation of important environmental damages caused to natural resources. The polluter pays principle, one of the foundations of the common environmental policy, seems to be resolutely put aside ways enforced to struggle against agricultural pollutions. The both pillars of the common agricultural policy have in some way set up that enmity. The first pillar, which has disconnected the prices of agricultural products from market signals, doesn't allow producers to internalise external costs. Regarding to the second pillar, it tries to struggle against agricultural pollutions by financial supports whereas the polluter pays principle is a no subvention principle. The common environmental policy, in accordance with the integration principle, represents another way to fight against those pollutions. Unfortunately their diffuse nature is an obstable to the enforcement of the polluter pays principle by environmental regulation. The diffuse nature of the pollutions makes the identification of the polluter impossible. So the enforcement of the preventive and curative functions of the polluter pays principle is very difficult. However, improvements have been carried out thanks to the continuous reform process of the CAP which indirectly promotes the enforcement of the principle. It doesn't mean that it leads the common policy of fight against agricultural pollutions. It seems to be definitively banished from that sector which means that the society bears the load of environmental damages costs
Charlier, Christophe. "Prudence et principe du pollueur-payeur pour un traitement concerté de la dangerosité." Nice, 1995. http://www.theses.fr/1995NICE0030.
Full textThis thesis strives for defining the behaviour of prudence for a polluter that results from the setting of the precautionary principle with the polluter-payer principle. The theoretical point of view defended focuses on the negotiation between the polluter and the involved society before the bigining of the concerned hazardous activity, ratehr than on the regulatory relation between the regulator and the polluter while dealing with the activity. The analysis of prudence is carried through in two main stages. In the first step, the negotiation's content is defined. The "principle of the victim of pollution prime contractor of the cleaning up" is pointed out and its limits (grounded on asymetrical information) are explored. In the second step, the choice of the negotiation process to use to implement the "principle of the victim of pollution prime contractor of the cleaning up" is examined. The reasopn of desagreement that may arise, which do not come from the activity's dangerousness but from a problem of proceeding (equilibrium selection), are explained. Finally, the consequence on the prudent behaviour of the polluter of the presence of an other polluter of the same kind is investigated
Caruana, Nicolas. "La fiscalité environnementale : entre impératifs fiscaux et objectifs environnementaux : une approche conceptuelle de la fiscalité environnementale." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1022/document.
Full textAlways mentioned amongst market based-instruments for cost-effective environmental policy, studied by many economists, environmental taxation is ignored by legal opinion and represent only a small amount of tax revenue. This paradox can mostly be explained by the way environnemental taxation is defined.Most of the time seen as exo-taxes, environmental taxation is tackled analytically, through the criteria established prima facie. Using this way of reasoning is not only insufficient to show all the ways the environment can be protected with environmental taxation, but is also preventing the emergence of a real concept of environmental taxation. This concept, that we are trying to define, is multidimensional ; it can be seen from different angles : legal, economic, political and/or scientific.Questioning the foundations of environmental taxation (principles such as the polluter-pay principle, the prevention principle, the precautionary principle...) and the way professors of law define it, will show that a paradigm shift is needed, to bring a concept of environmental taxation into light. Marked by its environmental efficiency, environmental taxation does not actually include the issues, nor has the beneficial consequences that politicians may imagine
Ramos, Valéria Theodoro. "Les instruments économiques et le droit de l'environnement dans l'ordre juridique français et brésilien." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010289.
Full textComparison between Brazilian and French law shows that taxation, as legal economic intervention tool, is intended to serve the protection of the environment. The evolution of the guiding principles of the environment law, most notably the move from the polluter-payer to the integration principles, shows that the environment is more and more taken into account. The polluter-payer principle is limited to costs. The integration principles, as an operating principle, has a direct connection with the decision making process used by private and public agents. It allows, and even demands, the conciliation of tax and environmental laws systems. If, within the European context, this evolution is clear within the French law, in Brazil the integration principles is barely known, even unknown. However, we believe it to be explicitly recognized by the Brazilian Constitution. Within the economic and social orders, protection of the environment is guaranteed. The State, as an agent of the Market, requires that impact analyses on the environment are made. It does so using tax benefits mechanism. ln this document, we are showing the evolution of the taxation as an instrument used for the environmental policies in the European Community and in France. Moreover, we can verify the central position of the "eco-friendly tax system" within the notion of sustainable development. ln France, the maturity of the debate, within the "Grenelle de l'environnement" context, allow us to understand that every protective instruments, whether regulated or economics - like the taxations -, are supposed to be part of a greater public policy which en sure their coherence
Bisogno, Marina. "La fiscalità ambientale : uno studio comparato Italia/Francia." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D007.
Full textEnvironmental taxation can contribute effectively to the achievement of international and European environmental objectives, and this research aims to examine its nature, characteristics and effects. Taxation and environment are linked by an old relationship, which has changed over time. It started for economic reasons and then found its place also in juridical principles. This research applies a broader approach to the concept of environmental taxation, focusing on the analysis of environmental taxes and tax expenditures, to evaluate their compatibility with national and European tax law principle
Caruana, Nicolas. "La fiscalité environnementale : entre impératifs fiscaux et objectifs environnementaux : une approche conceptuelle de la fiscalité environnementale." Electronic Thesis or Diss., Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1022.
Full textAlways mentioned amongst market based-instruments for cost-effective environmental policy, studied by many economists, environmental taxation is ignored by legal opinion and represent only a small amount of tax revenue. This paradox can mostly be explained by the way environnemental taxation is defined.Most of the time seen as exo-taxes, environmental taxation is tackled analytically, through the criteria established prima facie. Using this way of reasoning is not only insufficient to show all the ways the environment can be protected with environmental taxation, but is also preventing the emergence of a real concept of environmental taxation. This concept, that we are trying to define, is multidimensional ; it can be seen from different angles : legal, economic, political and/or scientific.Questioning the foundations of environmental taxation (principles such as the polluter-pay principle, the prevention principle, the precautionary principle...) and the way professors of law define it, will show that a paradigm shift is needed, to bring a concept of environmental taxation into light. Marked by its environmental efficiency, environmental taxation does not actually include the issues, nor has the beneficial consequences that politicians may imagine
Aouimeur, Assia. "Les difficultés de mise en oeuvre de la fiscalité environnementale." Electronic Thesis or Diss., Sorbonne Paris Cité, 2019. http://www.theses.fr/2019USPCD005.
Full textIn the face of the ecological crisis, the States do not put any work to act effectively against the pollution and thus to consider the deployment of an ecological public order. The applied and preferred tools are the most adapted to the needs, the competitiveness of the industries and are the least effective. The government prefers to use regulatory standards and greenhouse gas emission permits to protect the environment, excluding the taxation deemed unpopular, too restrictive yet very effective to encourage economic agents to change their behavior over the long term.This environmental-related tax, essentially called “environmental taxation”, is confronted with a panoply of institutional, legal, political, economic and social obstacles that are difficult to surmount. In spite of a real potentiality, the tax related to the environment does not manage to be included in the French tax system, in EU law and in international law.Despite the real potential, the related taxation fails to fit into the national tax system, EU law and international law. The Nordic countries seem to be the exception.Environmental taxation must be at the service of the environment and thus meet this purpose. However, the only function of the latter is budgetary performance, the tax systems adopted favoring the protection of the environment are few in number.The thesis proposes to provide answers to obstacles to the emergence of environmental taxation in France, EU law and international law
Bisogno, Marina. "La fiscalità ambientale. Uno studio comparato Italia/Francia." Tesi di dottorato, Paris 1, 2019. http://www.fedoa.unina.it/12719/1/bisogno_marina_30.pdf.
Full textDe, Sadeleer Nicolas Ost François. "Les principes du pollueur-payeur, de prévention et de précaution : essai sur la génèse et la portée juridique de quelques principes du droit de l'environnement /." Bruxelles : Bruylant, 1999. http://catalogue.bnf.fr/ark:/12148/cb37677625h.
Full textCombe, Marius. "Instruments économiques et protection de la biodiversité : analyse juridique des mécanismes de compensation écologique et de paiements pour services environnementaux." Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3055.
Full textGathered under the term “economic instruments” – or market-base instruments -, mechanisms for ecological compensation and payments for environmental services have established themselves as the essential tool for the biodiversity and ecosystem protection policies. Built around a plurality of principles (polluter pays principle, beneficiary pays principle, etc.) and concepts (ecosystem services, natural capital, etc.) largely influenced by economical approaches of biodiversity and ecosystems, these two instruments characterize the oncoming of a new take on environmental policies. The study reveals the plurality of judicial links that unite ecological compensation and payments for environmental services. Sometimes close together, sometimes distinguishable, these mechanisms are, in fine, both sides of a same coin. The use of payments for environmental services, as ecological compensation, appears however as a preoccupying orientation, likely to deflect this instrument from its purpose. In spite of their theoretical virtues, the efficiency of ecological compensation mechanisms and payments for environmental services for the protection of biodiversity turns out to be questionable, justifying a reinforcement and more consistency in their legal framework
Sow, Amadou. "Les principes généraux du droit de l'environnement et les conventions régionales dans la lutte contre la pollution marine en Afrique." Thesis, Université Paris-Panthéon-Assas, 2022. https://docassas.u-paris2.fr/nuxeo/site/esupversions/406be0fa-f17b-4618-a361-2dcb38b0f4e1.
Full textThe problem of environmental deterioration is not linked to the draft of new agreements anymore, even though not all fields are covered so far by the existing law, but to the efficiency of the norms in effect. Most often, law exists, but is badly applied or not applied at all. This leads to two problems: first, the implementation of law, and second, the control of its application. In this context, the African continent cannot achieve its unity and its economic development without caring of the sword of Damocles which is the global warming caused by greenhouse gases and environmental destruction. Furthermore, the OHADA (Organization for the Harmonization in Africa of Business Law) should allow Africa to significantly advance on the subject of the companies’ responsible behaviour in terms of environmental and climate protection. In order to fill this gap, the OHADA should adopt in the near future a Uniform Act concerning social and environmental responsibility. The implementation of environmental policies and the application of the norms arising from them require a cultural revolution. The young generations should receive an education which is adapted to the new ecological challenges. The principles contribute in an important way to the development of the soft law in international law, but it is even more surprising that this phenomenon is more and more important in national law. Beyond formal legal aspects, the implementation of regional agreements will be confronted to further challenges: first of all, the reinforcement of the national institutional authorities’ capacity to reconcile economic, social and environmental imperatives
Bai, Song. "L'unification des régimes de responsabilité civile en matière de pollution marine." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1049.
Full textSince the Torrey Canyon oil spill, the International Maritime Organization began drafting three international conventions (CLC, HNS and bunker oil conventions) to establish civil liability for compensation for ship-source pollution damages. Claims for compensation for pollution damages (including clean-up costs) may be brought against the owner of ships which caused the damages or directly against the owner's insurer. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. Furthermore, the IOPC funds which was set up in 1992 under the IOPC convention 1992 is able to compensate the victims when compensation under the CLC 1992 is not available or not adequate. But do these international regimes work well ? And are there conflicts between the International conventions ? Certainly, the most of loss resulting from oil spills from sea can be compensated by the CLC/ IOPC system. But the compensation under CLC/IOPC is not able to be enough for the major pollution events. If the CLC, HNS and bunker oil Conventions don't set up the same scopes, these International Conventions might be in conflict in case of transportation of dangerous goods or hazardous goods by sea, because the spill of the bunker oil and the hazardous goods would cause a major marine pollution. This paper gives an overview of international liability and compensation regime, and tries to give a proposal to resolve the conflicts between the international conventions
Leclerc, Thomas. "Les mesures correctives des émissions aériennes de gaz à effet de serre : Contribution à l'étude des interactions entre les ordres juridiques en droit international public." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0751/document.
Full textLooking for a global and corrective measure to reduce greenhouse gas emissions frominternational civil aviation has been facing legal obstacles. These obstacles took the form ofconflicts of norms linked to the general challenge of the interactions between international aviationlaw, climate change law and the law of the European Union. Using evolutionary interpretation ofthe Chicago Convention in order to reconcile norms of substantive and institutional nature emergedas the best solution. However, this method perpetuates legal uncertainty and poses the generalchallenge of flexibly and elasticity of the Chicago Convention in response to the climate changechallenge. This study examines the above mentioned issues of interactions between legal ordersand provides recommendations to restore legal certainty needed to ensure sustainable developmentof international civil aviation. More specifically, this study reveals the underestimated relevance ofthe ongoing distinction between the legal regimes of air navigation and air transport, which is a keylegal element in the search for a global and corrective solution to the impact of international civilaviation on climate change