Dissertations / Theses on the topic 'Écologie – Droit'
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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
Lozachmeur, Olivier. "La consécration du concept de "gestion intégrée des zones côtières" en droit international, communautaire et national." Nantes, 2004. http://www.theses.fr/2004NANT4012.
Full text"Integrated coastal zone management" (ICZM) is a dynamic process in which a coordinated strategy is developed and implemented for the allocation of environment, socio-cultural and institutional resources to achieve the conservation and sustainable multiple use of the coastal zone. After its recognition during the Rio Conference in 1992, the concept was took up by the international community and international organisations. In Europe, this approach was made concrete by the publication of a European strategy of ICZM in 2000 and by a Recommendation to the states members in 2002. Following the dedication of the ICZM concept by the french Government in 2001 and by the french Parliament in 2002, France prepare a national ICZM strategy since 2003. So certain instruments (SMVM, DTA, SDAGE, SAGE, bay contracts. . . ) fit partially in a prospect for ICZM, many efforts and legal adaptation still remain to make so that this concept is truly implemented in our country
Ducol, François. "Droit et développement urbain durable." Thesis, Dijon, 2016. http://www.theses.fr/2016DIJOD002/document.
Full textThe urban sustainable development is nowadays a main notion in the discourses about the city and in the concerning public policies. If it isn’t a simple variation of the sustainable development applied to the urban matter, it resumes many of its main principles, which are for some of them keeping with the long story of town planning. In any case, those principles are irrigating the urban law today. But from the legal rule to the concrete action is the way sometimes long, in order to limitefficaciously the urban sprawl or to reduce the urban pollutions for example. For a few year the frenchurban law is however being deeply transformed in order to contribute to resolve these problems and others, and to encourage the urban sustainable development. Thanks to which tools ? And despite of which obstacles ? These obstacles are not insignificant, and the even sound the real capacity of the French law, as it stands, to promote the urban sustainable development on the scale of the pertinent urban spaces, and not to block it
Fleurant, Maismy-Mary. "Les changements climatiques à Haïti : pour la résilience socio-écologique des populations par l’adaptation dans le domaine de l’agriculture. Possibilités et limites du droit interne et international." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/66597.
Full textThe thesis focuses on Haiti’s implementation of the international legal climate regime with the aim of adapting this country's agriculture to climate change. The general research question raised is to what extent the national legal framework, in line with international legal mechanisms, contributes to the socio-ecological resilience of the populations of Haiti to climate change through adaptation in the field of Agriculture. In response to this question, we hypothesized that the inadequacies and poverty of the national legal and institutional framework and the weaknesses in the implementation of the international legal framework do not contribute to the resilience of the people of Haiti to climate change and adaptation in agriculture. International environmental law is only really effective to the extent that it is implemented at the national level. For developing countries facing great financial and technical difficulties, facilitation remains the best way to achieve this implementation. In our work,we have sought to understand the role of existing national law in achieving Haiti’s objective of resilience and adaptation to climate change in agriculture. We questioned the implementation of international law by this country by analyzing and criticizing the legal measures and institutional reforms undertaken to allow the conventional environmental standard to be effective. We also analyzed the action of the facilitation mechanisms of the international climate and desertification regimes responsible for facilitating technical and financial assistance to developing States Parties, assistance without which a small island developing State like Haiti will find it difficult to achieve its adaptation objectives. This critical analysis of national law, of the way in which the implementation of international law was conducted and of the value of facilitation led us to formulate proposals for modification of the legal and institutional framework with the objective of socio-ecological resilience. ecological of the populations of Haiti by adaptation in the field of agriculture. These proposals were made, after a comparative approach to the implementation of international law by the Dominican Republic, a small island state neighboring Haiti and facing the same challenges of adaptation to climate change.
Doré, Antoine. "Des loups dans la cité : éléments d'écologie pragmatiste." Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0020.
Full textContemporary politics are marked by ecological changes questioning the place to be attributed to an ever growing list of various candidates for public life. Based on an empirical enquiry, this PhD Thesis relates the political career of wolves in France Tracing the various ways wolves get the attention of who (and what) surrounds them, describing the hybrid human/non-human agencies that they form and transform on their way, focusing on the way the involved protagonists handle the situations created by these animals, the most important trajectories that make up this career are followed, step by step. This research shows how scientists, lawyers, audiences, civil servants, journalists, etc. – and the wolves themselves – shape these trajectories that are marked by specific practices, temporalities, spaces and materialities. This enquiry demonstrates how the public presence of wolves is established by Science, Law, The State, etc and, reciprocally, how Science, Law, the State, etc. , invent and reshape themselves through wolves. It eventually gives a synthetic and realistic account of how Wolves’ Politics are established and sheds light on more general questions: in what sense can we talk of the political implications of nature? And in which ways does it compel us to change our ways to describe and build our living together?
Pesses, Abigaël. "Les Karen : Horizons d'une population frontière. Mises en scène de l'indigénisme et écologie en Thaïlande." Phd thesis, Université de Nanterre - Paris X, 2004. http://tel.archives-ouvertes.fr/tel-00370779.
Full textSchneider, Frédéric. "Les energies marines renouvelables face au droit." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0010.
Full textThe issue of marine renewable energies raises complex legal problems which interest the Law in its International, European and Domestic dimension. The effervescence of public and private initiatives on the matter requires a tailored approach to improve and develop legal instruments to support development of ocean energies. This approach elicits three levels of analysis. According to the International Law, it is marked by an environmental objective resulting from public interest. In this sense, marine energy conversion does not generate greenhouse gas emissions and its impact on the marine environment is generally minimal. With the help of these renewable energies, States will be able to respect their supranational commitments, particularly regarding climate change. In addition, the Law of the Sea provides legal certainty in the use of ocean space, by defining not only rights but obligations to coastal states. At the European level, legal certainty is connected to the target of at least 20 % share of energy from renewable sources in the Union's gross final consumption of energy by 2020, and is especially encouraged by the North Seas Countries' Offshore Grid Initiative in the context of the Europe's emerging renewable energy market. On a National perspective, the analysis of Comparative Law highlights the best practices related to offshore renewable development in terms of promoting investment and sustainable ocean management
Mougeot, Jacques. "La protection juridique de l'environnement marin des Caraïbes." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D026.
Full textThe levels of urbanization and industrialization in the wider caribbean region are still relatively modest. Nevertheless, economic development has placed heavy demands on some areas along the coastlines of the region and there are many severely polluted locations. The increasing contamination of the marine environment in the caribbean seau has become more and more apparent. National authorities, research institutions, international organizations as well as many citizen groups has expressed their concern and foresteres the development of projects, strategies and legal instruments to safeguard de region's coastal and marine resources. The solution to the problems should be sought through action at the global level, as well as through national and regional pollution control measures. Hydrocarbon pollution coused by oil spills, tank ballast washings, dock operations and explorations sea still poses one of the major threats to the region. Large banana and coffee plantations are an important cause of pesticides contamination. Sewage in commonly being discharged without any treatment or after inappropriate treatment. Other growing concerns are the disposal of solid wastes and the transboundary movement of hazardous wastes. The economy, the health of population and the ecosystems are in danger
Rambinintsaotra, Saholy Harinirina. "Vers la gestion intégrée des zônes côtières à Madagascar." Limoges, 2006. http://www.theses.fr/2006LIMO0512.
Full textThe coastal zones occupy a very important place in the human's life. They represent, like forests and the agricultural areas, the systems that maintained life on earth. The coastal zones biodiversity contain very weak ecosystems, which mostly suffer from human pressures. Facing this wealth, the different pressures on the coastal territories and the many legal texts that organize this space, the concept of integrated coastal zones management is recommanded by the international instruments. It is mainly the 17th Chapter of the Action plan 21, adopted by the United Nations Conference on Environment and Development (UNCED) organized in Rio in june 1992 which is the basis of this system. The interest of these global and integrated solutions causes a big capacity of adaptation concerning all the different concepts that are led. The main question is to know if the Malagasy legal setting is able to face the changes required by this concept of global management. In relation to the different conflicts that exist on the coastal space, many opportunities offered by the integration of the modern and the traditional right appear, in order to implement the integrated coastal zones management' approach in the country
Nafi, Madjid Michael W. "Islam, raison et politique : une analyse inspirée de la pensée d'Eric Voegelin." Paris 7, 2012. http://www.theses.fr/2012PA070118.
Full textThis dissertation examines Islam's rapport with reason and politics. The investigation was not carried out within the thought of a specific author or within a given historical school of thought. The purpose was to identify some general structures beyond the diverse manifestations of this rapport. The dissertation also offers an analysis of the very categories of reason and politics through Eric Voegelin's political philosophy. This work which is also a contribution to postcolonial theory follows two parallel lines: on one hand, it endeavors to render Eric Voegelin's philosophical insights explicit and, on the other hand, it caries out an analysis of a corpus of texts from the Muslim world on the basis of such insights. The main conclusion of this dissertation is as follows: the heated historical debates on the status of human rationality within the Islamic polity could be better understood if they are brought Gloser to the hermeneutics of Platonic and Aristotelian nous developed by Eric Voegelin. It reverses a widely-held opinion by suggesting that it is not within the rational theology practiced by the Mu'tazila that one finds the most interesting discussions on reason but rather in the writings o such thinkers as Ibn Taymiyya, the author of a treatise against Greek logic. Two paradigmatic fields within the history of Sunni Islam were explored in the first two sections: the graduai elaboration of the ethical/legal universe of the sharia, and the debates around the notion of fitra or human nature which appeared long before the Islamic reception of the Greek philosophical corpus
Tassinari, Carlo Andrea. "Les nouvelles frontières du développement : l'idéologie durable, une analyse sémiotique des textes onusiens." Thesis, Toulouse 2, 2019. http://www.theses.fr/2019TOU20108.
Full textThis work provide a semiotic analysis on the evolution of international environmental law based on the concept of sustainable development as United Nations define it in the EarthSummit. In order to do so, the thesis organize the corpus of the Earth Summit records following the idea that they are bound together by a coherent strategy which deploys from 1972 to 2012, and found a typology of ONU's documents, encompassing directive and normative discourse. In the firs part, the work elaborate on the necessity of the semiotic account for a better understanding of both legal discourse and ecological tensions, which are both takled as practices of meaning construction. The second part provides a state of the art of the juridical semiotics, with particular emphasis to the problem of ideology in legal texts. Building on that, it elaborates on models for diachronic analysis and for the individualization of emerging tendencies in law. Starting from the concept of « discursive formation » by Foucault, it discuss the idea of « juridical formations » in the framework of a semiotic of « semiotic formations ». Finally, in the third part, th work provides a diachronic analysis of the way the concept of « sustainable development » has influenced United Nation legal production, as well as of how the ideological bias that impede the translation of the concept of « sustainable development » in effective legal rules. In conclusion, we will sketch the semantics paths that sustainable ideology didn't thematize, narrowed by the semiotic constraints that defines it : sustainable development maintains an idea of environmental law as a strategy to take economical advantage from limitation of pollution, new technology development and green economy, in brief, of object that we can dispose of. The juridical construction of an international market of environmental ethics thus opposes the idea of an ecological catastrophe by the identification of economic growth and ecological purposes : that’s precisely the ideological orientation defined as « durable » (« sustainable ») ideology. This perspective totally ignores the raising of a minor discourse which recongnizes that ecological objects have "interests", intertwined with the human ones, and that can be legally recognized seeking a mediations between humans and non-human actors in a project of cohabitation that has yet to be found
Farinetti, Aude. "La protection juridique des cours d'eau : contribution à une réflexion sur l'appréhension des objets complexes." Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_farinetti_a.pdf.
Full textThe natural sciences have demonstrated the systemic operation of waterways through the concept of river hydrosystems. This reality contrasts with their traditionally fragmented legal comprehension, and requires an evolution in applicable laws to ensure the protection of rivers. This development has involved mobilizing instruments of public law (public river domain, police or easements) in order to restore the ecological integrity of waterways through legislation. A territorial framework adapted to the protection of the river hydrosystem could be sought through ecological networks or basin territories. From this reunified spatial base, the law has developed a more comprehensive understanding of the river hydrosystem. A growing number of actors are now involved in decision making, while the ensemble of waterway issues are considered through globalizing concepts such as balanced and sustainable management of water resources and their operational extensions that are the planning instruments or financial and fiscal tools. Such developments have permitted the building of a legal arsenal dedicated to protecting river dynamics and the biodiversity it generates, but also capable of protecting cultural river heritage
Marti, Romain. "Recherche de marqueurs de contamination spécifiques des effluents d'élevages porcins." Rennes 1, 2009. http://www.theses.fr/2009REN1S057.
Full textEuropean Directive 2006/7/CE asks to the European government to establish the swimming profile of recreational water. Thus, it is necessary to have tools that allow us to determine the origine of fecal pollution. In the background of Brittany, which concentrates 56 % of French pig production, we focused ours researches on a pig fecal marker. In a fist step, we studied the behaviour of dominant fecal bacterial populations in manure with a fingerprinting technique. The goal of this step was to find a bacterium always present in raw or treated manure by biological process. Two species, Bifidobacterium thermacidophilum subsp. Porcinum and Lactobacillus sobrius/amylovorus were highlighted in all manure samples. With nested PCR or real-time PCR, B. Thermacidophilum subsp. Porcinum and L. Sobrius/amylovorus, respectively, were found in all pig effluents, showing a great specificity. Persistence of L. Sobrius/amylovorus was also evaluated in microcosm in river water polluted by raw manure. Tow abiotic factors were study: oxygen and temperature. Results have shown that increase of temperature with oxygen, decrease the persistence of L. Sobrius/amylovorus in water like fecal indicators. With the good specificity and the persistence of L. Sobrius/amylovorus, we have a promising tool for tracking the pig fecal contamination in water
Candiago, Noémie. "La dette écologique en droit international public." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD007/document.
Full textThe ecological debt is a concept which was developed at the beginning of the 90s in order to fight against the burden of financial debts which crippled the budgets of developing States. States and the civil society used the theoretical and practical knowledge developed by researchers in social and economic sciences to criticize an unequal worldorder, leading to continuous environmental degradation and as such, a characteristic of an unequal ecological exchange. For the different actors, the concept of ecological debt took on various meanings so that we can now dissociate four different discourses. For each discourse, we have identified one or more legal mechanism, but most of them often turn out to be unfit to meet the claims of ecological debt advocates. It appears that only the community version of ecological debt is efficient without being counter-productive. Our analysis of the climate regime in international law confirms this result since norms that empower local communities seem more efficient to reduce climate debt
Magniny, Véronique. "Les réfugiés de l'environnement : hypothèse juridique à propos d'une menace écologique." Paris 1, 1999. http://www.theses.fr/1999PA010284.
Full textAouimeur, 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
Mistretta, Patrick. "La responsabilité pénale du délinquant écologique." Lyon 3, 1997. http://www.theses.fr/1998LYO33001.
Full textBorderon, 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
Couston, Frédéric. "Pour un humanisme écologiste : vers une méthode." Paris 10, 2002. http://www.theses.fr/2002PA100112.
Full textMillet, Laurent. "Contribution à l’étude des fonctions sociale et écologique du droit de propriété : enquête sur le caractère sacré de ce droit énoncé dans la Déclaration des droits de l’homme et du citoyen du 26 août 1789." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010277/document.
Full textThe property right is guaranteed by the Declation of the Rights of Man and of theCitizen of 1789 which calles it sacred. This quality finds a secular and republican translation(suggested by the Church’s social doctrine) in the social function of property right. This function is recognized abroad (constitutional courts, C.J.E.U., E.C.H.R.) and in France(Constitutional council, Council of State, Court of cassation), it is neither an isolated theory ofone author, nor an evolution of property right. There is a correspondance between thetheological assumption and the secular and republican concept of property right : to theCreator’s eminent domain corresponds the human community’s eminent domain (via theState’s eminent domain, the reserve of law, the common heritage of the Nation), to therelativity of the human creature’s domain corresponds the relativity of the private propertyright, to the management of creation (stewardship) corresponds the preservation ofbiodiversity and sustainable development. The analysis of this sacred feature reveals that thesocial function and the ecological function (or environmental) of the property right are part ofthe structural definition of this right. In its secular and republican legislative translation, theecological function of the property right is illustrated in the participation of owners to the conservation of natural ressources (particularly via naturalist inventories) and conservation of environmental quality of real estate and lands
Emmanouilidou, Pantelina. "L'île : nouvel objet juridique : le cas particulier des grandes îles de la Méditerranée." Thesis, Limoges, 2018. http://www.theses.fr/2018LIMO0069.
Full textSlands are territories where the tensions between the protection of the environment and economicdevelopment appear in an exaggerated manner. From one hand, island's ecology needs strict natureconservation measures, because of its vulnerability. On the other hand, the limited available spacein islands, combined with an augmented demand to develop, nourishes the territorial conflicts. Lawis called to manage such conflicts, thus arises the interest of reflecting on the theoretical basis of anIslands Law.This work adopts a territorial approach that studies the Mediterranean island space by usingmanifold tools of social sciences
Martins, Da Cruz Branca. "De la réparation du dommage écologique pur : Etude à la lumière du droit portugais." Nice, 2005. http://www.theses.fr/2005NICE0001.
Full textResulting from the risks of the mass society, the pure ecological damage is as difficult to define as to integrate in the traditional legal frameworks. Recently attracted to an environmental liability inspired by Public Law (Dir. 2004/35/CE), its reparation seems to be better served by civil liability more respectul of citizens' rights and civil society participation. This institution necessary evolution is already in progress and the adaptations needed appear to be feasible. Therefore, civil reparation would be based on two legal pillars: subjective right and civil liability. Conciliating the ecological damage reparation with the Environmental Law principles, these adaptations involve the widening of strict liability, the adoption of the integral risk doctrine, the direct corporate liability and the risks collectivisation mechanisms enlargement. Such adaptations would fulfil this new damage reparation requirements, not entailing the creation of a special new regime, conceived ex novo
Gueye, Doro. "Le préjudice écologique pur." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Full textEnvironmental damage has always been taken into account from the perspective of anthropocentric damage, that is, damage that affects humans and goods. Today, driven by the ecological ethics defended by the advocates for an ecocentric design for Man's responsibility to environmental goods, most of the doctrine considers environmental damage as purely ecological damage. This concept of purely ecological damage can be defined as the wrongful consequence of damage to a common environmental heritage, a certain threshold of severity and deriving from an act attributable to man. The specificity of the nature of purely ecological damage means that its recognition and compensation are understood with difficulty in environmental responsibility law. Compensation for purely ecological damage is taken into account, at the European level, by the directive of 21 April 2004, which set up an innovative mechanism for environmental responsibility, transposed into France by the law of 01 August 2008, creating an administrative policy for the prevention of, and compensation for, damage to the environment. However, a judge sensitive to ecological damage always tries to compensate for the purely ecological damage on the common law principle of civil responsibility, the rules of which are ill-adapted to the specificity of this type of damage. Taking the environment into account as humanity's common heritage, the input of subjective and fundamental law on the environment, adapting the civil responsibility regime through implementation of a group environmental action and establishing punitive damage compensation all make it possible to go beyond the requirements of certain, direct and personal damages, and to better repair purely ecological damage through common law in civil responsibility
Fracchiolla, Béatrice. "Écologie et altérité : du discours de valeurs au discours de droits chez les Verts et les Verdi." Paris 3, 2003. http://www.theses.fr/2003PA030116.
Full textEcology as a science studies life in its environment. Political ecology deals with the organization of man in society. Ecology builds a specific type of discourse to counter that of others on values or rights that come from other cultures. One of the main points developed in this thesis is the representation of otherness in the ecological discourse of the French and Italian Greens. Such a discourse analysis proves that the ecologists move seamlessly from a discourse on values to a claim of rights. While this process appears fairly identical in France and Italy, there is, nonetheless, some distinction to be made regarding national, historical and religious traditions. The ecological discourse vacillates between the universality of its intentions and a singularity of the contexts in which it appears. It seeks to find out in its own manner whether human rights associated with political ecology may or may not establish an ethic of otherness
Guzman, Aguilera Reina Patricia. "Semences traditionnelles et biodiversité : Quelle (s) régulation(s) juridique (s) ? Le cas colombien." Thesis, Rennes 1, 2019. http://www.theses.fr/2019REN1G011.
Full textIn Colombia, different generations of farmers from indigenous communities, groups and local organizations preserve their practices of selection, conservation, reproduction and exchange of native seeds. Such practices have allowed them to secure their food and contribute to the maintenance of biodiversity. Since 1996, the FAO acknowledged the role of the farmer in the conservation of biodiversity. In the Conference of Parties to the Convention on Biological Diversity (CBD) presented in 2018, they highlighted the need to promote the conservation in situ of biodiversity in Origin and genetic diversity centers. Therefore, the CBD should consider the protection of native seeds as a tool to preserve grown biodiversity. The field result of this doctoral investigation shows that there is real protection of biodiversity through the means of native seeds preservation, which matches economic, legal and institutional obstacles insisted upon by the agricultural model in place. The need to adapt the legal frame and strengthen the conservation of traditional practices to prevent the loss of native seeds is imminent. Colombia is the example that opens the window to evaluate the necessary conditions to apply legal protection for native seeds, which may also secure biodiversity maintenance. The distinctive features of Colombian biological wealth demand integrated protection of biodiversity with a biocultural approach in favor of indigenous and local communities, as well as humanity itself. The Colombian case illustrates all the matters, challenges and consequences of the difficulty of protecting a sustainable and local agricultural production mode of the industrial agricultural model of international markets
Fériel, Louis. "Les obligations environnementales en droit des contrats." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0237.
Full textWhether voluntary or required, the obligations that take the environment into consideration in the contracts are on the rise. In this regard and in a context where university research work on the phenomenon of ‘private law greening’ is making remarkable progress, the notion of environmental obligation turns out to be promising. It may actually be seen as a resource of legal intelligibility leading to understanding how a real environmental function of contract law is currently becoming visible. Consequently, how can this notion be defined? How can we provide solid conceptual grounds for it and include it in the field of legal knowledge, more specifically in the contract sector? The approach of this research is first and foremost based on the observation of a strong trend: the evolution of environmental law into ecological transition law. With this in mind, environmental obligations should be perceived as obligations which precisely bring contracts to support the ecological transition. In the first instance, the research developments are aiming to demonstrate the importance of the contribution of contractual freedom to the practical effectiveness of the environmental obligations provided by environmental law. Secondly, the analysis focuses on a contractual strong hand as a way of creating environmental obligations and connecting them to contract law. At the end of the research work, the lineaments of ‘responsible contract law’, decisively focused on the resolution of the societal challenge related to the ecological crisis, are beginning to emerge
Vandervorst, Alain. "La conditionnalité écologique dans les organisations financières internationales." Rouen, 1999. http://www.theses.fr/1999ROUEL347.
Full textProvost, Anne. "La protection internationale de l'environnement : ordre juridique et ordre écologique international." Tours, 2004. http://www.theses.fr/2004TOUR1002.
Full textNaturalism is influencing the protection of the nature. The modalities and the effects of its meeting with the law have to be research, only the law guaranteeing its efficacy and its effectivity. Their meeting is little probable, the proceedings of international law being used in order to formulate the source of the law, the norms and for their efficacy. So, what law allows is not always what morale reprobates. The institutional and jurisdictional architecture have to be modified. A new subject of law, the Nature, a moral person, is consecrated, but not the human beings, real actors of the protection of the nature; State is reconsidered for he has to act as trustee of the Nature. The protection of the nature does not create neither a material extension of international law, nor an autonomous law consecrating a new juridical order. It distinguishes the state-matters and those implicating the human beings, justifying their presence out of the national frame
Abderrazak, Msallem Chéma. "Une contribution à l'analyse des labels écologiques." Paris 11, 2010. http://www.theses.fr/2010PA111015.
Full textOrengo, Céline. "La réparation du dommage écologique en matière maritime : étude à la lumière de mécanismes d'indemnisation nationaux et internationaux." Nice, 2007. http://www.theses.fr/2007NICE0010.
Full textMaritime environment offers an ideal perspective about civil liability and compensation. Indeed, the implementation the principle polluter pays is very well reflected within oil pollutions. Furthermore, States have decided to substitute to maritime tradition a strict legal framework concerning the vessel owner's liability and settled a mutual fund compensation. However, a victim has been omitted in this two-stage compensation regime: the marine environment which does not enjoy a legal personality and the injuries it suffers can not be quantified. In this sense, a United States act, the OPA of 1990 should be used as a source of inspiration for the international regime thanks to an exclusive claimant, the public trustee, and it sets up methods to assess natural resources damages. This Act has still inspired an other international compensation regime, the UNCC, created for Gulf war damages. It would be favourable that the international regime resulting from CLC/Fund Conventions could evolve in the same. Such evolution seems to find begin with IMO resolutions which amend the regime by increasing their limitation amounts and a protocol which create a third tier of compensation
Cadiou, Pierre-Yves. "Le droit de l'urbanisme et les zonages écologiques." Brest, 2008. http://www.theses.fr/2008BRES5002.
Full textVignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif." Nice, 1998. http://www.theses.fr/1998NICE0034.
Full textCazalis, Laure. "La contribution du juge judiciaire à la notion de dommage écologique." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2081.
Full textThe judge is at the center of the process of integrating the concept of ecological damage into positive law. The elusiveness of this concept has led him to use the notion of ecological damage as a conveyor of ecological damage, in particular under civil liability. The jurisprudential reception of ecological damage is original, insofar as it is a question of repairing the damage of a collective interest, and no longer a personal interest. The judge created a new objective and collective repairable harm by subtracting it from other categories of conventional harm. Although the jurisprudential advances have been officially established by the legislator, the role of the judge remains decisive because of persisting obstacles. In fact, the reparation regime introduced into the Civil Code has not put an end to the question of the level of seriousness of ecological damage, of its assessment and of its superposition on other special regimes. Furthermore, the judge has to face the evolution of ecological damage due to the emergence of a new category of ecological damage, climate damage. This new type of ecological damage with specific characteristics still challenges the judge, and the consecration of a fundamental right to the protection of the environment opens up new perspectives. This right would enable a relaxing of certain procedural rules unfavorable to ecological damage, such as the principle of the immutability of the trial. It could also lead to the specialization of the judge being imposed. Research therefore shows that beyond the judge's historical contribution to the consecration of the notion of ecological damage, his role still has a major incidence on the future evolution of this notion
Monteillet, 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"
Tupiassu-Merlin, Lise. "Recherche sur le droit à l'environnement : contribution de la fiscalité à sa réalisation : le cas brésilien." Toulouse 1, 2009. http://www.theses.fr/2009TOU10035.
Full textO objetivo deste trabalho é demonstrar que a inclusão do direito ao meio ambiente na ordem juridica não é algo sem conseqüências. O trabalho descreve o caminho percorrido pelo direito ao meio ambiente, de sua afirmação enquanto direitos humanos aos instrumentos teoricos e praticos que servem à garantia de sua efetividade, dentre os quais se inserira a tributação. Tendo por base teorias normativas e politicas, descobre-se as caracteristicas do direito ao meio ambiente enquanto principio juridico e direito fundamental de terceira geração. A consagração desse direito implica não apenas um dever de proteção da natureza, mas também uma obrigação imposta aos poderes publicos de forcener condições ambientais dignas a todos os individuos através da implementaçao de politicas sociais. Dentro dessa perspectiva, a tributação adquire um papel especial em razão de sua relação obrigatoria com a realização dos direitos fundamentais. Ela contribui para a implementação de politicas socio-ambientais. Estuda-se na segunda parte deste trabalho a utilização pratica da tributação para a concretização de uma melhoria da qualidade de vida dos individuos. O exemplo das reformas fiscais verdes e do duplo dividendo que elas propiciam são analizados. Enfim, o estudo culmina com uma analise sucinta da tributação ambiental brasileira e da experiência do ICMS Ecologico, instrumento tributario de redistribuição de valores adotado em varios estados brasileiros, que torna possivel a contrução de um novo modelo de desenvolvimento sustentavel
Chotouras, Dimitrios. "Le statut juridique en droit international du réfugié écologique : une nécessité ! Le phénomène migratoire du fait des modifications environnementales." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0043.
Full textIn recent years, the process of climate change and environmental events trigger without any doubt a massive migration within and sometimes beyond national borders. A new category of people - victims themselves of these disasters that cause dangerous effects on the enjoyment of human rights - often grouped under the label «ecological refugees» flee a shaky situation likely to be exacerbated by the incapacity, the limited natural resources or, furthermore, the State's negligence. This term, mainly descriptive of a situation, has no legal value in international refugee law as long as the international refugee protection regime was not designed to deal with situations of environmental disruptions. In this context, in regard of the needs of people displaced by the effects of climate change, there is a necessity to establish a legal status for environmental refugees. It's not just the responsibility of the host State that must be analyzed, but also that of the State of origin. Several issues require prompt and adequate response. How can we protect the affected populations? Would it be appropriate to qualify as refugees certain categories of these displaced people by environmental change? What is the status of displaced persons due to the disappearance of a State submerged below sea level? If a State failed to effectively protect its citizens during a natural disaster, isn't it responsible for the mass migration? Or, can we consider that the existing international legal instruments can already protect and assist environmental refugees?
Paulic, Gaëlle. "Entre production et consommation durables, quelle politique écologique des produits pour l'Union européenne ?" Nantes, 2009. http://www.theses.fr/2009NANT4009.
Full textConspicuous consumption has become the hallmark of the individualist model of society in the 21th century and the impacts of this consumption on the environment mean that the necessity to develop sustainable consumption patterns has become a central policy focus. Extended producer responsibility has already begun to focus on the product and its environmental impact. A new approach has now been canvassed bu the European Community which proposes a radical revision in the way in which impacts should evaluated and controlled. Integrated Product Policy is a proposal which reflects the problems of a society driven by consumerism. This evolutionary development in environmental politics results from a growing awareness that the increasing consumerism and globalisation of western society is linked to environmental degradation. Products are developed in accordance with their marketability. But their marketability is not automatically influenced by their environmental impact. IPP represents an innovative way of controlling environmental pollution by looking by the impacts which individual products will have on the environment along their full supply chain throughout their lifetime. It is a policy which is designed to function within a market economy where it is essential that consumption and production patterns are sustained in an economic sense. It is not aimed of achieving a reduction of consumption of products. But the viability of the new paradigm faces many difficulties in the refinement of a life-cycle approach within the current European legislation and within the context of a multilateral trade
Danna, Charlotte. "Le principe de solidarité écologique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2070.
Full textAdopted by article 2 from act nr 2016-1087 concerning the reconquest of biodiversity, nature and landscape of August 8th 2016, the principle of ecological solidarity calls “for taking into consideration the interactions of ecosystems, living creatures and natural or developed environments in all public decisions having a notable impact on the environment of the territories concerned”.This general principle of environmental law inscribed in article L110 1 of the environmental code is designed to preserve the interactions of ecosystems and ecological processes as well as to improve the environmental management of the territories. The duality of its objective renders it a highly valuable principle which should be applied to numerous decisions. Various supranational foundations, within jurisprudence and in international and European laws, can thus be assigned to it. In the context of ecological interdependence the evolution of the international and European dimension of the principle remains essential in order to see the benefits concerning the safeguarding of biodiversity. It is greatly enhanced, as regards internal law, by the fact that it is at the very center of the environment's equilibrium. It justifies the right to a balanced environment and extends the constitutional principles of prevention and sustainable development. Confronted with the crisis of world-wide biodiversity extinction that threatens our survival, the principle of ecological solidarity emerges as the last chance to preserve it. Two major groups of systems allow us to measure the dynamics of the principle of ecological solidarity: the green and the blue line belt network and the Ocean and coastline Governance Framework. They constitute a basis on which to develop ecological solidarity and represent the beginnings of new legislation. The principle of ecological solidarity requires them to be reinforced and more generally to advance all decisions concerned by the principle
Lucas, Marthe. "Étude juridique de la compensation écologique." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA029.
Full textThe aim of ecological offsets is to combine environmental protection with the social and economic opportunities of implementing new projects on natural spaces. Technically, these measures involve restoring balance between ecological damages and ecological benefits to be provided for by the ecological offset. Ecological offsets measures became mandatory in the seventies, yet their adequacy is still questioned today. They are administrative policy measures, distinct from liability. Although several different ecological offsets exist, no law explicitly defines them. It appears then very important to know whether it’s possible to draw one global legal definition of ecological offset, in order to assure the achievement of the ecological goals of all this measures: providing effective reparation of the damages caused to the ecosystems. All the more as the lack of legal offset criteria is adding to already existing practical difficulties which may in term bring about the downfall of ecological offset.Actually, though it is widely presented as a legal instrument to reverse the loss of biodiversity; reality shows that this purpose may not be attained, especially because of a lack of unanimous ecological measurement model. That’s why ecological offset deeply needs a legal characterization of what it should be. After this attempt at a definition, the thesis proposes to explore the future of the ecological offset, including the opportunities offered by shared sites of natural remediation
Bosc, Lionel. "Le préjudice collectif : contribution à l'étude des atteintes à l'intérêt collectif." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10032.
Full textThe time has come to protect the collective interest and civil liability law cannot ignore the threats posed to this interest. Are such breaches sufficient to be qualified as collective damage? Nothing is less certain. Having become the alpha and the omega of civil liability, collective damage irreversibly continues its growth. Defined by its personal character, the damage seems to be reluctant to receive a collective quality. However, both doctrine and case law regularly take into account compensation for collective damage when the subject of a dispute relates to an interest qualified as collective. In fact, an analysis of positive law shows that the collective quality of these interests and prejudices is too often only an appearance, so that both aspects are misguided. Beyond appearances, however, a profound movement is gradually allowing real collective harm to emerge, as evidenced by the introduction of ecological damage into the Civil Code. This latter, as an instance of limited recognition of collective damage, could easily be broadly extended. To this end, there is an underlying foundation within private law, which needs to be highlighted in order to ensure both consistency and the most adequate reparation, and to thus contribute to the renewal of responsibility
Belaïdi, Nadia. "La lutte contre les atteintes globales à l'environnement : vers un ordre public écologique ?" Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/f6701868-5bf0-4ba3-95d4-a0945429b5f2.
Full textTessier, Charles. "Profil de l'électorat de droite au Canada en 2000 et 2011 de l'analyse écologique à l'analyse par sondages." Mémoire, Université de Sherbrooke, 2012. http://hdl.handle.net/11143/5705.
Full textGréco, Marjorie. "Le droit dans un environnement équilibré et respectueux de la santé." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0002.
Full textThe first part of these researches aims at studying the causes of the apparition of the Charter of the environment and in particular the right for everyone to live in a balanced and environment, which is conducive to health (Article 1 of the Charter). It then develops the definitions of this right, particularly in the light of international and national laws prior to the Charter,to finally analyze its effectiveness. The lack of effectiveness of the right for everyone to live in a balanced environment that is conducive to health constrains, in a second part, to assimilate the environmental prejudice, as a subjective prejudice, to an objective ecological damage. This allows to analyze the responsibility induced by environmental and health damages. Finally, it is noted that, through all the environmental regulations, an environmental balance between man and nature, and health preservation have systematically been sought. This health protection requires the supervision of wild nature and,subsequently to environmental transformations, the development of solutions to remediate to environmental damage harmful to humans. If all these rules were converging towards a single objective, which would be to live in a balanced environment conducive to health, it could be possible to say that this right is the sign of the emergence of a new concept. However, this body of law remains, to this day, purely political and hypothetical. Its effectiveness exists only occasionally, through a multitude of environmental and urban planning rules, whose large scope also remains an obstacle
Chikhaoui-Mahdoui, Leïla. "Le financement de la protection de l'environnement." Paris 1, 1996. http://www.theses.fr/1996PA010281.
Full textBy analysing the financing of environmental protection, we intend to demonstrate the signifiance of the multiple actors and various procedures implemented to draw off the resources required for safeguarding of the media and the species, for ecological management of natural resources, and for fighting against all kinds of contaminations and nuisances. This analysis namely insists on the similarity of the answers brought by positive law, in every country, from the institutional and procedural viewpoints, to the problem resulting from perpetual search for financial resources to be put at the service of a policy, because of its public interest features is the subject of universal consent since the rio summit in 1992. This global search for funding resources is finally examined from the viewpoint of two simultaneous environment financing policies concretely implemented in two countries with significantly different development levels, france and tunisia, the first country runs this policy within the framework of industrialized country strive for environmental control and a tight european perspective, whereas the second country is at the spur of environmental protection in the mediterranean, african and arabic regions
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
Fontaine, Aurélie. "L'intérêt environnemental. Contribution à l'émergence des droits fondamentaux en matière d'environnement." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCD090.
Full textFundamental rights in environment are the legal expression of the interdependence between men and environment. There are new rights, and they definitive content is not finalized yet. They are also a reflection of a new form of solidarity, binding humans and nature in the same community of destiny. Generally forgathered under the umbrella of the right to an healthy environment, those new rights are still struggling to be enforced, while they represent at the same time an emergency to save the environment and humanity. How can we help those rights to rise ? A legal maxim says « there is no right without an interest ».Could the notion of interest be a key to unlock the maze of their slumber ? Real but invisible, the environmental interest appears as inescapable. Until now, the notion was unnamed : we could hear about it only by whisper of Law. Because the interest is a key notion both in practice and in theory of Law, we are conviced that a study on that interest will create better conditions for the rising of these new and vital rights in environmental matters.To identify it, we will need courage and peace. Courage, for we must always be ready to face the challenge of the judicial order and its sacred monsters. Peace, because we have to be ready to follow the interest on the new roads of the juridicity. In this journey between factsand ideals, the environmental interest invites us to rediscover the treasures of the judicial order and to renew our sense of justice. Walking next to it, we will be able to capture its transcendant nature. This will directly leads us to confront the judicial order in the manner in which it takes care of this fundamental interest. While doing so, we will point out some paradoxical legal situation. At the end, the truth appears : subversive, the environmental interest does not give peace to the judicial order. Its integration shakes the foundations of Law and demand a renewal to reach a new and fair equilibrium
Baudouin, Valentin. "Étude juridique sur les petites et moyennes sociétés commerciales en transition écologique : l'entreprise sobre en contribution à une nouvelle approche de la RSE." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA003.
Full textBusiness is an ambiguous idea of freedom, it is as much a vehicule of progress as a risk. The current ecological crisis is leading enterprises to take into account the effects of economic activity on society and environment. Pressured by new social standards, enterprises are led to change their conduct, especially through a societal and environmental responsibility approach. Then, it is the commercial company – the legal entity of the enterprise, not defined by french law – that is questioned in its definition and its social function. This is reflected in the recent reform of the french commercial company contract to consider social and environmental issues. It’s mainly the adoption of voluntary commitments that contributes to a change in the commercial company through the elaboration by private law persons of soft-law, i.e. norms devoid of coercion. As a post-modern law phenomenom, voluntary commitments lead the company to raise its standard behaviour to a higher degree of responsibility than de lege lata law, may succeed to the engagement of its legal liability. Also, the development of the social and solidarity economy’s corporate forms and the emergence of enterprises inspired by foreign models are a first breach in the classical commercial company approach. Noting the inadequacy of CSR and the corporate forms of responsible commercial companies to really take into account environmental issues, it is proposed to conceptualize a « sober enterprise ». A reflection on sobriety, an emerging legal concept, is carried out on the basis of the terminology already present in the legislation. The juridical definition of sobriety and more precisely, what constitutes sober behaviour, must make it possible to provide support for the integration of the environment into the enterprise. Or for the judge, to characterize the legal standard of sober behaviour. Instruments for characterizing sober behaviour are considered through a review of the elements of the commercial company contract (associate, contribution, profit, social purpose and social interest). These developments are raised in a dynamic of change of the the commercial company and should highlight the need to define the enterprise : both on its social function and to reach to satisfy common interests
Tison, Juliette. "Utilisation de la modélisation neuronale et des caractéristiques des communautés diatomiques pour la bio-évaluation de l'état écologique des cours d'eau et l'accompagnement de leur restauration." Bordeaux 1, 2006. http://www.theses.fr/2006BOR13145.
Full textLarsen, Peter Bille. "La gouvernance des fronts pionniers : droits, conservation environnementale et extraction des ressources parmi les Yánesha dans l'Amazonie Péruvienne." Paris, EHESS, 2012. http://www.theses.fr/2012EHES0494.
Full textThe thesis offers an ethnography of indigenous rights and environmental governance based on fieldwork among the Yánesha in Oxapampa province on the central jungle area of the Peruvian Amazon. It also a theoretical proposal structured around the concepts of linearity, non-linearity and post-linearity. The main protagonists are state officials, NGOs and Yánesha leaders alongside timber barons and oil prospectors. The thesis portrays governance dynamics in the fields of conservation, forestry and oil explorations through the experience of the Yánesha. Part I describes the field, initial, theoretical and methodological considerations. Part II introduces the concept of linearity and offers a history of the emergence of environmental conservation and indigeneity in the Peruvian Amazon. Part III is organized around the concept of non-linearity. Part IV concludes with a proposal for a post-linear anthropology of governance. The thesis empirically adresses three contemporary resource contexts to explore the environmental governance and indigenous rights in practice. The first is the Reserva Comunal Yánesha, a protected area aimed at supporting Yánesha, yet simultaneously involving new forms of dominance. Secondly, two generations of community forestry initiatives in the Palcazú valley are portrayed. Thirdly, the recent advent of oil exploration is described. The thesis is theoretically situated at the intersection between environmental anthropology and political ecology. It proposes a departure from the self-evident prescriptions of environmental protection and rights-based approaches. The final chapter outlines the main features of a postlinear anthropology of governance
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.