Rozprawy doktorskie na temat „Responsabilité civile – Environnement”
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Jean-Francois, Flore. "Responsabilité civile et dommage à l'environnement". Electronic Thesis or Diss., Antilles, 2018. http://www.theses.fr/2018ANTI0286.
Pełny tekst źródłaThe present environmental situation, and expert forecasting related to it, compel toquestion how tort law might be a useful vehicle of both redressing harms, offenses and risksof such to the environment, or better, anticipating them into avoiding them or limiting theirconsequences. The following thesis considers the shortcomings and adequacy of tort law’stools and mechanisms for addressing these environmental concerns. Indeed, it is particularlydifficult to even ascertain most environmental offenses and estimate their cost, particularlywith regard to irreversible harms. Thus, the reasoning demonstrates the emergency of a betteradaptation of both corresponding liability and responsibility, through their different elements,including the duality that characterizes them. Here, we then offer theoretical, technical orpractical considerations, which may be of use in navigating this route.In considering these issues, the food proceeding industry serves as a particularly usefulmodel sector for the demonstration, as it has grappled with many of the same problems andstakes, including liability for human health, without prejudice to other pollutions’ impacts.Furthermore, we aim at rethinking the ill-adapted law to consider liability andresponsibility; this requires that we learn lessons from the results of the reasoning, andmanage with the particularities of interests and actors that intervene, or the larger room thatmust be devoted to the environment in social choices. Specifically, the goal of theanthropocentric approach is to enable to overcome skepticism towards environmentalconcerns, and to underline the fact that these offenses are fundamentally borderless
Jean-Francois, Flore. "Responsabilité civile et dommage à l'environnement". Thesis, Antilles, 2018. http://www.theses.fr/2018ANTI0286/document.
Pełny tekst źródłaThe present environmental situation, and expert forecasting related to it, compel toquestion how tort law might be a useful vehicle of both redressing harms, offenses and risksof such to the environment, or better, anticipating them into avoiding them or limiting theirconsequences. The following thesis considers the shortcomings and adequacy of tort law’stools and mechanisms for addressing these environmental concerns. Indeed, it is particularlydifficult to even ascertain most environmental offenses and estimate their cost, particularlywith regard to irreversible harms. Thus, the reasoning demonstrates the emergency of a betteradaptation of both corresponding liability and responsibility, through their different elements,including the duality that characterizes them. Here, we then offer theoretical, technical orpractical considerations, which may be of use in navigating this route.In considering these issues, the food proceeding industry serves as a particularly usefulmodel sector for the demonstration, as it has grappled with many of the same problems andstakes, including liability for human health, without prejudice to other pollutions’ impacts.Furthermore, we aim at rethinking the ill-adapted law to consider liability andresponsibility; this requires that we learn lessons from the results of the reasoning, andmanage with the particularities of interests and actors that intervene, or the larger room thatmust be devoted to the environment in social choices. Specifically, the goal of theanthropocentric approach is to enable to overcome skepticism towards environmentalconcerns, and to underline the fact that these offenses are fundamentally borderless
Nawaiseh, Basel. "La responsabilité civile en matière d'environnement en droit français et en droit jordanien". Rouen, 2008. http://www.theses.fr/2008ROUED001.
Pełny tekst źródłaThis comparative study in the french law and jordaniain law treats the conditions of the civil responsibility in matter of the environmental damage (damage, the main fact of civil responsibility, and the causal relationship), as well as it shows the foundations of civil responsibility, and the causal relationship), as well as it shows the foundations of civil responsibility either tort or contractual relation. After that , it will deal with the consequences of civil responsibility for environmental damage , such as lawsuit reform and the responsibility of environmental damage , such as lawsuit reform and the responsibility of environmental damage and the statement of ways to repair this damage and compensation
Bonnieux, Claire. "La responsabilité civile pour atteinte aux éléments naturels composant l'environnement eau-air-sol". Paris 1, 2004. http://www.theses.fr/2004PA010312.
Pełny tekst źródłaAugier-Francia, Emeline. "Les nomenclatures de préjudices en droit de la responsabilité civile". Electronic Thesis or Diss., Lyon, 2020. http://www.theses.fr/2020LYSE3052.
Pełny tekst źródłaFifteen years ago, the process of injuries nomenclatures was unknown in the field of civil liability. However, it seems that these instruments can now be considered as fundamental tools in the construction of a rational and harmonized reparation strategy for bodily injuries and environmental damage.Thanks to their methodological approach, nomenclatures can be used as a reference by all the actors of the reparation process (judges, experts, lawyers, etc.) in a civil liability action. These would help them transcribe a damage, also called “damaging reality”, into various categories of injuries, in other words, into a legal reality. This way, these controlling tools ensure compliance with the principle of full reparation in order to respond to the idea of an effective protection of victims’ interests, which is at the core of civil liability since the 21st century. While a general reform of civil liability is being considered by the Chancellery, the idea of the generalization and formalization of these tools raises questions. Therefore, this research work has the ambition to devote an in-depth thinking about the injuries nomenclatures impact on the civil liability legislation. It now appears necessary to offer a thorough study on the nature of these tools, their authority over the actors in the reparation process, their effectiveness on positive law, as well as their development opportunities
Vianna, Goncalves Raphael. "Exploitation offshore d'hydrocarbures et responsabilité civile : droit comparé : Brésil, France et Etats-Unis". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010271.
Pełny tekst źródłaThe current situation of the rules governing the liability of the entrepreneur for environmental damage caused by offshore oil exploration and by the transportation of this product by oil tankers, shows that the legislator is more concerned with environmental health issues. However, there are many gaps in national legislations that can lead to considerable legal uncertainty for the responsible parties. While, at the same time it does not provide adequate protection for the environment and to human beings. The comparative study of legals systems shows the importance that countries that are exposed to the dangers of oil spills, especially those exploiting oil in the sea, to have a special indemnisation fund to guarantee and facilitate environmental restoration and payment of compensation to victims. Besides protecting the environment and citizens' rights, the fund also offers the possibility of applying the defenses of liability and limitation of liability. The funds would be used to cover the losses beyond the limit of liability of the responsible partie or when the responsibility for the accident is ruled out by a liability defense cause
Yastrebkova, Olga. "Le droit russe de la responsabilité en matière d’environnement à la lumière du droit français". Paris 10, 2007. http://www.theses.fr/2007PA100109.
Pełny tekst źródłaThe subject of this thesis is the responsibility in matter of environment in Russian right in light of French right. The research tends to answer to the following questions : is the responsibility incurred in case of ecological damage depends of civil right or does it constitute an autonomous ecological responsibility? Are the Russian civil responsibility right perfectly adapted to the environment protection ? This questioning drives the author to develop a detailed analysis of the civil responsibility right and environment right of the Russia. In this research, the French right is used as “revelator” of the Russian right tensions and the evolution they start to experiment. This study allowed to demonstrate that damage repair in matter of environmental responsibility does not differentiate itself from traditional mechanisms. The analysis shows the obvious facts that the responsibility in matter of environment right violation comes essentially within the civil right even if, moreover, the rules of these right are not always well adapted to ecological damage repair. However, some evolution has been already noted
Bentata, Pierre. "La combinaison de réglementation et de responsabilité civile environnementale : manifestations et efficacité dans le droit français". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1118.
Pełny tekst źródłaMost developed countries use a mix of public regulation and civil liability to cope with environmental risks and damages. Though, a vast majority of economic scholars tend to favour a regime of pure regulation in the domain of environmental accidents, arguing that liability cannot provide incentives for polluters and potential injurers to take socially desirable care. Our dissertation aims to answer this paradox between legal reality and economic theory. In the first part of our study, we develop an operational approach of the concept of externality based on the concrete characteristics that represent an impediment to individual cooperation and thus to the application of property rights. This method allows us to compare the efficiency of public regulation and civil liability and to reach a clear-cut conclusion: in the most complex situations, neither regulation nor liability is able to encourage socially desirable care and to ensure complete compensation for victims at the same time. In these situations, joint use of both legal instruments might be superior to regulation or liability alone because it enables each instrument to overcome the inefficiencies of the other, through interactions and informational transfers occurring between judges and regulators. In the second part, we test our theory in the French case. To observe the existence of institutional interactions between judges and regulators, we create a unique dataset gathering the whole litigations on environmental accidents from cases adjudicated by the Court of Cassation since 1956. Our econometric results show that joint use of regulation and liability emerged to promote economic efficiency of the legal system
Bentata, Pierre. "La combinaison de réglementation et de responsabilité civile environnementale : manifestations et efficacité dans le droit français". Electronic Thesis or Diss., Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1118.
Pełny tekst źródłaMost developed countries use a mix of public regulation and civil liability to cope with environmental risks and damages. Though, a vast majority of economic scholars tend to favour a regime of pure regulation in the domain of environmental accidents, arguing that liability cannot provide incentives for polluters and potential injurers to take socially desirable care. Our dissertation aims to answer this paradox between legal reality and economic theory. In the first part of our study, we develop an operational approach of the concept of externality based on the concrete characteristics that represent an impediment to individual cooperation and thus to the application of property rights. This method allows us to compare the efficiency of public regulation and civil liability and to reach a clear-cut conclusion: in the most complex situations, neither regulation nor liability is able to encourage socially desirable care and to ensure complete compensation for victims at the same time. In these situations, joint use of both legal instruments might be superior to regulation or liability alone because it enables each instrument to overcome the inefficiencies of the other, through interactions and informational transfers occurring between judges and regulators. In the second part, we test our theory in the French case. To observe the existence of institutional interactions between judges and regulators, we create a unique dataset gathering the whole litigations on environmental accidents from cases adjudicated by the Court of Cassation since 1956. Our econometric results show that joint use of regulation and liability emerged to promote economic efficiency of the legal system
Veillard, Isabelle. "Prévenir les nouveaux risques : Essai d'une approche globale pour la protection des personnes et de l'environnement". Paris 1, 2010. http://www.theses.fr/2010PA010292.
Pełny tekst źródłaBatakou, Mahuwetin Sylvie. "Le risque environnemental et l'assurance". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3002.
Pełny tekst źródłaEnvironmental risk is defined as the damage to the environment caused by the activities of companies that give rise to their responsibilities, which are the source of ecological damage or ecological harm and oblige them to take measures to repair or even prevent it. The enshrinement by liability law for so-called pure ecological prejudice, i.e. those caused to the environment itself, has obliged insurers to structure themselves and offer adequate guarantees. Beyond environmental liability as provided for in the Environmental Code, henceforth, on the basis of Articles 1246 et seq. of the Civil Code, any person, and consequently any company, and not only those whose activity constitutes a risk for the environment, must repair the damage caused and put in place, if necessary, measures to prevent such damages. These costs, which are borne by him and are likely to affect his financial survival, cannot be assumed without recourse to insurance. This one can then be used to cover and pay for pure ecological damages. Insurance plays an essential downstream role, but also an upstream role by enabling and promoting the prevention of environmental risk. In this way, environmental risk insurance is fully in line with the current sustainable development approach. However, while traditional insurance is the technique best suited to effectively repairing damage caused to the environment, it alone cannot cover environmental risk. There are substantial, temporal and financial limitations in environmental insurance contracts, requiring consideration of the implementation of a multifaceted compensation system. As a result, the complementary intervention of other compensation mechanisms, particularly a compensation fund, is indispensable. At the end of our study, the crucial role of the insurer in repairing environmental damages is highlighted. However, it must be included in a broader and rethought compensation mechanism, consisting of the establishment of an insurance obligation on the one hand and a special compensation fund on the other
Blanc, Marjorie. "Les réponses pénales aux atteintes à l'environnement". Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0079.
Pełny tekst źródłaTraditionally, the human being has acted on nature to develop its living environment. This behaviour can have bad effects on the environment, so that the idea of protecting it gradually came into the collective consciousness. The French legislature thus developed an important arsenal of laws among which we can find penal provisions made to sanction those who damage environment. But the penal system, while necessary, should not be the only answer to the environment attacks. It must be linked with other mechanisms, such as civil liability, and that in order to allow, among others, the repair of the ecological damage. Criminal law for the environment as it is implemented today is not satisfactory. It suffers from flaws that affect its efficiency. The present works try to find a remedy for this situation
Strakodonskaya, Liudmila. "Pitfalls and Prospects of Sustainability Risk Management under the Modern Investors’ Fiduciary Duty". Electronic Thesis or Diss., Paris 2, 2019. http://www.theses.fr/2019PA020005.
Pełny tekst źródłaThe compatibility of Environmental, Social and Governance (ESG) risks management with the investment management requirements under the investors` fiduciary duties (FD) figures among the key questions in today`s context of a rapid growth of sustainable investment strategies. This question is thus the subject of the ongoing regulatory developments in Europe and the object of recent lawsuits in the US federal jurisdiction. Despite these current legal developments, investors still have no clear answer to this issue, what leaves them inert in the face of these new and unconventional types of risk.In our research, we explore the recent advancements in the EU and the US legal practice aiming to determine to what extent the FD requires ESG risks consideration by investors in their investment management decisions. We identify ESG risks materiality and the effectiveness of risk hedging actions as fundamental elements for the definition of ESG risks management obligations of investors under the FD rule. We design a theoretical representation of ESG risks materiality under the FD law and identify that within the FD legal framework ESG risks are assimilated to financial risks; thus, their management is required only if they are financially material for investments. We also reveal that the FD law requires management of long-term ESG risks, which are sufficiently material considering the applied discount rate, and formulate a FD-compliant discounting principle. Then, through the Case Study of the recent US ERISA ESOP lawsuit, we establish that risk-aversion in the qualification of the effectiveness of ESG risk hedging actions could impede efficient risk management by incentivising investors not to hedge a material ESG risk
Humbert, Delphine. "Le droit civil à l'épreuve de L'environnement : essai sur les incidences des préoccupations environnementales en droit des biens, de la responsabilité et des contrats". Nantes, 2000. http://www.theses.fr/2000NANT4030.
Pełny tekst źródłaFerrari, Francesca. "Rischi per la salute e dinamiche assicurative : la logica precauzionale in sanita' e nella tutela dell'ambiante". Paris, EHESS, 2014. http://www.theses.fr/2014EHES0038.
Pełny tekst źródłaOliveira, Carina Costa de. "La réparation des dommages environnementaux en droit international : (contribution à l'étude de la complémentarité entre le droit international public et le droit international privé)". Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020002.
Pełny tekst źródłaThe reparation of environmental damages in international law concerns public and private international law. Due to the fact that efficient reparation of environmental damages is hardly achieved only by public international law, private international law methods can be used to fill the gaps of the former law field. Public international law limits are related to the difficulty of harmonising substantial environmental rules on national, regional and international context. Another reason is that it is hard to control company’s international movements and to hold them liable for damages committed. International environmental law depends on some public and private legal instruments in order to protect the environment. Public instruments such as treaties and Secretariats' mechanisms of control must work jointly with private instruments such as liability and arbitration. Private international law application is useful to organise rules from different legal orders. This methode enables the use of legal measures of one State in another State without looking for uniformity. Private international law, by the environmental function of conflict of laws and conflict of jurisdictions rules, paves the way towards a better interaction between different normative orders and between different law fields. It leads to a more effective cooperation for environmental protection
Rabut, Gaëlle. "Le préjudice en droit pénal". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0173/document.
Pełny tekst źródłaThe notion of prejudice habitually falls within the boundaries of civil law. As a traditionaland inescapable feature of this discipline, prejudice is today sparking off heated debates amongspecialists. Confronted with this new trend, criminal law experts can rightfully wonder about the placeof prejudice in criminal law. If the concept is little used in this law area, it is nonetheless not totallyunknown. However, the study of prejudice in criminal law will have to prove the irrelevance of thisnotion in that regard. This difference between civil and criminal law can be accounted for by thedistinct purposes of these two areas of the law. Whereas civil law aims at seeking redress for harminflicted on individuals, criminal law is guided by the imperative need to protect general interestthrough the maintenance of law and order.Thus, prejudice does not fall within the scope of the criminal offence theory. It is neither taken intoaccount in the process of defining offences by the lawmaker nor in the classification of the offence bythe trial court. Prejudice is not a constituent part of the infringement and thus is not tantamount to itsoutcome. Furthermore, the notion of prejudice plays a limited role in the theory of criminal lawprocedure. If prejudice appears as a condition governing the admissibility of a civil action brought incourt it is because it is perceived as a legal action for damages, for the sole purpose of monetarycompensation. On the other hand, prejudice is not a condition for criminal proceedings with thepurpose of punishing the offence
Torres, Ana Cristina. "Initiatives citoyennes de conservation de la nature en milieu urbain : rôle des jardins partagés". Thesis, Université Paris-Saclay (ComUE), 2017. http://www.theses.fr/2017SACLS557/document.
Pełny tekst źródłaTheoretical frameworks for nature conservation have evolved through time, with priority successively given to different values, instrumental or intrinsic. However, these frameworks have limits in motivating engagement towards nature. Building on the respective notions of relational values and transformation of nature experiences, my thesis work aims to fuel the reflection on new ways of considering nature conservation. I have used community gardens, a particular form of citizen initiative, as a study case to understand the motivations of ordinary citizens to engage towards nature. On the social side, I showed that experiences of nature can be gained in these gardens despite the urban environment, to fulfil personal needs through gardening and through the development of social and ecological relationships. These experiences of nature influence the neighbouring citizens of the gardens, who acknowledge their benefits for themselves, the gardeners, the neighbourhood, and the city in general.On the ecological side, I showed that community gardens host a rich community of spontaneous plants, which species richness depends upon gardeners’ management and garden age, which in turn depends on stakeholder decisions as to the durability of community gardens.Last, I showed how socio-ecological relationships created and promoted in a community garden can become drivers for political actions, through the particular case of one garden.Through this combination of social and ecological approaches, this thesis highlights the crucial role played by relational values in nature conservation motivation. These relations have to be acknowledged and promoted in all their diversity
Pham, Christine. "L'introduction d'un régime de responsabilité civile pour le préjudice écologique dans le corpus juridique québécois". Thèse, 2018. http://hdl.handle.net/1866/22789.
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