Дисертації з теми "Responsabilité écologique"
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Mistretta, Patrick. "La responsabilité pénale du délinquant écologique." Lyon 3, 1997. http://www.theses.fr/1998LYO33001.
Повний текст джерелаArhab-Girardin, Farida. "Le dommage écologique." Tours, 1997. http://www.theses.fr/1997TOUR1008.
Повний текст джерелаThe thesis proposes to admit the reparation of ecological damage independently of human damages and to submit to a specific regime of responsability. The first part attempts to introduce ecological damage in the responsability law as a new category of damage and to construct juridically this notion. Then, it retraces the emergence and suggests some legal instruments which will allow to recognize ecological damage. In order to achieve this, it is recommended to admit a right to the environmental and procedural laws that follow from it. The aknowledgement of environmental common heritage could represent the foundation on which to base it. To continue, we analyze the juridical techniques indispensable to application this right and the heritage protection. Then some answers are brought to the question of the justice representation of this new collective interest by associations and organizations. The second part applies to create a regime of responsability appropriate to ecological damage. The institution of responsability requires some adjustments by a softening of its conditions and an adaptation of the reparation. Moreover, the acknowledgement of ecological damage will have an influence on - civil and criminal - responsability objectives. The reparation can't be efficient except if it ensures also prevention. Finally, the ecological damage modifies usual law concepts of the responsability and becomes an instrument to the environmental protection
Hache, Émilie. "Ce/eux à quoi nous tenons : proposition pour une responsabilité écologique pragmatique." Paris 8, 2009. http://www.theses.fr/2009PA083152.
Повний текст джерелаThe ecological crisis that we are experiencing today is simultaneously a scientific, political and moral crisis. In response to this crisis, a multitude of moral demands have emerged in the form of a call for the moralisation of politics and the economy or even so-called ecological concerns about the world we live in. I would like to build into this PhD a pragmatic ecological responsibility that would explain these moral demands. First, in order to do this, I will deal with the concept of responsibility by going back to its etymological sense of “responding to” (ie responding to these demands). This involves explaining and describing what/who the main players themselves care for, and not indicating what they should do. This will also lead me to build the concept of ecology in an unusual meaning: here, it will not refer to nature or the environment but to relations between beings, human or non-human. I will argue the idea that to respond to these moral demands, one has to be interested, without any distinction, with moral issues either ecological or not. Finally, this responsibility is pragmatic because of its empirical approach – I will be interested with “real” moral problems arising from the ecological crisis but also because of the importance that I see in differentiating between this ecological responsibility with any moralising propositions. This way of building the ecological responsibility is therefore both moral and political; these moral demands force us to rethink the political composition of our societies
Creteaux, Isabelle Ingrid. "Questions juridiques liées à l'évaluation du dommage écologique." Paris 1, 1998. http://www.theses.fr/1998PA010303.
Повний текст джерелаRegarding ecological damages, the discrepancy between current solutions offered by liability and compensation rules and the growing risks of environmental impairment is stricking. Even though the concept of environmental damage has been formulated in some international civil liability regimes, only one international convention which covers damages to the marine environment resulting from oil pollution is in force today. Some foreign jurisdictions have adressed the issue of environmental damage per se, in particular damage to natural resources is covered under us compensation law. Furthermore, rules concerning environmental damage have been established in italy. However many problems are involved in the practical application of these new approaches. In france, the traditional tort law approach restricts the development of a comprehensive system for compensating environmental damage. The measurement of damages for the purpose of determining the extent of liability gives rise to considerable difficulties : legal and practical. The question as to how compensate ecological damages reflects the growing environmental concern of our society to find a practical and equitable means to deal with environmental damage. In order to fill the gap in the present system, it is necessary to organize the proper management of ecological risks
Alves, Jennifer. "La responsabilité environnementale." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E024/document.
Повний текст джерелаThe aim of this thesis is to demonstrate that the strengthening of the environmental institutions enforces environmental responsibility. If institutional changes are setting up to promote environmental responsibility, then a co-responsibility takes form making environmental protection more efficient and more effective. Given the extent of environmental degradation and their consequences, environmental liability bccomes a panacea to the ecological crisis. The notion of sustainable development echoes to it. however anchoring in a larger dynamic. The concept ofsustainable development comes at industrial level by the corporate social responsibility. lt is clear that the answers given by the institutions and the industrial segment fall far short of responding to the environmental challenges. Historically, regulatory instruments have been mobilized to deal with irreversible damage. The recent issue of emission permits still experiences difficulties. Despite the European theoretical and empirical evidences, French ecological taxation doesn't comply with the economic recommendations. The reasons for these failures depend on the difficulties of acceptability. These considerations lead us to rethink the patterns of state intervention in environmental. The contribution of this thesis is to propose the establishment of new institutional arrangements based on the establishment of environmental institutions which have capacities of expertise, enforcement and compliance
Draetta, Maria Laura. "La modernisation écologique en milieu industriel : contribution à l'analyse de l'action environnementale des entreprises." Paris, EHESS, 2003. http://www.theses.fr/2003EHESA143.
Повний текст джерелаThe focus of this thesis is the comprehension of industrial firm's engagement in ecological modernization. This thesis provide a critical analysis of two currents ideas in public opinion and scientific debates : that one of a corporate environmentalism rational but cynic and, on the opposite, that one of a real environmental culture emerging in industrial field. The thesis suggests the explication of a plurality of logics. It draws corporate environmental action as the product of presures originate within social and institutional networks (what are called the firm's organizational field), but also as the product of firms's characteristics, of their tendency to institutional isomorphism and of sensibility of some directors. Rather than to limit to market and legal logics analysis, that are the current explications provided by economical theory in order to explain ecological modernization process, the thesis suggest the notion of moral obligation, by giving a civic dimension to this process
Gueye, Doro. "Le préjudice écologique pur." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10061/document.
Повний текст джерелаEnvironmental 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
Ben, Abdallah Golli Olfa. "La Responsabilité Sociétale des Entreprises : un levier pour la durabilité écologique. Validation empirique pour la Méditerranée." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0039/document.
Повний текст джерелаThe purpose of this thesis is to contribute to the study of the role of State intervention in the Mediterranean countries, and this in the promotion of the responsible approach. This doctoral work provides a general review of the study of the role of environmental factors in the context of sustainable qualified development. It discusses, among other things, changes in the perception of CSR policy in the Mediterranean region. In our study on CSR, we focus our research on both voluntary and obligatory approaches, following institutional constraints, and subject them to comparison. In doing so, we focus in particular on how the CSR concept has been strongly related to the notion of environmental sustainability. The first part of this work presents an exhaustive and critical review of the literature on responsible approaches. In the second part, which is essentially factual, we frame the empirical and institutional foundations of a green growth model. Estimation and validation are presented at the last chapter level. The results highlight the relationship between CSR and governance as regards sustainable growth and sustainable environmental-friendly growth, at the macroeconomic level.The results obtained allow us to confirm that firstly, CSR plays a positive role in order to improve the quality of the environment. Secondly, various approaches overlap and tie together to propose environmental-performance scenarios throughout the Mediterranean.Thirdly, it appears that the restrictive intervention of the state weakens CRE efficiency, added to this the impact on -CSR- of the disparity at the institutional level and between countries of different development level. Finally, according to the results obtained, we believe that the interaction between the will and the duty to carry out responsible actions could in turn constitute/ lead to a perfection in terms of ecological sustainability for Mediterranean-bordering countries
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.
Повний текст джерелаResulting 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
Cazalis, Laure. "La contribution du juge judiciaire à la notion de dommage écologique." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2081.
Повний текст джерелаThe 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
Candiago, Noémie. "La dette écologique en droit international public." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD007/document.
Повний текст джерелаThe 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
Engone, Elloué Nestor. "Justice environnementale globale et responsabilité historique : une approche restauratrice." Thesis, Bordeaux 3, 2018. http://www.theses.fr/2018BOR30005.
Повний текст джерелаThe treatment of global environmental inequalities must take into account the difference in the impact of countries in the advent of the environmental crisis. These inequalities do not emphasize only redistribution injustices related to the sharing of environmental burdens or historical injustices related to colonial ecological liabilities and historic greenhouse gas emissions from the Northern countries They also imply injustices of participation and recognition. The distributive approach and the corrective approach to environmental injustices do not make it possible to repair all these injustices. The use of the paradigm of restorative justice could allow to overcome their limitations and defects. The restorative approach has two main benefits. The first one is to consider the multidimensional nature of environmental injustices and to refocus on a wide range of justice needs of state and non-state victims : need for redressing historical injustices, need for recognition, need for participation, need for redistribution and need for assistance. The second advantage is the consideration of the process of justice into a transformative logic for the prevention of environmental injustices. With this aim in mind, we propose the institutionalization of a "global ecological democracy » through the transformation of the United Nations Environment Program (UNEP) into an ecological and democratic institution with supranational sovereignty
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.
Повний текст джерелаCouture, Samuel. "La modernisation écologique des petites et moyennes entreprises : l'exemple de la région de Chaudière-Appalaches." Master's thesis, Université Laval, 2010. http://hdl.handle.net/20.500.11794/21734.
Повний текст джерелаChotouras, 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.
Повний текст джерелаIn 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?
Masoumi, Khazar. "La responsabilité environnementale des Etats : un régime juridique en émergence." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA001.
Повний текст джерелаDespite some authors’ scepticism, the international environmental law can find certain solutions in the law of state responsibility. However, the success of finding such solutions depends on the introduction of a number of environmental considerations to as conditions of state responsibility, its invocation and reparation. Regarding the first, although the state responsibility, which is based on breach of obligations, may lack normative environmental aspect, its preventive role vis-a-vis the environmental harm should not be underestimated. As to the invocation, the positive law has to acknowledge the right of an injured state acting for the collective interest in order to include spaces and species beyond the state’s sovereignty to the law of state responsibility. Regarding the forms of reparation, restitution and compensation must be adapted taking into consideration the importance of environmental restoration towards baseline conditions. However, satisfaction needs to transform into a multiform and flexible form of reparation. For this purpose the present study suggests the biodiversity offset mechanism as a form of satisfaction
Vignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif." Nice, 1998. http://www.theses.fr/1998NICE0034.
Повний текст джерелаBosc, Lionel. "Le préjudice collectif : contribution à l'étude des atteintes à l'intérêt collectif." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10032.
Повний текст джерелаThe 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
Orengo, 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.
Повний текст джерелаMaritime 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
Jolivet, Patrick. "Représentation économique du comportement écologique des consommateurs : le cas des déchets ménagers." Phd thesis, Université de Versailles-Saint Quentin en Yvelines, 2001. http://tel.archives-ouvertes.fr/tel-00003288.
Повний текст джерелаLa problématique centrale de cette thèse est donc la suivante : peut-on représenter économiquement le phénomène ‘déchet' dans l'acte individuel de consommation ? Dans la première partie de ce travail, nous proposons de représenter la sensibilité des consommateurs vis-à-vis de l'environnement, en général, et des déchets en particulier. Le postulat est que les individus peuvent intégrer la variable ‘environnement' dans leurs choix de consommation, dès l'achat de produits sur le marché : ceci définit ce que nous proposons d'appeler la rationalité environnementale continue des agents économiques.
Dans une seconde partie, nous caractérisons le comportement d'un individu qui choisit de trier ses déchets. A partir d'une enquête qualitative que nous avons réalisée, nous recherchons dans les discours et les pratiques des agents à définir ce qu'est le comportement du consommateur-producteur (-trieur) de déchets. Il apparaît, lors de cette enquête, que la sensibilité écologique des agents économiques, lorsqu'elle existe, ne se traduit pas prioritairement dans leurs choix de consommation. Les préoccupations vis-à-vis des déchets ménagers, postérieures aux décisions d'achat de biens, définissent une rationalité environnementale discontinue et nous conduisent à élargir le cadre d'analyse traditionnel du consommateur.
Vitari, Claudio. "Du principe de rendement à l'émancipation individuelle, l'équité sociale et la soutenabilité écologique dans la recherche en Systèmes d'Information." Habilitation à diriger des recherches, Université Montpellier II - Sciences et Techniques du Languedoc, 2012. http://tel.archives-ouvertes.fr/tel-00676771.
Повний текст джерелаVallejo, José Luis. "La dette écologique dans l'analyse économique. Le cas du projet Yasuni-ITT en Équateur." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLV038.
Повний текст джерелаThe objective of this research is to analyze and represent the ecological debt, and then to estimate it, within the framework of the project Yasuni in Ecuador. As there is currently is no consensus on the formalization of a standard definition, it highlights the necessity of bounding the meaning of the concept of ecological debt by using a working definition. In this respect, it seems appropriate to implement the proposal made by Erik Paredis. This allows to modulate its scope according to each case studied as well as to consider ecological debtors on a spatial or temporal scale.The challenge lies in the possibility of constructing an adequate analytical framework for the Yasuni project, particularly with regard to oil extraction. Thus, we will first focus on the characterization of the notion of ecological debt from the perspective of environmental justice. For that, consideration was given to building on the work carried out by the EJOLT project, then to articulating it within the framework of the world system, by conceiving the ecological debt as a cumulative process of environmental injustices. For that, we considered to take in account the work carried out by the EJOLT project, then to articulate it within the framework of the world system, by conceiving the ecological debt as a cumulative process of environmental injustices.As far as evaluation is concerned, this study is based on the multicriteria analysis method, especially that proposed by REEDS and the Eplanete platform. Firstly, we proceed to representation of the ecological debt in the context of the Ecuadorian Yasuni project, using a set of theories, and then evaluating it with the deliberation matrix tool which proposes a list of indicators associated with each theory, taking into account the criteria and the typology of inequalities and principles of environmental justice.Similarly, an analysis is made of the evaluations and methods thus used to compare them with the proposal in this study. The deliberation process seems to support the idea that, in the case of the Yasuni project, environmental injustices are generated, that are neither rewarded nor restored over time, thereby increasing the resulting ecological debt
Magnier, Lise. "Influence du design écologique sur les réponses attitudinales et comportementales des consommateurs : le cas des packagings de produits de grande consommation." Thesis, Lille 1, 2014. http://www.theses.fr/2014LIL12023.
Повний текст джерелаResearch in consumer behavior has extensively examined consumers’ responses to product ecological stimuli. This dissertation focuses on the influence of an eco-designed extrinsic attribute of the product – packaging - on attitudinal and behavioral responses. The first part of this dissertation draws on literature on ecological consumption behaviors on the one hand, and consumers’ responses to packaging on the other hand. Next, an exploratory study has been undertook ; it consists of a qualitative study composed of semi-structured and ZMET interviews. Results enabled us to build a taxonomy of packaging ecological cues, to define the concept of eco-designed packaging and to ascertain consumers’ range of responses to these cues. The quantitative part of the dissertation is composed of three experimental studies which test the influence of eco-designed packaging in different contexts. The first study tests the combined influences of packaging visual and verbal ecological signals on consumer’s aesthetic evaluation, emotional value, attitude towards the product and purchase intention as a function of environmental concern (EC). Results reveal that EC moderates the relationships between the interaction of the visual and the verbal conditions and the dependant variables. The second study tests the combined influences of packaging structural, graphical and informational ecological cues on perception of brand ethicality, perception of individual and prosocial benefits, and purchase intention. Results suggest that, amongst other things, the three signals influence the perceived ethicality of the brand but that only the structural signal exerts a zero-order effect on the other dependent variables. The third study compares the influences of an ecological signal related to an intrinsic attribute of the product versus an extrinsic attribute (packaging) on eco-friendliness perception of the offer, and the variables used in the previous study. Results suggest that both product and packaging ecological design positively influence the perception of global eco-friendliness and perceived ethicality. While the “product ecodesign” condition influences both the individual and the prosocial benefits, the “packaging ecodesign” condition influences only partially the individual benefits. However, it also exerts a positive effect on prosocial benefits. Eventually, results are discussed; theoretical, managerial and methodological implications are highlighted and limitations and directions for future research are proposed
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
Повний текст джерелаWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
N'guessan, Baudelaire. "La réparation du dommage à l'environnement du fait des déchets simples en Côte d'Ivoire." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0032.
Повний текст джерелаCities in Côte d'Ivoire, like African capitals, are constant y polluted by household waste, commercial and craft waste and non-hazardous industrial waste. These simple wastes degrade the environment in its natural components, namely the soil, water, air, fauna and flora. The main concern is no longer the material recognition of environmental damage, but rather the repair of the ecological damage caused by these wastes. On what basis and in what ways could Ivorian law compensate for theDépôt légal de la thèseDonnées complémentairesecological damage? Ivorian law could achieve compensation for ecological damage through thecoordinated application of the rules of civil liability under ordinary law and those of environmentalliability introduced by the 1996 Environmental Code. This mechanism could be strengthened by themechanism of extended producer responsibility for wastes. In addition, compensation in kindappears, through rehabilitation, to be the preferred method of compensation for environmentaldamage. However, the Ivorian legislator should work towards a clear recognition of ecologicaldamage and the attribution of legal personality to the components of the environment, for exampleby relying on the African cosmogony of nature to facilitate effective compensation for ecologicaldamage
Pelzer, Stéphane. "Activité agricole et pollution de l'eau : vers une responsabilité environnementale des exploitants agricoles ?" Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0116/document.
Повний текст джерелаFarming has always been a source of pollution for water. This link has been reinforced by establishing a common Agricultural control Policy in the EU. In fact the common Agricultural Policy is based on productivisme optiminzing the yield of land by using manure as well as fertilizers, polluting water to a High degree.However some reforms and a specific tax legislation have been created in order to reduce harmful effects on agriculture and on water ressources unfurtunately these legal and institutionnal instruments have proved ineffective.Therefore governements have sought to make farmers aware of there responsabilities with regards to pollution. Despite these efforts, the diffuse nature of water pollution has been obstacle to the implementation of such a regime agricultural pollution.Consequently goverments have no choice but to turn to more flexible instruments that allow polluters to be associated to the various mesasures taken to avoid the pollution of water, particurly by getting polluters involved in the procès and making them signe contracts
Bezombes, Lucie. "Développement d'un cadre méthodologique pour l'évaluation de l'équivalence écologique : Application dans le contexte de la séquence "Éviter, Réduire, Compenser" en France." Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAS044/document.
Повний текст джерелаIn light of the global erosion of biodiversity caused by human activities, biodiversity offsets and, more broadly the Mitigation Hierarchy, are increasingly used since the 1970s, with the ambition of reconciling economic development and biodiversity conservation. Its objective is to achieve "No Net Loss" (NNL) of biodiversity. One of the key issues to achieve this goal is to demonstrate ecological equivalence between the gains from offsets and the losses caused by impacts. Despite regulatory improvements, the French law does not include a method for assessing equivalence, and no method is unanimously recognized. This leads to heterogeneous practices and difficulties in reaching the NNL objective. In this context, this thesis aims to develop a standardized methodological framework (SMF) for assessing equivalence, which combines operationality, scientific basis and comprehensiveness (taking into account the four dimensions of equivalence: ecological, spatial, temporal and uncertainties). First, 13 methods used abroad are analysed in order to identify structural elements for the development of a SMF adapted to the French context. The construction is decomposed into three steps. The first consists in selecting an organized set of indicators, on which equivalence assessment should be based in order to meet legislative requirements and reflect the complexity of biodiversity. The assessment is to be done at two spatial scales (on-site and within an expanded perimeter) and at three levels reflecting general or specific issues (habitat or species). The second step regards the prediction of the values of the indicators over time, consequently to the impacts and offsets, taking into account the implied uncertainties. The third step leads us to establish rules for calculating losses and gains, as well as for the overall assessment of equivalence. Finally, this SMF is tested on two study sites in order to demonstrate the added value and to identify its limits. Prospects for improving the SMF, and more broadly the evaluation of equivalence, are then suggested. Finally, all these elements make it possible to question the effectiveness of offsets in order to tackle biodiversity erosion
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.
Повний текст джерелаBusiness 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
Blanc, Marjorie. "Les réponses pénales aux atteintes à l'environnement." Thesis, Toulon, 2014. http://www.theses.fr/2014TOUL0079.
Повний текст джерелаTraditionally, 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
Ndiaye, Ibrahima. "Enjeux éthiques et écologiques de la responsabilité : vers une approche de la co-responsabilité." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT5021.
Повний текст джерелаThus, the present investigation aims at examining the tools that can generate sufficiently persuasive resources in order to accomplish such a task. That's the reason why we relied on the analysis of the notion of responsibility as much in its political application as in its ethical rhetoric. According to Rousseau, mankind was able to rise above her strictly biological nature only by putting a stop to her drives. It is in the same vein that Kant will claim the autonomy of the subject who will be able to establish her moral responsibility. But the analysis of the concept we have undertaken has allowed us to claim that responsibility has a foundation that breaks with any moral voluntarism. Indeed, the dialectics between freedom and responsibility has brought about a more fertile conception of responsibility, at least ethically speaking. There is no doubt that one can be held legally responsible for something only when one accomplishes an action in full knowledge of the facts. This implies that the very person (subject) has a psychological and moral conscience, a free will, and a free volition. This is what the analysis of freedom has enabled to reaffirm here. But this kind of formal responsibility does not exhaust the richness of responsibilities that are incumbent upon us. Our responsibility does not spring exclusively from our freedom. On the contrary, it extends beyond it and contains it, on the political level, but above all on the ethical level. Such a conception of freedom rings or rather resonates as a call for an integral and collective responsibility. It resonates because this form of responsibility which consists in helping vulnerable beings who are condemned to perish without our intervention, has won its spurs with Hans Jonas, in his masterpiece: The Imperative of Responsibility. But, it is Emmanuel Levinas that we owe this conception of responsibility that we have towards other beings. An ethical responsibility concentrated on the irreducible concern for the Other "in the nakedness of his face" till the substitution. In a time when human relationships are being undone because they are being computerized and digitized through the dramatic development of new scientific and technological tools leading to the abrasion of empathy and sensitivity, it is crucial to reflect freshly upon a quasi-religious vision of progress that shrugs off the human being and the nature she uses. As activist for the preservation of humanly viable conditions, we have then attempted to replace the Human and her future in the centre of all concerns. Convinced that neither the absolute saint or the absolute devil exist, we aim at mobilizing all resources from the noble part of the Human Being in order to enable everyone to provide an appropriate answer to human distress and plays her role in expressing an immense and profound solidarity of souls…
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.
Повний текст джерелаComparison 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
Diatta, Jules François. "Le bien navire et sa fin : essai sur l'évolution des différents états du navire." Thesis, Brest, 2018. http://www.theses.fr/2018BRES0005.
Повний текст джерелаIt is to the ship that the maritime law owes its particularism, more precisely to the fact that it exposes itself to the risk of sea. One understands then that the evolutions of the rules applicable to the good are likely to have an impact on the subject. Thus the peculiarity of the maritime law would fade if ship peculiarity is affected.However, the ship is likely to know several States that go from that of ship to that of wreck, through the States of abandoned ship and ship to dismantle, each of these States of the ship involving a set of legal rules that it is applicable. These are the different statutes of the ship. In recent years, they have undergone significant changes in their respective legal régimes, whose meaning and influence on the peculiarity of maritime law are studied in this thesis.Indeed, if the will of the legislator to enclose the ship in a definition since the entry into force of the transport code seems to manifest a desire to trivialize the transport vehicle and thereby mitigate its particularism, the integration of concerns and environmental requirements to the rules governing its end reveal, for its part, a necessary adaptation of the subject. This thesis proposes to show how the evolutions of the legal regime of the different statutes of the ship weaken further the particularism of maritime law, or what remains of it. The study carried out thus tends to demonstrate how maritime law, which has historically been built around the need to protect the ship against the risk of the sea by setting in motion original rules, is now more and more defined as a right destined to protect the sea against the ship. This movement is reflected in some form of progressive docking of maritime law to land law
Bouru, Michaël. "Les préjudices environnementaux. Essai sur la dualité de l'office du juge judiciaire." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0003/document.
Повний текст джерелаThe judge has authority, art, science and caution. He comes back to the litigant when he thinks his interests are injured. He has to be confident and be the guarantor of rights and duties of anyone. The judge deserves this confidence. Front to environmental prejudices, the judge has to improve a fair justice. As a matter of fact, he tries to make everyone’s rights as the ones who belong to environment per se. He is the one who contributes to the uprising of a true ecological public order. He demonstrates his ability to stop, fix or compensate damages relating to environmental harm. Despite the birth of this social and evolving environmental paradigm, the judge is part of a leverage effect in order to expand cival liability. Nevertheless, he is facing legal obstacles to fulfil his tasks. On the one hand, these obstacles are inherent to law which anihilate legal proceeding. However, the judge is not necessarily having the intellectual ressources to realise his role as a jurisdictio. On the other hand, operating procedures act as a serious break for the judge. Especially in legal proceedings where environmental issues are conducive to the common heritage of humankind and future generations. The judge has to build and maintain a true environmental action
Bouteloup, Claire. "Agir pour la reconnaissance du dommage écologique des marées noires : attachements, stratégies et justification. Cas de l'Amoco Cadiz et de l'Erika." Thesis, Paris, AgroParisTech, 2015. http://www.theses.fr/2015AGPT0062/document.
Повний текст джерелаOver the last forty years, an oil tanker has sunk off the Brittany coast of France every five years on average. Each time, the ecological damage from the oil slick has mobilised huge numbers of people to volunteer and demonstrate, and generated public controversy and criticism of regulatory procedures. Although oil spills provoke evident impacts, neither the International Oil Pollution Compensation Funds (IOPC Funds) nor French Law recognise environmental detriment as a motif for financial compensation by the operators. The damages and pollution are taken into account firstly as economic and material losses, and secondly in terms of damage to biodiversity requiring habitat restoration actions. Critics highlight the feeble deterrent and the lack of incentive for maritime oil transporters to reduce risks: in relation to their profits the costs of an oil slick to them is regarded as derisory. These critics also call for recognition of ecological damages by the law. This would allow environmental pollution to incur economic and juridical responsibilities, and for environmental harm to require compensation.This research project looks at change processes leading to the recognition of ecological damage from oil slicks. We do not add to the existing substantial debate over the efficiency or interest of integrating environmental concerns into conduct rules and the legal system, nor evaluate different methods for doing do. Instead we study the realities of ecological damage, and analyse actions for change implemented by different actors to provoke their recognition. This analysis is based on two case studies: the oil slicks from the Amoco Cadiz (1978) and the Erika (1999).We explore an alternative and wider approach to understanding the harm caused by an oil slick, by considering that it damages multiple relationships between man and the environment. Using the concept of pragmatic sociology (Thévenot, “L’action au pluriel”, 2006) we reveal the multiple realities of ecological damage in terms of the relations between humans and nonhumans. These relations cannot be described in purely commercial nor ecological terms. Using a strategic analysis of environmental management (Mermet et al., 2005), we study how actors elaborate an action for change and how the action represents environmental damage. We look particularly at how the challenge of the action leads to certain choices when qualifying the damage to the courts.Thus, the study proposes new information on ecological damage, allowing the definition to be renewed (theoretical interest). By examining ecological damage in terms of harm to human – nonhuman relations, it provides an interesting support for new forms of justification in the public arena, and promotes legal recognition of ecological damage (operational interest). Finally, the study brings together, and shows to be complementary, two conceptual frameworks hereto unarticulated in human sciences. The study reveals the multiple individual and collective realities of environmental dynamics, and thus allows a richer understanding of the implementation of an action for change than a standard analysis of collective action (Cefai, 2007)
Kupper, Rosa-Salomé. "Le sort de la créance environnementale dans les procédures collectives." Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCB004/document.
Повний текст джерелаAt the same time, in the face of trying to survive in a difficult economic context, companies must now count on increasingly heavy environmental constraints. Indeed, as a common heritage, the protection of the environment is now of general interest. The complexity of the fate of environmental claims in collective proceedings is mainly due to the difficulty of reconciling and prioritizing public economic and ecological orders. Where the former seeks to safeguard the enterprises and the jobs attached to them, the second concerns only the long-term preservation of the common heritage. This study therefore proposes to study the way in which these two disciplines interact and whether a conciliation of these two public orders can be envisaged or whether, on the contrary, solutions should be put in place that transcend these two disciplines
Touratier-Muller, Nathalie. "Le rôle et la responsabilité des “Achats de Transport" dans la prise en compte des critères environnementaux et des émissions CO2 en France." Thesis, Pau, 2018. http://www.theses.fr/2018PAUU2036/document.
Повний текст джерелаThis doctoral thesis forms part of the transportation purchasing process analysis. Several French government schemes have been introduced to raise companies’ awareness (shippers and carriers) regarding the CO2 emissions inducedby the transport of goods. The work achieved during this thesis uses these schemes as a "field study" to explore the impact of public policies and identifies levers that encourage shippers (client companies) to take the environmental footprint of products being transported into greater account
Esta tesis doctoral se inscribe en el proceso de compra de transporte de mercancías y productos. El análisis se centra en el caso francés, ya que, durante los últimos años, el gobierno de dicha nación implantó y propulsó varios programas parasensibilizar a las empresas (cargadores y transportistas) con respecto a las emisiones de gases efecto invernadero y otros perjuicios medioambientales derivados del transporte de mercancías. A lo largo de la tesis doctoral, se realizan varios estudios de caso para explorar el impacto de las políticas públicas de contratación sostenible e identificar las medidas que podrían motivar a los cargadores (empresas clientes) a tener más en cuenta la huella medioambiental de los productos transportados
Sidan, Lucie. "Le droit public face à la "capacité de charge". L'administration des territoires de la zone côtière." Thesis, Perpignan, 2020. https://theses-public.univ-perp.fr/2020PERP0035.pdf.
Повний текст джерела'Carrying capacity' becomes a notion that Public law can understand, in shore areas, but also in coastal and marine areas. Although it has been indirectly addressed through case law judgments concerning land spatial planning operations and in the framework of the environmental law and through of public authorities acts, the clear mention of 'carrying capacity' in the field of law is a recent development. This is a step forward attributed in particular to the new Integrated Coastal Zone Management (ICZM) Protocol (under the Barcelona Convention on the Protection of the Marine Environment and the Coastal Region of the Mediterranean), signed on 21 January, and entered into force on 24 March 2011. The 'carrying capacity', in its notional and functional aspect, presupposes different implications for the coastal, environmental and maritime law, but needs to be resolutely studied from the point of view of the public law. The purpose of this thesis is precisely to examine the understanding of this notion through various legal matters related to it (The public domain, the land use planning law, the environmental law, the coastal law, etc.). Also in the private law, or more precisely, as regards its use in the management of private activities (public economic law) and its legal sectoral applications (pollution law, for example). The IZCM Protocol marks the legal recognition of the 'carrying capacity' as notion. Undoubtedly, for the signatory States and their administrations, the consideration of carrying capacity, which makes it possible to control the pressures exerted on the coastal zone and to set the limits of its exploitation, is a new proposal. The competent public administrations for coastal areas, will take up this proposal, in a proactive approach to controlling the changing coastal fringe. In order not to let this impetus fall back, and from a perspective of concrete administrative science, it is necessary to consider the daily life of the active administration through urban planning, coastal and environmental law, to understand how public law appropriates, explicitly or indirectly, the carrying capacity, and if it does so, by means of which legal instruments. Nevertheless, even when engaged, the law alone does not seem to be strong in front of the exercise of measuring carrying capacity, or even carrying capacities; they seem to depend, and this is a public choice like any other, on ordered or available scientific information. In addition to all difficulties linked to scientific measurement and the uncertainties recognized, or even displayed, by the specialized sciences, there are also the difficulties arising from the willingness of administrative and political leaders: to integrate these data from the ecological reality into land use planning and to make the administrative effort to open up conciliation processes (between economic interests and protection of the elements of the environment). The whole is not favored by the context of crisis and economic development, but it is supported by the new demands of the right to a healthy environment and by several industrial and health crisis
Ionescu, Ciprian. "Biodiversité et stratégie des organisations : construire des outils pour gérer des relations multiples et inter-temporelles." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAE010/document.
Повний текст джерелаEcosystems’ preservation and the economic performance of organisations are often considered to be antagonistic. Nevertheless, ecosystems and organisations are interdependent, and they can be seen as part of the same social-ecological system (SES). The goal of our research is to identify the tools that ensure that the SES environmental and economic viability constraints we provide (i.e. ecological resilience and organisations’ profitability) are observed. After highlighting the ecological weakness of conventional neoclassical regulatory tools, we measure the effectiveness of two other categories of tools that have appeared recently and are often praised. The voluntary approaches analysed generally ensure the economic viability of organisations, but their environmental goals, which are variably reached, often ignore the complexity of ecosystems. Among the environmental accounting approaches, those considered as neoclassical regulatory tools pursue objectives that are ecologically inappropriate, whereas heterodox approaches observe our ecological constraints, but entail a significant reform of accounting policies. These results prompt us to elaborate an environmental management model, set to ensure shorter term SES viability. It lies, for its ecological effectiveness, on an adaptive management approach at the territorial level. The competitive disadvantages which might arise are identified in appropriate accounts, and these situations are addressed with using suitable redistributive processes
Oumnia, Sandrine. "Proposition d'une démarche d'accompagnement à la mise en œuvre de systèmes de management de l'environnement." Vandoeuvre-les-Nancy, INPL, 1996. http://www.theses.fr/1996INPL060N.
Повний текст джерелаKamelgarn, Yona. "Valorisation des critères de durabilité des actifs immobiliers tertiaires." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090036/document.
Повний текст джерелаIn relations with the rising concerns on sustainable development and Corporate Social Responsibility (CSR), sustainability-related topics have become a key trend in the real estate sector. This dissertation examines sustainable real estate, and investigates more particularly the value it holds for various stakeholders. Each of the five chapters focuses on different market players to analyse how sustainability-related topics are perceived, and the extent to which these perceptions shape practices. Chapter 1 questions the notion of value associated with sustainability-related features at a building level. Chapter 2 examines the value creation strategies associated with sustainability-related topics at corporate level. Chapters 3 and 4 focus respectively on the diffusion of sustainability certification schemes, and occupiers’ perceptions of their brand value. Chapter 5 explores the impacts of sustainability-related trends on the long term management of the building stock
Calvo, Élodie. "Accidents de masse et responsabilité pénale." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0323/document.
Повний текст джерелаIn times of consumerism and mass production, news has provided us examples of technological, sanitary and environmental disasters which have required criminal law. Nevertheless, criminal law doesn’t seem to be perfectly adapted to the reality of mass accidents.In one hand, it appears that the resultant of mass accidents is an assault to a group of people, goods and environmental elements affected by one single harmful event. However, considering that one of the criminal law principles is the indifference to the number of victims, the massive aspect of the mass accident is not taken into account as a resultant of the offence. Thus, these accidents can only be punished by the means of general offences. However, due to the difficulty of establishing the causal link, those offences are not easy to identify. Indeed, such damages are often caused by multiple factors, which leads us to another question about the causal sequence of events and about the certainty of each cause.In the other hand, about repression, mass accidents are often caused by legal entities, which leads us to another difficult question: the criminal liability of societies and enterprises. In the same way, mass accidents are often the resultant of private or public-decisions-makers’ actions or omissions; their link to the offence can follow various rules. The punishment for those massive accidents, especially for the environmental ones, is also a difficult question; therefore, it is necessary to adapt criminal sentences to the specificities of those situations. Eventually, the main question remains the one about the evolution of criminal law, that needs to take into account the collective dimension of massive accidents, notably by creating specifics offences
Chistyakova, Maria. "Trois problèmes sur le marché d'un produit vert : évitement fiscal, signal et différenciation verticale." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD039/document.
Повний текст джерелаEnvironmental quality having features of a public good is the subject of the thesis. In a theoretical framework, we study a means of environmental regulation of a polluting firm endowed with market power and then determine the optimal decentralized choice of environmental quality. We start with examining how tax avoidance affects the optimal second-best tax on polluting emissions in a monopoly setting. The firm is owned by shareholders who differ in their cost of tax dodging. The optimal tax should correct two negative externalities of avoidance: the firm's free-riding effect and a tax base erosion effect. This free-riding makes the regulator either impotent or unfair, depending on the severity of the environmental damage and the firm's efficiency. Next, we analyze the impact of an environmental tax on the signaling price strategy of a monopoly that communicates to consumers the unobservable information about firm's highenvironmental performance. We use the intuitive and undefeated criteria of equilibrium selection. Asymmetric information places the optimal second-best tax below the level required under complete information. In the case of undefeated equilibria selection, the tax may induce a "migration" from separating equilibrium to pooling making the firm prefer to conceal the private information about environmental quality. Finally, we show that market choice of environmental quality by a firm that internalizes environmental damage from polluting emissions is yet suboptimal
Monnier, Claire. "Gratitude et responsabilité : éducation vers une position éthique dans la relation au monde qui vit sans mots." Montpellier 3, 2008. http://www.theses.fr/2008MON30098.
Повний текст джерелаThe present ecological crisis, generated by human activities, could be the sign of an ontological crisis, an identity crisis of man in relation to nature. Due to its original indetermination, man creates self-représentations and représentations of the world, from which it does or does not allow itself to act in its environment. The processes which take part in the construction of the représentations could largely be shaped by the unconscious, in the image of the Ego of individuals. Thus, the violence, authorized and unloaded upon what lives in silence (nature), can be understood as a défensive mechanism used to deny the dépendance on the Earth lived at the bottom of the most obscure représentations, like the mother of the Origins. From this point of view, and because the relationship man-nature is an educational concern, an ethical position conceived as gratitude and responsability is becoming the stand of éducation. In this case, ethics is not based on an ontological exteriority like virtuous or moral principe. The ethical position is actually finding its source in the heart of the human identity quest from the individual’s quest to that which underlies collective représentations
Fevre, Mélodie. "Les services écologiques et le droit . Une approche juridique des systèmes complexes." Thesis, Nice, 2016. http://www.theses.fr/2016NICE0018.
Повний текст джерелаThe interest for the subject starts with the international media coverage of the "ecosystem services" concept, as stated inthe 2005, United Nations report, Millenium Ecosystems Assessment. This study postulates that human beings depend onhealthy ecosystems, through services they receive to benefit their well-being and basic needs. Concomitantly, on April21, 2004, the European directive on environmental liability, integrated ecological services in the field of repairable itemsof environment, in the case of accidental damages. The implementation, by the April 1st, 2008, law, introducedecological services in the French law, defined as functions performed by protected species and natural habitats, land andwater for the benefit of another natural resource or the public. If the concept is, a priori, unique for domestic law, theservices fit into a functional approach of nature, which conversely, is not unknown to it. Sectoral legislations, applicableto certain exploited or protected ecological systems, are already equipped with principles and tools to organize themultifunctional, the multi-usage or the multi-services. While ecological services are spreading insidiously, and are on theverge of integrating general principles, these concepts, instruments, and values conveyed by the law are being questionedonce again. Through the prism of services, we witness today the soft and profound change towards a law of complexsystems
Saint-Michel, Matthieu. "Une analyse économique de la responsabilité environnementale : application au cas des catastrophes maritimes pétrolières." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40051.
Повний текст джерелаOil spills generates highly polluted environment, synonym of strong ecological and economic losses. This pollution highlights the limits of international regulation, especially the Civil Liability system. An efficient policy, which provides the effectiveness of damage compensation for both nature and private parties on the one hand and, on the other hand, strong powered incentives sanctions, is difficult to design and to implement because of huge politic, economic and environmental stakes. Economic analysis of liability rules in the maritime oil transportation must provide theoretical elements to improve the efficiency of international regulation. As environmental liability is concerned, this analysis deals with economic and ecological damage assessment. In addition, we try to provide an estimation of environmental risk in order to specify the economic analysis of liability rules
Breteau, Lucien. "Développement durable et mutations de l'Administration territoriale." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2033.
Повний текст джерелаDespite its numerous uses in many juridical orders : sustainable development has differents meanings. On one hand, it means that the environment needs to be protected in order to guarantee rights of future generations. On the other hand, sustainable development is equally defined as the conciliation between environmental policies, economical development and social progress. Territorial restructuring drafts are confronted at this polysemous concept.In spite of this difficulty, sustainable development is consolidated by french public law in his finality as far as its means. About that, standstill principle and environmental responsability enhance this theory.Other principles contibute to sustainable development realization. Environmental democracy takes an independence compared to the classical reprensentative democracy’s concept. In reciprocity, territorial restructuring keeps an influence on public policies about this constitutionnalized notion since the 2005’s Environnemental Carta
Ferdinand, Malcom. "Penser, l'écologie depuis le monde caribéen : Enjeux politiques et philosophiques de conflits écologiques (Martinique, Guadeloupe, Haïti, Porto Rico)." Thesis, Sorbonne Paris Cité, 2016. https://theses.md.univ-paris-diderot.fr/FERDINAND_Malcom_1_va_20160930.pdf.
Повний текст джерелаHow can we conceptualize ecological issues from the Caribbean world? What are the specificities of an ecological thought from the postcolonial societies of the Caribbean? This thesis tackles these questions with an interdisciplinary approach. It starts with an historical investigation on the foundation of the colonial Caribbean world and its relations to humans and non-humans. It follows with a sociological study of contemporary ecological conflicts in the Caribbean. This includes an in-depth study of the political and philosophical issues of the contamination of Martinique and Guadeloupe with pesticides used in banana plantations, such as chlordecone. The analysis of the critical discourses and the collective mobilizations shows an ecological thought that challenges the colonial constitution of the Caribbean world: a decolonial ecology. Besides, a focus is put on certain ecological policies that exacerbate political discriminations and social inequalities, as in the case of certain reforestation projects in Haiti, or the Wildlife Refuge of Vieques in Puerto Rico. Finally, a literary study reveals how a global ecological discourse encounters an imaginary of slavery and its main figures, such as the slave ship and the Maroon, that structure relations to the land, to nature and to the world. These three approaches draw the main characteristics of a Caribbean ecology that strives to inhabit the earth and to found a world. These experiences enabled me to propose an ecological thought that has the world as the horizon: a world-ecology
Bluntz, Clarence. "Comment déterminer ensemble ce à quoi nous tenons ? Deux processus comptables de rationalisation entre producteurs et consommateurs au sein de controverses écologiques." Thesis, Université Paris sciences et lettres, 2020. http://www.theses.fr/2020UPSLD008.
Повний текст джерелаThe act of buying validates the business model and the performance of the producer, as it builds the consumer’s identity. Thus, we produce a rationale for the exploitation of nature and of mankind by determining which economic activities are acceptable to us. The goal of this work is to show that accounting systems are constitutive of this process. They match the judgments of the company and of its clients’: by linking costs and prices, they create a balance between the producer’s value and the consumer’s utility. I study the role of accounting innovations in ecological controversies: social moments during which the rationality of our actions is brought into question. Producers-consumers relations can be undone and constituted anew by accounting practices; accounting becomes a machine for asking questions and reflecting on possible answers (Mouritsen & Kreiner, 2016; Quattrone, 2015). I build on the rational myth theory (Hatchuel, 1998) to understand these moments of collective action, when rationality is rebuilt according to the mutual learnings of producers and consumers. Through an inductive analysis, based on secondary data, a netnography and interviews, I provide two empirical case studies: the Affichage Environnemental standardisation platform (2008-2017) and the “C’est qui le Patron ?!” coop (2017-2019). I put forward a genealogy as well as a critique of the rationalisation process in ecological controversies. I shed light on the dialectics of accountability which make this process possible: accounting concomitantly enables distance and closeness, opacity and transparency, acceleration and deceleration. I add to the literature by showing how the incompleteness of accounting innovations facilitates their adoption: it is this incompleteness which enables to simultaneously ask questions and make decisions. In their relationship to the producer, the consumer is neither all-powerful, nor alienated: she/he is multiple and contradictory; this is what makes collective action possible. Innovations in social and environmental accounting which mean to improve the state of the world need to take this into account
Bai, Song. "L'unification des régimes de responsabilité civile en matière de pollution marine." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1049.
Повний текст джерелаSince the Torrey Canyon oil spill, the International Maritime Organization began drafting three international conventions (CLC, HNS and bunker oil conventions) to establish civil liability for compensation for ship-source pollution damages. Claims for compensation for pollution damages (including clean-up costs) may be brought against the owner of ships which caused the damages or directly against the owner's insurer. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. Furthermore, the IOPC funds which was set up in 1992 under the IOPC convention 1992 is able to compensate the victims when compensation under the CLC 1992 is not available or not adequate. But do these international regimes work well ? And are there conflicts between the International conventions ? Certainly, the most of loss resulting from oil spills from sea can be compensated by the CLC/ IOPC system. But the compensation under CLC/IOPC is not able to be enough for the major pollution events. If the CLC, HNS and bunker oil Conventions don't set up the same scopes, these International Conventions might be in conflict in case of transportation of dangerous goods or hazardous goods by sea, because the spill of the bunker oil and the hazardous goods would cause a major marine pollution. This paper gives an overview of international liability and compensation regime, and tries to give a proposal to resolve the conflicts between the international conventions
Sow, Amadou. "Les principes généraux du droit de l'environnement et les conventions régionales dans la lutte contre la pollution marine en Afrique." Thesis, Université Paris-Panthéon-Assas, 2022. https://docassas.u-paris2.fr/nuxeo/site/esupversions/406be0fa-f17b-4618-a361-2dcb38b0f4e1.
Повний текст джерелаThe problem of environmental deterioration is not linked to the draft of new agreements anymore, even though not all fields are covered so far by the existing law, but to the efficiency of the norms in effect. Most often, law exists, but is badly applied or not applied at all. This leads to two problems: first, the implementation of law, and second, the control of its application. In this context, the African continent cannot achieve its unity and its economic development without caring of the sword of Damocles which is the global warming caused by greenhouse gases and environmental destruction. Furthermore, the OHADA (Organization for the Harmonization in Africa of Business Law) should allow Africa to significantly advance on the subject of the companies’ responsible behaviour in terms of environmental and climate protection. In order to fill this gap, the OHADA should adopt in the near future a Uniform Act concerning social and environmental responsibility. The implementation of environmental policies and the application of the norms arising from them require a cultural revolution. The young generations should receive an education which is adapted to the new ecological challenges. The principles contribute in an important way to the development of the soft law in international law, but it is even more surprising that this phenomenon is more and more important in national law. Beyond formal legal aspects, the implementation of regional agreements will be confronted to further challenges: first of all, the reinforcement of the national institutional authorities’ capacity to reconcile economic, social and environmental imperatives