Dissertations / Theses on the topic 'Environnement – Droit – Méditerranée (mer)'
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Lelong, Emma. "L'effectivité de la protection de la mer Méditerranée par le statut juridique de l'écosystème marin." Electronic Thesis or Diss., Brest, 2024. http://www.theses.fr/2024BRES0049.
Full textThe Mediterranean Sea, as one of the most polluted seas in the world, is governed by legal protection measures established by international law, European Union law, States’ national legislation, or regional seas protection system. However, the effectiveness of those measures is to be discussed: unsatisfying compliance, unsatisfying enforcement, inadequate jurisdictional and extra-jurisdictional mechanisms, lack of funding, of social acceptability, or inadaptation to Mediterranean biodiversity endemism are failure factors. Facing this issue, this research aims to question the contributions and limitations to effectiveness of a protection approach by the legal status of Mediterranean marine ecosystems. It therefore deepens the legal categories of subject of law, legal personality, thing, object, and heritage as a possible way of enhancing the level of protection and in the light of the commons’ theory. To do so, the research explores the feasibility of a common governance of the Mediterranean Sea based on a relationship that would link the sea to the actors surrounding it using a comparative approach with the other existing initiatives of legal status granted to nature worldwide. It questions then the advantages and inconveniences of this approach with the identified legal status typologies regarding the existing level of protection
Lo, Prete Mariantonia. "Port de commerce et environnement, une relation en évolution : ce que nous apprennent les recours contentieux dans les ports français et italiens en mer Méditerranée." Electronic Thesis or Diss., Paris Est, 2012. http://www.theses.fr/2012PEST1178.
Full textPorts are inevitably the site of litigation born out of environmental issues. Our research aims to understand how the environment is taken into account in port development. For that purpose, we analysed litigation where public and private players went to court over environmental issues. To do so, we created a method based on a geo-law grid that we used to read and analyse judgements on environmental issues linked to ports, and to grasp the variety of characteristics of these judgements on which we can base a quantitative and qualitative analysis. Our thesis is unique in using a legal approach to study port development. Using the prism of litigation provides valuable information to understand the relationships between private and public players involved in the development of ports as they face environmental issues. As a contribution to this purpose, we provide profiles of how the environment has been taken into account in port development. These port profiles can help us better understand new environmental disputes, and help us find better ways to take the environment into account in port development
Gambardella, Sophie. "La gestion et la conservation des ressources halieutiques en droit international : l'exemple de la Méditerranée." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1043.
Full textFisheries management and conservation in the Mediterranean relies primarily upon the responsibility of two regional fisheries management organizations: the General fisheries commission for the Mediterranean and the International commission for the conservation of Atlantic tunas. The legal regime is thus built in two distinct arenas and is also nourished by the influence of other conventional regimes. This institutional duplication could thus have resulted in conflicts of norms of management, conservation or even of interpretation. And yet, the observed institutional fragmentation does not appear as an obstacle to unity at the heart of the system. A unity of methods and means of implementation of fisheries management and conservation in the Mediterranean derives from the degree of interaction between the two commissions. The regime thus appears as a set, an indivisible whole. Nevertheless, the existence of such unity is not tantamount to effectiveness and efficiency of the system
Lo, Prete Mariantonia. "Port de commerce et environnement, une relation en évolution : ce que nous apprennent les recours contentieux dans les ports français et italiens en mer Méditerranée." Thesis, Paris Est, 2012. http://www.theses.fr/2012PEST1178.
Full textPorts are inevitably the site of litigation born out of environmental issues. Our research aims to understand how the environment is taken into account in port development. For that purpose, we analysed litigation where public and private players went to court over environmental issues. To do so, we created a method based on a geo-law grid that we used to read and analyse judgements on environmental issues linked to ports, and to grasp the variety of characteristics of these judgements on which we can base a quantitative and qualitative analysis. Our thesis is unique in using a legal approach to study port development. Using the prism of litigation provides valuable information to understand the relationships between private and public players involved in the development of ports as they face environmental issues. As a contribution to this purpose, we provide profiles of how the environment has been taken into account in port development. These port profiles can help us better understand new environmental disputes, and help us find better ways to take the environment into account in port development
Benredouane, Nadia. "La protection de l'environnement en Méditerranée : le droit à l'épreuve des pollutions issues du transport maritime d'hydrocarbures." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010296.
Full textNo English summary available
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
Bertoletti-Lubin, Marie-Eugénie. "Limites et frontières en mer Méditerranée." Paris 1, 2001. http://www.theses.fr/2001PA010324.
Full textCourp, Thierry. "Flux et bilans de matière dans un environnement de marge continentale : la marge nord-occidentale méditerranéenne." Perpignan, 1990. http://www.theses.fr/1990PERP0096.
Full textKhodjet, El Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et pratique des états." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32032.
Full textAs a semi-enclosed sea, the Mediterranean sea is particularly vulnerable to pollution. Maritime transport make an handsome contribution to it. It causes accidental discharges and operational ships gener ated wastes due to the numerous tankers and chimical bulks that cross the Mediterranean sea daily. Despite the important preventive policy framework erected in the 1970' in order to protect the Mediterranean sea, maritime pollution is still poorly controlled in this area. This inefficacy of preventive policy framework is largely due to flag states failing to control ship conformity that is too weakly counterbalanced by port states controls. Mediterranean harbors under-equipment of reception facilities for ship residues is likely to contribute to the failure of the elimination of operational pollution. .
Mabile, Sébastien. "Les aires marines protégées en Méditerranée : outils d'un développement durable." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32014.
Full textThe Mediterranean is a semi enclosed sea with exceptional natural heritage. Because of the diversity and importance of the human activities, it is subjected to threats which require a preventive protection of most sensitive areas. Among the measures to be taken for the protection of the oceans, the creation of networks of marine protected areas is largely recognized as essential. However, because of the legal and institutional disorder which characterizes the marine environment, of the relative indifference of the States and an important delay in terms of acquisition of knowledge, the number of marine protected areas remains largely insufficient to ensure the conservation of the whole representative elements of the Mediterranean marine biodiversity. When they are based on an adapted legal framework and when they profit from a positive management, marine protected areas can however generate multiple benefit, in particular for tourism and fishing. They also offer grounds of experimentation of the new shapes of territorial management, based on a participative step, in an objective of good governance. Protected marine areas could thus appear as an essential tool for the promotion of a sustainable development, particularly adapted to specificities of the Mediterranean basin
Eid, Cynthia Yaouté. "Le droit et les politiques de l'environnement dans les pays du bassin méditerranéen : approche de droit environnemental comparé." Paris 5, 2007. https://tel.archives-ouvertes.fr/tel-00422285v2.
Full textBec, Emmanuel. "Croyances et information dans l'évaluation d'une ressource naturelle : une analyse amenée par l'évaluation de l'incidence économique de l'expansion de l'algue caulerpa taxifolia en Méditerranée." Aix-Marseille 2, 2004. http://www.theses.fr/2004AIX24016.
Full textThis thesis subject have been brought up by an empirical study that consists in estimating economic impact of Caulerpa taxifolia alga expansion phenomenon in the Mediterranean sea. Market values and non-market (use and non-use) values are considered. Non-market values are estimated with contingent valuation method in order to analyse uncertainty and agents' a priori beliefs which effect has been shown. The thesis analyses the information and beliefs impact on individual valuation of natural ressources, assuming that people value goods from what they know about them - their beliefs. People have imperfect knowledge about natural ressources which are complex subjects. Then, beliefs are uncertain and any information can induce their revision and therefore a different valuation. We consider two cases in which information can have such an effect. First case is when information is received before valuation and then we design a model to analyse information and a priori beliefs effect on willingness to pay formulation. Second case is when an agent anticipates forthcoming information at the beginning of a sequence of decisions. Two reasons can lead a bayesian decision-maker to consider fothcoming information : if information to be received depends on his initial decision or if possibility of using forthcoming information depends on his initial decision. In the first situation, we show that value of information can contribute to willingness to pay formulation whereas the second situation allows to discuss the irreversibility effect defined by Henry (1974). This theoretical subject leads us to design methodological development about how to consider information and beliefs impact on individual valuation of natural ressources
Zarrella, André-Dominique. "La politique internationale des pêcheries en Méditerranée : exploitation, gestion et conservation des ressources naturelles de la mer." Montpellier 1, 1991. http://www.theses.fr/1991MON10008.
Full textMediterranean sea is actually suffering from an overfishing of its resources because of a lack of an international control policy of its fisheries. There is urgency and at the same time difficulties to cure this delicate situation, so many are the conflicts between traditional fisheries and states in Mediterranean sea. It seems impossible to adapt the oceanic fisheries control policy to the Mediterranean sea. The only solution is to create a project of partition of its natural resources from the new international law of the sea and concept of enclosed sea
Roche, Catherine. "Le régionalisme et le droit de la mer." Nice, 1993. http://www.theses.fr/1993NICE0023.
Full textDue to the evolution of the law of the sea, regionalism has become increasingly important in this field, particularly as regards the management of fisheries and environmental protection of the sea. Regionalism in the law of the sea also contributes to general regional cohesion and integration
Hilberer-Rouzic, Pascale. "La protection des mers européennes fermées ou semi-fermées contre la pollution marine d'origine tellurique : mer du Nord, mer Baltique, mer Méditerranée." Paris 1, 1996. http://www.theses.fr/1996PA010293.
Full textLand-based marine pollution is the most important and surely the most complex source of marine pollution. Its effects are particularly dangerous within the scope of closed or semi-closed seas. Parallel to a whole non restricting rules which set the guidelines of marine protection and the fight against land-based pollution, a few conventions determine the legal regulations and the means to abate land-based pollution. The consideration of the main international clauses displays the weaks of the worldwide reglementation applicable to land-based pollution. Necessary complement of universal law, regional law implement the general guidelines elaborated at the universal level into a geographicaly limited scope. Regional conventions supply mesures suited to the problems and the specificities of each sea. The formal and the substance similarities and differences which caracterize the methodes of prevention, reduction and abatement of land-based pollution are brought in fore through a comparative analyse of the different regional or subregional conventional systems specifs to each european closed or semi-closed sea. In order to complet the study, the existing interactions between european community law and regional law are emphasized through the analyse of rules related to water and air protection against pollution, which contribute to the prevention of european seas land-based pollution
Assemboni, Alida Nabobuè Prieur Michel Ahadzi-Nonou Koffi. "Le droit de l'environnement marin et côtier en Afrique occidentale cas de cinq pays francophones /." Limoges : S.c.d. de l'Université, 2006. http://www.unilim.fr/theses/2006/droit/2006limo0513/notice.htm.
Full textThèse soutenue en co-tutelle. Bibliogr. p.434-461.
Delfino, Max. "Le tourisme en Méditerranée : situations et perspectives." Aix-Marseille 3, 1994. http://www.theses.fr/1994AIX32045.
Full textThe purpose of this thesis is on the one hand to provide something to lean on so that the whole incidence of tourist activity upon the mediterranean space may be better estimated, and on the other hand to draw attention to the new part which can be played by the tourist industry as regards a policy preserving the physical environment and the blooming of man with a joint and soustainable development in mind. The fisrt part points out what the present situation of the general environment in the mediterranean area is. This general environment which is considered from three points of view i. E. Physical, demographic, socioeconomic draw attention to the differences between the northern side and the southern side of the area. The second part specifies the factors of the demand and measures the tourist activity in mediterranean countries. The third part makes an inventory of the incidences of tourism upon the economy, the physical and sociocultural environments of the accomodating countries in the mediterranean. The fourth part together with a prospective study suggests two necessary methods to a better approach to tourism and its various effects as well as a new idea of tourism
Poor, Hashemi Seyed-Abbas. "Les aspects juridiques de la protection de l'environnement de la Mer caspienne." Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30010.
Full textLooking at the uncertainty of the legal status of the Caspian Sea caused by the fall of the Soviet Union and development of the Sea's oil and natural gas reserves, the question is to know, which International Environmental Law is in the process of construction. Two approaches of the regional and international protection of the environment are possible. If geopolitical complexity and the economic insufficiencies of the area into question the regionalization, one can note the development of a functional and institutional internationalization of the environmental protection of the Caspian Sea. From these ideas, can one consider an internationalization of the environmental protection as it is the case in the international protection of the human's right? It is not too early to talk about the existence of the rules Jus cogens in International Environmental Law? Can one hope for the creation of an international organization aiming at the total protection of planet?
Chambon, Danielle. "Les aires marines protégées en droit international et en droit comparé." Nice, 1994. http://www.theses.fr/1994NICE0014.
Full textLorenzi, Jean-Yves. "Le régime juridique de la recherche scientifique marine et ses applications en mer Méditerranée." Nice, 1986. http://www.theses.fr/1986NICE0001.
Full textLagdami, Khanssa. "Les enjeux de la sécurité et de la sûreté maritimes en mer Méditerranée." Nantes, 2012. http://www.theses.fr/2012NANT4016.
Full textThe Mediterranean sea, semi-enclosed sea representing 1 % of the globe, is a compulsory sea road between Europe and Asia. It concentrates 25 % of world seaborne trade, including a third of oil supplies and a fifth container traffic passing through it annually. Every day a thousand ships transit at sea or stop at ports in full swing. Maritime activity is intense and inherent to this crossroads in a permanent movement. All the more so as that this sea is affected by a strong sinistrality (maritime accidents, oil dumping). Moreover, other dangers are strongly present, especially illegal immigration, drugs traffic, and the threat of terrorism. This fragility is amplified by a lack of uniformity in the application of the international regulations and by the particular status of the Mediterranean towards of the Law of the sea. Indeed, the delimitation of the EEZ in the Mediterranean is difficult. This situation favors the creation of lawless areas, and is the cause of several disputes in this sea. Through this thesis, we propose in a first step, a global view of the vulnerability of the Mediterranean and the various international and regional rules applying this and in a second step analyzes the actions to be taken by States (especially those in the south) to achieve efficiency in the application of international standards of maritime safety and security
Alleman, Laurent. "Apport des isotopes stables du plomb au suivi des traces métalliques en Méditerranée et en Atlantique du Nord." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX30026.
Full textRoany, Céline de. "La Mer du Nord : laboratoire du droit de l'environnement marin." Nantes, 2003. http://www.theses.fr/2003NANT4016.
Full textSemi-enclosed sea border by industrialised and densely populated States, the North Sea is the cradle of an original international cooperation, based on legal testing of norm's form and content. Since the end of the 1960s, the North Sea States have draw up some particularly daring legal materials. Those materials are meant to organise the cooperation, order to protect them as possible against the marine pollutions. This cooperation, which was originally intended to fight against pollution, has progressively evolved until aiming at managing the whole ecosystem. Laboratory of marine environmental. Law, the North Sea has seen the emergence and the implementation of numerous concepts like the precautionary principle or the port State control of ships. Those concepts have spread out the entire world. In addition, the North Sea is the cradle of an intensive use of international non-treaty-like norms. The cooperation for the protection of the North Sea is nowadays engaged in a new process that is intended to adopt an ecosystem approach of the environmental management. The former thirty years have permitted the North Sea States not only to merge the necessary conditions to such an operation, but also to test the different forms of cooperation required. Laboratory of the marine environmental law since more than thirty years, the North Sea begins a conceptual revolution that will need another years of testing
Richon, Camille. "Modélisation de l'impact du dépôt d'aérosols sur les cycles biogéochimiques de la mer Méditerranée." Electronic Thesis or Diss., Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLV105.
Full textObservations and experiments showed that aerosol deposition can increase the amount of bioavailable nutrients and favor biological production of the Mediterranean Sea. In this context, the present study yields for the first time a quantification of the effects of aerosol deposition from various sources thanks to the coupled physical-biogeochemical model NEMOMED12/PISCES. This study consists in modeling and analyzing the effects on the Mediterranean biogeochemistry of atmospheric deposition of nitrogen and phosphate from various natural and anthropogenic sources. For this purpose, regional and global atmospheric models representing aerosol deposition were evaluated and selected. The NEMOMED12/PISCES model was modified to take into account these new nutrient sources. The analysis of the simulations showed that atmospheric deposition accounts for approximately 10 % of total external nitrate supply and 5 to 30 % of phosphate supply on average over the entire basin. Aerosol deposition can also increase biological production up to 50 % thanks to the lowering of nutrient limitations. The maximal fertilizing effects are observed during the stratied period which, in the Mediterranean region, is summer. The effects of climate change may be particularly important in sensitive regions such as the Mediterranean. Therefore, the evolutions of basin scale biogeochemistry were evaluated under a climate change scenario. The NEMOMED8/PISCES model was used with physical and biogeochemical forcings for the IPCC A2 climate change scenario. This study shows a reduction in basin scale surface productivity by approximately 10 % triggered by warming and stratification. Nutrient limitations are modified and the Mediterranean Sea sensibility to atmospheric deposition changes. The results of this thesis underline the importance of atmosphere as a nutrient source, in particular for nitrogen and phosphate. Deposition effects vary according to the season and the location. They are more important during the stratied period, when surface water is nutrient limited. Also, any change in biological productivity is quickly transfered along the biological chain. To refine the results, the atmospheric models could be improved and more knowledge on deposition fluxes and physical and chemical transformations of aerosols before and after deposition would be necessary. Moreover, more precise scenarios concerning climate change effects would be necessary in order to study the future evolutions of biogeochemical conditions in the Mediterranean. Finally, the recent developments on the PISCES model make new studies possible in a non redfieldian context. Preliminary results indicate that the productivity of the different phytoplanktonic groups varies with intracellular C/N/P ratios
Ianni, Elisabeth. "L'adaptation du droit de l'eau des états de la Méditerranée occidentale au concept de développement durable." Nice, 2004. http://www.theses.fr/2004NICE0052.
Full textFreshwater has very specific features (non substitutable, exhaustible, continuously moving) which in turn lead to sharp management difficulties both quantitative and qualitative. These are especially sensitive in the Mediterranean area where hydraulic stocks are threatened by random climatic events, poverty, increasing urbanisation and high densities. Because of these elements, there is a growing need to establish a legal position for water in a sustainable development perspective. In this framework, this study raises first some of the legal lacks by evaluating the relevance of the existing legal implements available for both the owners and the managers of the resource. Second, this work proposes new implements adapted to the characteristics of this resource. Such implements imply several actions on the organisation of public water management at the level of internal, European, international laws. These measures impacts also on public/private relationships which partnerships may play a key role on a sustainable regulation of the water resource
Ansaud, Nathalie. "La prise en compte de la protection de l'environnement par le droit portuaire." Nice, 2006. http://www.theses.fr/2006NICE0039.
Full textIn a context of globalization of exchanges, seaports constitute an essential place of transition for the consummate goods and a centre of nautical leisure activities as reguards pleasure ports. Their activities, in a constant evolution, required considerable efforts of adaptation. The development of environmental laws, considering national, european and international ones, brought new challenges in search of the economic efficiency of seaports, requiring to define new policies of respectful managements of wildelife which surrounds them. Stakes then, will be to ensure their economic development while protecting of the public oder through the environmental protection, without provoking however a distortion of the economic competition. The present study will prove that seaports have a strong interest to enhance the notions of integrated management and will show the existing tools which ports are able to use and will propose new tracks, to aim at considering environmental protection within the framework of the harbour activities
Keita, Capitolin Yasmina. "Les Temps de la protection juridique de l'environnement d'une mer régionale : modèle d'éco-protection de l'aire Caraïbe." Antilles-Guyane, 2006. http://www.theses.fr/2006AGUY0165.
Full textThe legal protection of marine environment developed through universal means before being resolved by a regional approach. The regional area of the Caribbean, made up of the marine milieu of the Gulf of Mexico, the Caribbean Sea and the adjacent zones of the Atlantic Ocean,validates this evolution, to the measure of the legal instruments which mark it. Of course, this evolution has not been spared by constraints, and the rhythm of priorities is definitely supported in the search for a protection, the only and necessary source of which remains the legal norm. It nevertheless remains that these peak moments mainly dedicated to the determination of the issue deserve a support adequate to the issue at stake. As a matter of fact, the protection brought forward by the international community must simultaneously be coordinated by structural executive means and necessary accompanying process. Within the scope of the determination of the issue,efforts are deployed in order to achieve the protection without loosing sight of the aim to be achieved. For the neighbouring States, as well as the international communiy, the objective of protection requires coherence and coordination in the long term. This dual movement together makes up a regional eco-protection model
Foury, Nazim Fouad. "L'effectivité des instruments de protection et d'aménagement du littoral méditerranéen : cas de l'Algérie." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0220.
Full textThe Algerian coastline is characterized by rich natural resources which offer important economic potential. Nonetheless, this part of the country finds itself victim of its own success and have to face a multitude of problems, especially the over-exploitation of its resources which have been amplified by a massive urbanization that is accelerated more and more, but also by pollution and a deterioration of the coastal areas. Moreover, and to best answer the numerous incoherencies that result from these multiple problems that hit the Algerian coastline, the state has to take necessary measures to find a right balance between the use of this space and its preservation. The thorough analysis of the institutional and legal framework put in place by the Algerian public authorities, proves the existence of a real inadequacy in terms of coastal governance, as well as incomplete judicial texts with regards to coastal preservation and development. The primary challenge of the government is to redress these shortcomings, by putting in place an integrated and global management policy of the coast that will allow a balanced and sustained development of this space
Claudet, Joachim. "Aires marines protégées et récifs artificiels : méthodes d'évaluation, protocoles expérimentaux et indicateurs." Perpignan, 2006. http://www.theses.fr/2006PERP0736.
Full textMarine Protected Areas’ (MPAs) and Artificial Reef’s (ARs) management requires complex assessment and monitoring programmes, dealing with different sources of variability. We studied and developed experimental designs and analysis methods suited for the establishment of a monitoring of MPAs and ARs. This methodology is developed from existing data sets in the Northwestern Mediterranean. We build multi-criteria indicators allowing a statistically testable diagnosis of the impact of MPAs and ARs on reef fish assemblages. Using ecological performance indicators permits to monitor and to give an image of the assessed system to managers. It was possible to show the global response of the fish assemblages to the protection by a MPA. This response was evidenced by increases in abundance, species richness or diversity, gradually through space, time and among various taxonomic groups or fish individual sizes. Large fishes reacted faster to protection and shallow habitats were more sensitive to the existence of a MPA. Our results can be useful for the implementation of new MPAs or for the immersions of ARs and for the development of their management plans. Key-words : Marines Protected Areas, Artificial Reefs, Impact Assessment, Temperate Fish, Indicators, Multivariate, Habitat, Monitoring, Statistical Power, Northwestern Mediterranean, Management
Ebert, Chloé. "Le régime juridique des immersions en milieu marin." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32073.
Full textPollution resulting from dumping operations is ruled by various international texts of which contents has been transposed for most of it in our internal law. The subject of the present study is to set out the legal system of dumping as it results from all these texts. In this perspective, it has been necessary to define first the operation of dumping by determining the action from which it results on the one hand, the substance which is the object of it on the other hand. So it has resulted from this, that the operation of dumping supposes a voluntary action, of which the aimed finality is to eliminate a substance, which will be susceptible to have a harmful effect on the marine environment in which is dumped. The legal nature of the operation being ascertained thus, the study of its conditions showed an important evolution of its legal system. At the beginning the operation could be authorized from the moment the substance which was to be dumped was not expressly mentioned by the texts. However as the evolution of the environmental law went on and notably as certain principles raised to the status of fundamental principles appeared, the tendency has been reversed. The operation will be forbidden, unless it relates to certain substances exhaustively listed by the texts, and within certain precise conditions which will have to be abided by
Larabi, Djamila. "L'harmonisation du droit des transports maritimes en Méditerranée : contribution de la coopération institutionnelle à la "lex mediterranea"." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCB003.
Full textThe purpose to seek a possible harmonisation of the maritime transportation/transport law is based on a purely economic interest. The idea is to enable the establishment a Mediterranean trade. Indeed, it doesn't mean to establish a common legislation/law between 43 countries of the Mediterranean Union, in order to bring their legal system closer. Though, the real purpose is that the implementation of the harmonisation of the maritime transportation law, will enable to anticipate/foresee the obstacles barriers, the disparities, the gaps to implement a common market. What might be those obstacles/barriers? They are the customs duties (or tariffs). So can we admit or predict the unification of the (sea) shipping, having an impact on the euro-Mediterranean trade? It really seems that we can harmonise it. In effect, the shipping is akin to a tool (to enhance) for the free movement of goods/ traffic of products in a common set of goals. In fact, the shipping is a tool to enhance for the free movement of goods. By the way, isn't it already a harmonised field/area between these countries? Be aware, it is undeniable that before the establishment of the Union for the Mediterranean, there were also many conventions (agreements) and organisations promoting a possible harmonisation in this area
Desmonts, Jean-René. "État côtier et développement durable : entre exploitation et protection environnementale : Les conflits d'usage en mer." Caen, 2015. http://www.theses.fr/2015CAEN0002.
Full textOver the last few years the sea has known a multiplication of its modes of exploitation. From now on, marine areas must be shared between the traditional users (fishing, marine cultures, sea traffic) and the new users of the sea (industrial activities, leisure), to whom is added an environmental use. Conflicts which arise from this competition in the use of these fragile environments require an intervention which needs to be increased and renewed by public authorities. Arbitration between these activities involves research by the authorities of a balance between the exploitation and the environmental protection of the sea. Despite recent reforms, the study of different administrations in charge of the sea has pointed out that the dispersed skills lead to the inefficient management of conflicts of use. Solutions are possible to optimize the organization and coordination in the State's policies on maritime affairs. These conflicts are then considered in connection with the regulation of the different activities. Preventing these conflicts of use requires that planned marine activities may be integrated into a management approach of the sea and the coast and improved by more effective tools and better coordination. However, after consultation, the development of European and national integrated maritime policies, applied at relevant scales, provide a better overall shared management of the sea. Finally, the resolution of these conflicts implies that civil society and the courts are more involved in the process and have to specialize
Richon, Camille. "Modélisation de l'impact du dépôt d'aérosols sur les cycles biogéochimiques de la mer Méditerranée." Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLV105/document.
Full textObservations and experiments showed that aerosol deposition can increase the amount of bioavailable nutrients and favor biological production of the Mediterranean Sea. In this context, the present study yields for the first time a quantification of the effects of aerosol deposition from various sources thanks to the coupled physical-biogeochemical model NEMOMED12/PISCES. This study consists in modeling and analyzing the effects on the Mediterranean biogeochemistry of atmospheric deposition of nitrogen and phosphate from various natural and anthropogenic sources. For this purpose, regional and global atmospheric models representing aerosol deposition were evaluated and selected. The NEMOMED12/PISCES model was modified to take into account these new nutrient sources. The analysis of the simulations showed that atmospheric deposition accounts for approximately 10 % of total external nitrate supply and 5 to 30 % of phosphate supply on average over the entire basin. Aerosol deposition can also increase biological production up to 50 % thanks to the lowering of nutrient limitations. The maximal fertilizing effects are observed during the stratied period which, in the Mediterranean region, is summer. The effects of climate change may be particularly important in sensitive regions such as the Mediterranean. Therefore, the evolutions of basin scale biogeochemistry were evaluated under a climate change scenario. The NEMOMED8/PISCES model was used with physical and biogeochemical forcings for the IPCC A2 climate change scenario. This study shows a reduction in basin scale surface productivity by approximately 10 % triggered by warming and stratification. Nutrient limitations are modified and the Mediterranean Sea sensibility to atmospheric deposition changes. The results of this thesis underline the importance of atmosphere as a nutrient source, in particular for nitrogen and phosphate. Deposition effects vary according to the season and the location. They are more important during the stratied period, when surface water is nutrient limited. Also, any change in biological productivity is quickly transfered along the biological chain. To refine the results, the atmospheric models could be improved and more knowledge on deposition fluxes and physical and chemical transformations of aerosols before and after deposition would be necessary. Moreover, more precise scenarios concerning climate change effects would be necessary in order to study the future evolutions of biogeochemical conditions in the Mediterranean. Finally, the recent developments on the PISCES model make new studies possible in a non redfieldian context. Preliminary results indicate that the productivity of the different phytoplanktonic groups varies with intracellular C/N/P ratios
Özden, Aynur Gaye. "La @protection de la biodiversité en Mer Noire." Nice, 2003. http://www.theses.fr/2003NICE0022.
Full textThe Black Sea is a semi-enclosed sea surrounded by six countries : Bulgaria, Russian Federation, Georgia, Romania, Turkey and the Ukraine. The Black Sea is connected to the Mediterranean via the Turkish Straits : the Bosphorus, Dardanelles and the Marmara Sea. The Marmara Sea is the inland sea of Turkey and for this reason the international conventions relating to the protection of the biodiversity can not be put into practice to this inland sea. Likewise this fact causes many problems for the protection of the biological diversity of the Black Sea. The navigation in the Black Sea is important because of the transportation of oil from the Caspian Sea via the Marmara Sea to international markets. The Black Sea countries are conscious of the problems and they have recently elaborated two regional conventions : The Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea Against Pollution and The Draft Convention for Fisheries and Conservation of Living Resources of the Black Sea
Bonis, Anne. "L'implantation des installations énergétiques à l'épreuve du droit : l'exemple des énergies marines renouvelables en mer." Versailles-St Quentin en Yvelines, 2013. http://www.theses.fr/2013VERS003S.
Full textThe first renewable marine energy projects were first presented during the so called Eole program in 1996, and then during a call for bids on offshore wind-power in 2004. Despite these initiatives and a second call for bids in 2011, only a few prototypes are being tested at the beginning of 2013. This study aims to determine if the French legislation is adapted to this emerging new activity of renewable marine energy installation implementation. The results of three-year research show that several advances have contributed to defining a legal framework favorable to the implementation of renewable marine energy production installation; yet, their legal regime has not been finalized. Nevertheless, a comparison with maritime and coastal legislations reveals solutions are worth considering and possible. As a result, an intervention from legislative or parliamentary authorities seems necessary to simplify the implementation of projects and to limit the risks of legal disputes
Assemboni, Alida Nabobuè. "Le droit de l'environnement marin et côtier en Afrique occidentale : cas de cinq pays francophones." Limoges, 2006. http://aurore.unilim.fr/theses/nxfile/default/5119a38e-4234-4cac-86d5-db7274f70c53/blobholder:0/2006LIMO0513.pdf.
Full textWest Africa is a sub-region which marine and coastal environment contains important natural wealth. This natural environment suffer from different kinds of degradation such as resources overexploitation, marine and coastal pollution, coastal erosion. In order to resolve the problems created by the deterioration of the marine and coastal environment, Western and Central African countries, with specially five target countries concerned by this topic (Benin, Ivory Coast, Guinea, Senegal and Togo), adopted in Abidjan on March 23rd 1981, the Abidjan Convention for Protection and Development of the Marine and Coastal Environment of the West and Central African Region and the Protocol Concerning Cooperation in Combating Pollution in Cases of Emergency in West and Central African Region. These texts entered in force on August 5th 1984. Although the development of the legal protection and management of the marine and coastal environment within the regional and the national context, there are many problems. The main problems are due to the complexity of the implementation of the legal measures. These countries face a real problem related to the effectiveness of marine environmental law. The reform of the actual legal system in force in the region and the countries, concerning the effective protection and management of the marine and coastal environment is one of the possible solutions to the problems
Stahl, 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
Kandil, Said Elsayed. "L'assurance-responsabilité contre les risques de pollution." Paris 1, 2000. http://www.theses.fr/2000PA010343.
Full textFuthazar, Guillaume. "Les modalités d'influence de l'IPBES sur l'évolution du droit international de l'environnement en Méditerranée." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0081/document.
Full textAfter decades of growth, it is now crucial to ensure that International environmental law is efficient. This implies, among other things, to guarantee the flexibility and reactiveness of existing instruments. This thesis aims to develop an analysis of the different mechanisms and phenomenon that allow International environmental regimes to adapt to scientific, political and legal evolution. It does so by focusing on a specific case study: the influence of the Intergovernmental science-policy Platform on Biodiversity and Ecosystem Services (IPBES) in the Mediterranean. The IPBES was recently established in order to cope with the inefficiency of current measures for the conservation and sustainable use of biodiversity. By assuming the success of this platform, this thesis will explore the different legal means of influence the IPBES has in the region. In doing so, we will see that the institutionalized expertise of Mediterranean regimes allows for a direct influence of the platform, while norm diffusion in the region allows for an indirect influence. The Mediterranean holds within itself all of the stakes of International environmental law. By focusing on the region, this study hopes to shine light on aspects of International environmental law that are seldom studied
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
NOWACZYK, Antoine. "Communautés métazooplanctoniques de la zone épipélagique de deux environnements contrastés, le plateau des Kerguelen et la mer Méditerranée : caractérisation, distribution spatiale et rôle dans l'écosystème." Phd thesis, Aix-Marseille Université, 2011. http://tel.archives-ouvertes.fr/tel-00745294.
Full textLoyer, Estelle. "Les autoroutes de la mer en Méditerrannee : une stratégie juridique pour un transport durable et une régulation compétitive du transport maritime." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0041/document.
Full textThe current transport policy fulfills the need for a logistical, competitive and sustainable solution to the growth of international trade through the implementation of the Motorways of the sea concept. The Motorways of the sea aim to shift road freight to maritime traffic, and are characterized by their regularity, their frequency and integration into logistics chain. However, the modal shift goal linked to the Motorways of the sea is not the same within the third-Mediterranean States. In this region, the Motorways of the sea are determined by the development of port infrastructures which will allow to draw in the flow of freight from certain saturated northern european ports.The innovation rests in the adoption of a systemic approach. The economical reason driving the euro-mediterranean transport policies as well as the diagnosis of the mediterranean transport system, demonstrate the challenge faced by the mediterranean Motorways of the sea is considerable. Considering the competitive context surrounding the transport sector together with the difficulty to integrate the motorways of the sea within the transports chain, we intend to question the viability of this concept. In view of the situation slightly unfavorable, we have researched, in this study, what are the legal means perpetuating this concept in order to allow its integration to the competitive network of transports. On one hand, we have focused on the implementation of a legal system for a binding to international treaties.On the other hand, the study evidence that the economical viability of this concept is related to the existence of financial incentives which application, sometimes, requires financial engineering to obtain the funds potentially available. Finally, the motorways of the sea could benefit from a legal environmental information, like goods and services, informing loaders, and other professional on the advantages of this concept
Souza, Pascal de. "L'indemnisation des préjudices économiques liés à la pollution maritime par les hydrocarbures." Nice, 2004. http://www.theses.fr/2004NICE0055.
Full textThe law's development of the civil liability and the compensation for economics losses for oil pollution damage of the sea those suffered by victims, is marked by the great maritime incidents as : Amoco-Cadiz, Erika and Prestige. So, to fill the gap in international law and because there are a lot of national laws to cover it, 1969 is the beginning of the international law's system. So, the international convention on civil liability for oil pollution damage of 1969 which laid the shipowner's liability as a princip. In 1971, the international convention C. 71 has established an international Fund for compensation for oil pollution damage. It's an international two-degree compensation system. This system is completed by a private system : TOVALOP and CRISTAL agreements which are ruled out nowadays. The C. L. C 1969 and the C. 71 were revised by protocols in 1992 to improve them. But the international system has always keeped those weaknesses and those inefficiencies for intrinsic : - the limitation of compensation for loss ; the limitation of the range of the subjects ; the exception of environmental damage compensation; the limitation of the civil liability of the shipowner – than extrinsic reasons: the adoption of OPA 90 by USA. Those inefficiencies must be compensated by a new international system which must establish a fragmented liability. So, the liability for all the involved actors of oil transport should be set up. This new system could accentuate limitation of compensation for loss ; must attach the slightest value to environmental damage approving pure economics losses as recoverable and by application of the principle of the " polluter – pays "
Hoyami, Christel. "L'application des principes du droit international de l'environnement par les juridictions internationales à vocation universelle." Nice, 2006. http://www.theses.fr/2006NICE0046.
Full textThe international judicial protection of the environment is a field that calls for the wisdom of the international judge. While this field has brought forward substantial judicial development, it also displays a certain weakness, doubts and controversies. The judge is able to bring valuable clarity to it, particularly by applying the principles of the international law of the environment. The principles, defined by a high degree of generality have an important position within this law ; they centre on the core of discipline, constitute the irreductible basis which moves and guides the international efforts in favour of the environment. It was natural that they should permeate the environmental legal disputes that would enter the international scene and face the international jurisdictions with a universal calling. From the environmental cases submitted to these jurisdictions, it emerges that the international judge's contribution towards the protection of the environment is first of all dependent on the freedom he enjoys in his application of the principles ; within the legal framework and through his own choices, this freedom becomes relative. His contributions are also constrained when applying environmental principles. Constraining factors, linked to the countries and to the different branches of international law will exert a definite pressure on the judicial protection of the environment
Roux, Vincent. "Droit de l'environnement et développement durable dans une collectivité territoriale française d'Outre-Mer : le cas de Mayotte." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1105/document.
Full textIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory? The evolution of the legal status of Mayotte towards the status of department has numerous legal consequences. The passage of the principle of legislative speciality in that of legislative identity obliges Mayotte to adapt its right(law) sometimes in a very important way. Numerous pieces of the right(law) are concerned. Among them the right(law) of the environment holds a place(square) part because it is one of the components fundamental of the sustainable development of the territory. From this point of view, the departmIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory? The evolution of the legal status of Mayotte towards the status of department has numerous legal consequences. The passage of the principle of legislative speciality in that of legislative identity obliges Mayotte to adapt its right(law) sometimes in a very important way. Numerous pieces of the right(law) are concerned. Among them the right(law) of the environment holds a place(square) part because it is one of the components fundamental of the sustainable development of the territory. From this point of view, the departmIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory?
Querel, Morgane. "Les enjeux de la transition écologique dans le transport maritime." Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3009.
Full textShipping has a vital role in the functioning of modern societies, having both economic and social functions that extend far beyond the ships themselves. Various terrestrial sectors, essential for ship construction, ship operation, and ship breaking, are involved in this activity. These factors collectively underscore the global significance of shipping. As awareness grows regarding the environmental impact of human activities, shipping has come under scrutiny for the marine and atmospheric pollution it generates. Consequently, there is a need to work on the transition of this industry. However, such a transition implies various challenges, including technical and economic barriers, alongside the imperative to maintain the integrity of the global maritime transport market. These elements complicate efforts to mitigate ship-generated pollution. In this context, maritime law assumes a crucial role. Primarily formulated at the international level, maritime law aims to incentivize or mandate industry stakeholders to reduce their environmental footprint. The International Maritime Organization (IMO) predominantly produces this body of law, with a focus on vessel-related regulations. Maritime law construction must account for the diverse challenges associated with this multifaceted activity. Yet, the examination of existing regulations brings to light certain gaps that hinder the ecological transition of maritime transport. Conversely, some regulations have proven effective in addressing pollution issues. Through a comprehensive analysis of all these regulations, supplemented by regional or national cases, it becomes evident what elements are necessary to craft effective and efficient legislation, and identify pathways for enhancing international maritime law
Tsitsagi, Giorgi. "Le régime de navigation et la protection de l'environnement dans la mer Noire." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020070.
Full textThe geography of the Black Sea never was the most suitable to apply unconditionally the principle of free navigation. During centuries, it was, and still remains, under specific rules due to the particular strategic geopolitical importance of this region. So the navigation regime in this region is the adaptation of the principle of free navigation to it s specifics, which explains the almost permanent reviewing of the established regime. Among several international agreements, only the Convention of Montreux appeared to be most sustainable, but even in this case the geography of the region seems to weaken it nowadays. The Thesis reveals this frailty and shows that navigation on the Black Sea encounters the same problem. Consequently it shows the need to fill the juridical gap coming from the lack of rules of security and of environment protection in the Convention of Montreux, as in the regime of navigation of the Black Sea. The comparative study of the internal law of each of the waterfronts States and of the texts with regional focus points out as well the measures taken by the concerned States, but also the problem of adaptation of the regime of navigation in this region according to the current requirements of international law of the sea, especially concerning the security of navigation and the protection of marine environment
Couratier, Josyane. "Le système Antarticque." Paris 1, 1987. http://www.theses.fr/1987PA010291.
Full textThe geographic and climatic specificity of the antarctic continent has generated problems in international law regarding sovereignty, jurisdiction and management of activities and resources in the area. The purely nationa-listic answers of states to these problems have been replaced since 1959, when the Antarctic treaty was signed, by a kind of collective administration. With the passing of time and the emergence of new problems related environnemental protectio and the conservation and exploitation of living and mineral resources consultative mechanisme provided for by the treaty have generated important le-gal and institutional developments. These mechanisms which, together with their offsprings have develop their own dynamics, have been labelled "the Antarctic treaty system", by comparison and opposition with the un system and other regional legal systems. The present study covers the relations between the antartic traety sys-tem and general international law and the un system. Such an examination bears a particular interest at a time when the group 77 is questioning the regime establishes by the treaty in 1959. A last part of the study tries to analyse the reasons behind the success of the system
Branco, Hélène. "Les relations entre le droit de l'urbanisme et le droit de l'environnement sur le littoral méditerranéen." Electronic Thesis or Diss., Toulon, 2013. http://www.theses.fr/2013TOUL0074.
Full textFormerly a wild abandoned land, the Mediterranean coast is today a rarefied and saturated space. It is thus prey to various confrontations when laws with different aspirations intervene jointly on this cramped territory, such as planning law and environmental law. Indeed, on the Mediterranean coastal areas their purposes of general interest are distanced from each other because if the former works to develop and transform urban land, the latter is dedicated to preserving or restoring the coastal environment. Therefore, the apparent legal autonomy that usually characterizes relations between planning law and environmental law thus develops into hostility when they meet on this over-occupied space. However, the urgency to safeguard the coastal territory requires this opposition between the objectives of general interest of both of these legal disciplines to be overcome. It is essentially the administrative judge who will endeavor to resolve these conflicts of norms through the method of conciliation. These being of equal value, the judge cannot indeed have recourse to the theory of the hierarchy of norms. Thus, in accordance with the original objective pursued by the legislature of the Coastlines Act of 3 January 1986, the administrative judge tacitly operates a balance between development and preservation of the coastal environment. However, the interpretation of the law of January 3, 1986 is not sufficient to ensure a balanced development of coastal areas, especially due to their propensity to be coveted by many and various activities. Therefore, environmental concerns had to be incorporated directly into the urban corpus. However, despite laudable consideration of environmental issues in planning law, this legal policy of integration generates a profusion of rules and legal instruments applicable to the Mediterranean coast. As a result, apprehension of coastal law is now complex and its effectiveness relative to say the least
Frozel, Barros Natália. "Un océan d'incertitudes : problématisations et mise en forme légale des fonds marins par le travail diplomatique." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D069.
Full textThis thesis analyzes the creation, amendment and continuous mobilization of the Common Heritage of Mankind (CHM) regime through the lens of diplomatic multilateral negotiations in the United Nations (1960-2016). It’s striking that this idealistic principle keeps on emerging in international politics, while its evolution unveils the transformation from an idealistic public international law to a managerial one. This thesis studies diplomatic activity through the sociology of public action. It analyzes the law-transformation phenomenon as a transformation in the manner in which diplomats problematize seabed-related problems and manage uncertainties (technical, economic, political). Through four re-problematizations (security, moral-economic, marketoriented, environmental), diplomats are less oriented by political-diplomatic divisions and more by the role their countries play in the world market. At least three reasons account for this: strengthening of managerial tools in national and international public arenas; the need to “de-state” in the sense of depersonalizing the solutions diplomats bring to the table; and the decline of clear political alignments from the time of the Cold War. A transformation on how the law is written takes place : diplomats no longer decrease uncertainties by the means of a clear political game, capable of producing its own certainties. Henceforth, by producing flexible law, they contend with the uncertain