Дисертації з теми "Responsabilité pour dommages à l'environnement – Brésil"
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Keryjaouen, Isa. "Contribution à l'étude de la fiscalité environnementale : regards croisés à partir de la France et du Brésil." Electronic Thesis or Diss., Lorient, 2022. http://www.theses.fr/2022LORIL617.
Повний текст джерелаThe protection of the environment is not a new concern at state level and yet it is still not satisfactory and fully effective in the countries covered in this study: France and Brazil. And even if on the one hand, an increase has been observed in public debate regarding the protection of the environment by fiscal means, on the other hand, the implementation of environmental fiscal tools in national taxation systems remains marginal. Through behavioral incentive or dissuasion techniques, taxation has a particularly privileged role amongst environmental protection instruments, based on the polluter pays and prevention or precaution principles, but also on the economic theory of double dividends. However, obstacles remain, related on the one hand to the difficulty of reconciling fiscal mechanisms with other, no less important, principles such as legality, equality and budgetary universality and on the other hand to the necessity of overcoming certain economic and budgetary risks intrinsic to environmental taxation. Thus, this study aims to contribute to the current discussion by looking at the French and Brazilian perspectives, particularly regarding the formulation of environmental tax law and its various dimensions, be they in the environmental, political, economical or social domains
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.
Повний текст джерелаThe 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
d'Isep, Clarissa Ferreira Macedo. "L' eau juridiquement durable." Limoges, 2006. http://www.theses.fr/2006LIMO0519.
Повний текст джерелаWater is an element multiple functions, different manifestations and plural titles which, added up to its current state of penury, make it a scare resource, soon lacking economic value. The eminence of hydro-conflicts, due to the hydric penury, has caused the uprising of the universal right to water, which has echoed into the juridical nature of common patrimony of Mankind, reflecting its unitary character estified in the hydrologic cycle. This patrimonialization of water declared by the Law has revealed the embryonic manifestation of the juridical-economic value of water. Hydric pollution leads to the application of the pollutant-payer, a negative manifestation of the economic value of water, which has in the user-payer principle and in the principle of sustainable developement, determined its management in a sustainable, balanced, participative and integrated form. To make it possible it is necessary to have premises, values and instruments. The economic value is a fundament of the water policies – both in France and in Brazil, being instrumented into the charge for water taxes. The hydro-juridical-economic relation of this charge is provided by juridical peculiarities which must be better put into effect by means of the Law. The application of charges requires the observation of the fundamental right to water and of the principles of the management of water in the price formation, which must be done faithfully. The economic methodology is put into the service of this formation which lends some of its instruments, in the aim of accomplishing the price composition, through the ethical and solidary cooperation of its users and the application of the principle of subsidiarity which has an important subject in the local community and the Judiciary Power to fiscalize and punish its disobedience, thus assuring the legality of the juridical application of the water charge taxes
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
Bourlon, Nicolas. "Développement durable et gestion des bassins hydrographiques : Conception et mise en place d'Agences de bassin en Amérique latine." Rouen, 1997. http://www.theses.fr/1997ROUES089.
Повний текст джерелаDi, Meo Paola Anne-Marie. "Le dommage à l'environnement : esquisse d'une responsabilité, le droit italien pour modèle." Le Mans, 2004. http://cyberdoc.univ-lemans.fr/theses/2004/2004LEMA2002.pdf.
Повний текст джерелаContrary to Italian law, the French legal system does not recognise the notion of environmental damage. French law takes the environment into account only from the point of view of public health or property. Italy recognised the need for environmental protection early on; in 1986, the year the Ministry of the Environment was created, the notion of environmental damage was introduced to Italian law. This encompassed damage caused to nature itself, without repercussions on humans, their health or property. However, the question arises as to who the guardian of the environment can be? Who can represent its interests before a judge? Furthermore, the modalities for establishing liability in a case of environmental damage would be difficult to organise, as they do not fit with the concepts of the French legal system. Under French law, responsibility for environmental protection falls to authorised non-governmental organisations. In contrast, the Italian State is the guardian of the environment and has sole authority to defend its interests. The ordinary citizen can never play such a role, yet if we consider that the environment belongs to everyone, it is therefore fundamental that everyone can defend it. In the United States, this is possible through class action. In this thesis, I will first define the notion of environmental damage. I will then show that it is possible to attach a civil liability to this notion, and that this goes beyond the administrative or criminal liability which is currently admitted by French law. This, however, implies that every citizen has the right to take the environment's defence. I will seek to demonstrate that this is a viable hypothesis, if we accept that the environment constitutes personality rights or if the constitution is amended to include the right to a healthy environment. In conclusion, I will analyse the various ways in which individuals could instigate proceedings, for example by establishing in Europe the possibility for class action
Fuchs, Olivier. "Responsabilité administrative extracontractuelle et atteintes environnementales." Nantes, 2007. http://www.theses.fr/2007NANT4027.
Повний текст джерелаSocial demand for a compensation of the damage done to the environment questions the rules related to liability in the field of administrative law. According to doctrine, the confrontation between the individualistic bases of this law and the collective nature of environmental damage should result in the inadequacy of the legal categories of liability for pollution-related matters. This study demonstrates that the answer to this question is in fact more subtle. First, administrative liability is able to adjust in order to take the specificity of environmental damage into account, regarding conditions of liability as well as litigation practices. These readjustments are necessarily limited, as the administrative judge does not take environmental damage into consideration, and as there are certain general limits stemming from the nature of administrative liability itself. However, the emergence of new standards for environmental protection leads to rethinking the concept of administrative liability. Its grounds are being renewed, which generates change concerning both the conditions under which administrative liability can be appealed to and the use of this legal technique in environmental damage compensation. Administrative liability appears renewed by its acknowledgment of environmental damage. This study also highlights the fact that there are legal techniques that would allow taking even better account of the specificity of environmental damage in the field of administrative liability
Bonnieux, Claire. "La responsabilité civile pour atteinte aux éléments naturels composant l'environnement eau-air-sol." Paris 1, 2004. http://www.theses.fr/2004PA010312.
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
Comiti, Arnault. "Prevention et reparation du dommage ecologique." Lille 2, 2000. http://www.theses.fr/2000LIL20018.
Повний текст джерелаLanoy, Laurence. "Remise en état et droit de l'environnement." Paris 2, 2000. http://www.theses.fr/2000PA020080.
Повний текст джерелаEnvironmental law has set up an interesting mechanism in regards to environmental clean-up. In fact, ecological catastrophes that often have irreversible consequences coupled with the risks resulting from a technological society that has spiraled out of control, has led to an increase in public awareness. Society now admits its own responsability regarding the environment and takes the required measures in order to clean-up the damage caused by pollution. The clean-up witch consists of returning the environment to its original state is the particular response of environmental law to the specific features of the ecological damage. The obligation to return the environment to its original state which has no clear legal origins, due to the specificness of recent law, now covers many areas. Then, how is it set up, how can it be defined, which obstacles is it faced with? Finally, what are its theoretical foundations? This study is an attempt to find some answers
Paoli, Nino. "La construction juridique de la responsabilité environnementale en Italie." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32017.
Повний текст джерелаSince the '60, the reinterpretation of Article 2043 of the Code civil, as a "general clause" of responsibility for "unjust harm", led to hits specification by I) a common culpable figure II) several figures without fault links the "risk", from the pursuit of dangerous activities and for the facts of the things, that are applied in this field, with the laws of sector. The extension of the clause to "public environmental damage" caused by public officials by the Court of Auditors had given the landscape protection by law and "diffuses interests" who are linked, interpreted referring to the principles of Constitution, with re-elaboration in the administrative framework of forms of compensation. Based on economic analysis of law, Article 18 of Law n. 349/1986 provided for the environmental damage, in case of violation of sectoral law, which requires repair with respect to State. It was interpreted by Constitutional Court as an damage caused to the "common things", surpassing injuries rights, and as an autonomous damage, subject to the ordinary courts, and by the Court of Cassation as a particular "species of genus aquilien". Since the year 1997, where provide 1) special processes for "danger of harm", produced without fault, by the initiative of the operator or local agencies 2) the extension of legitimacy to repair of local organizations. The Text Unique environmental of 2006 superimposed preventive actions and an administrative procedure on the ministry remedial action, the regions and these agencies excepted. The decisions of the Constitutional Cour and of Cour of Cassation and the corrective decrees has retake the "continuity" of environmental liability
Gonçalves-Gojosso, Christine. "Les risques environnementaux dans l'entreprise sous les aspects pénaux et assurantiels." Poitiers, 2006. http://www.theses.fr/2006POIT3011.
Повний текст джерелаThe parallel between insurance and criminal law can appear surprising the disciplines so much seem opposite. However, the study of these matters in the context of the environmental constraints imposed on the companies highlights of many common points. Guided by the same philosophy, the disciplines use of the same means to arrive at the same ends among which prevention. In the case of supervening of an environmental damage, they are complementary. They thus allow the company, author potential of a damage, to make the environmental risk controllable. For as much, they do not manage to neutralize any risk, is because of an insufficiency or imperfection which is their own, is because of an external pressures related to the risks themselves. In fact then, the victims suffer from it
Rebeyrol, Vincent. "L'affirmation d'un "droit à l'environnement" et la réparation des dommages environnementaux." Paris 1, 2008. http://www.theses.fr/2008PA010260.
Повний текст джерелаHuteau-Mouglalis, Alexia. "Déchets ménagers : le transfert des responsabilités opérationnelles et financières vers le producteur initial : étude de droit comparé franco-italien, les exemples des villes de Nantes et de Naples." Nantes, 2008. http://archive.bu.univ-nantes.fr/pollux/show.action?id=5b17586c-1392-4e8b-bb91-bed0bdf7c877.
Повний текст джерелаLa produzione di rifiuti, intrinseca all’attività umana, è sempre stata fonte di problemi e rischi ambientali e sanitari. Inizialmente concepiti come i residui del nostro consumo, i rifiuti erano percepiti solo tenendo conto del loro valore negativo come fonte di inquinamento. Grazie alle evoluzioni tecnologiche e normative, le attività di valorizzazione trasformano il valore negativo connesso alla nozione di rifiuti in un valore economico positivo. Questa tesi ha l’ambizione di dimostrare quanto sia importante scegliere le modalità di gestione e di valorizzazione dei rifiuti urbani, in termini di conseguenze economiche ed ambientali. Una constatazione è fatta: le difficoltà incontrate dall’attuale pubblico servizio di valorizzazione per raggiungere gli obbiettivi normativi e per esercitare un’influenza sui modi di consumo e di produzione, ci invitano a proporre un modello alternativo. In un contesto di uniformazione comunitaria ed attraverso le questioni di integrazione delle politiche ambientali ed economiche, la possibilità di elaborare un dispositivo giuridico di regolazione del trasferimento delle responsabilità operative e finanziarie dall’autorità organizzatrice del servizio verso il produttore iniziale del prodotto è stata dimostrata. Essa consiste nel promuovere l’attuazione di una politica globale di gestione dei prodotti che mira a dare avvio ad un’economia a basso consumo di risorse naturali, più competitiva e più sostenibile. Da un lato il regime giuridico del pubblico servizio di valorizzazione dei rifiuti urbani (come presentato negli ordinamenti francese ed italiano e secondo la sua concessione in diritto comunitario) è stato analizzato attraverso gli esempi delle città di Nantes e di Napoli. Dall’altro la sua liberalizzazione economica, via la tecnica contrattuale, associata agli strumenti di diritto pubblico economico, è stata esaminata. L’obbiettivo è quello di consentire la piena attuazione del principio di “chi inquina paga”, che esige che i costi di raccolta e di trattamento siano sostenuti dai produttori proprietari dei detti rifiuti
Regarding the technological evolution and changing regulatory practicies that create real possibilities of transforming waste into an economic benefit, this thesis has the ambition to deal with fundamental question of waste management by focusing law towards a corporate responsibility with a special regard to environmental consequences
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
Borges, Leonardo Estrela. "Les obligations de prévention dans le droit international de l'environnement." Paris 1, 2013. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/les-obligations-de-prevention-dans-le-droit-international-de-l-environnement-et-ses-consequences-dans-la-responsabilite-internationale-des-etats-51378.
Повний текст джерелаBrüggemann, Anna. "La reponsabilité délictuelle en matière de pollution de l'environnement en droit français et en droit allemand." Paris 10, 2009. http://www.theses.fr/2009PA100143.
Повний текст джерелаThe subject of this thesis is a comparison of the legal norms with regard to the liability from pollution of the environment in France and Germany. This comprises all norms which provide compensation for damages mediated through the environment, for example damages mediated by water, air or soil, or caused by noise. The rules of liability among neighbours, the rules of strict liability and of liability in tort are compared with special regard to the typical problems which arise in cases of environmental pollution. These are in particular the determination of causality, the influence of public law and the compensation of purely environmental damages. Finally, the introduction of a strict liability in environmental law on the level of the European Union is proposed
Malaval, Frédéric. "Apport des techniques assurantielles au developpement durable. Un cas concret : l'assurance des atteintes a l'environnement." Cergy-Pontoise, 2000. http://www.theses.fr/2000CERG0115.
Повний текст джерелаBarbara, Jane. "Les normes relatives à la réduction de la pollution de l'air et la sanction des faits de pollution." Grenoble 2, 1997. http://www.theses.fr/1997GRE21039.
Повний текст джерелаThis law study is an analysis of air pollution in all its aspects. After a brief presentation of the technical, scientific and medical characteristics of this multiform pollution, it intends to defme the legal problematics of this subject under its two aspects : normative (in the first part) and contentious (second part). These two aspects are treated on the international (and european) as well as on the internal plane (with references to the general principles of civil,penal and administrative responsibility). Therefore, it appears that, on the one hand, norms, though increasingly numerous, are still insufficient : as an example, they avoid the liability problem in international law or they remain too sector-based or technical and they don't allow any deep questioning of the policies in the fields of energy, national and regional development, transport or armament and development of the outer space law either. On the other hand, except some rare specific procedures, the general principles of responsibility still have to be adapted to the specific problems raised by air pollutions. It turns out to be all the more necessary in the fields where the working out of norms is the subject of a negociation between the state and the polluters and leaves room to the utmost juridical insecurity
Tomadini, Aurélie. "La liberté d'entreprendre et la protection de l'environnement : contribution à l'étude des mécanismes de conciliation." Dijon, 2014. http://www.theses.fr/2014DIJOD010.
Повний текст джерелаAkpoué, Brou. "Le droit privé de l'environnement." La Rochelle, 2009. http://www.theses.fr/2009LAROD018.
Повний текст джерелаThe rules of environmental protection are essentially those of public law. However, the violation of these rules is a source of damage. To repair these damages requires the implementation of rules of civil liability. These civil and trade cases contribute to the emergence of private law of the environment. This aspect of law deals primarily with compensation. Also, environmental damage is very specific. This explains why some concepts borrowed from civil law have been adapted to the end of finding the perpetrators, or more precisely, those required to repair the ecological damage. Furthermore, there is a mechanism in place for preventing ecological damage, but it is limited. It is therefore possible to adapt certain rules belonging to private law in order to develop the prophylactic function of the private law of the environment. It seems possible to instrumentalize the rules of tort law and contract. In addition, it is possible to modify the rules of property right to prevent environmental damage
Bonnel, Guillaume. "Le principe juridique écrit et le droit de l'environnement." Limoges, 2005. http://aurore.unilim.fr/theses/nxfile/default/71a9d22a-737d-404e-9a61-fdd0e50bc8dc/blobholder:0/2005LIMO0501.pdf.
Повний текст джерелаThe research uses the concepts of theory and philosophy of law to explain how environmental law has been using explicit principles. It firstly begins to try to specify the notion of "explicit principle" itself, showing it is under the influence of two paradigms – the paradigm of transcendance and the panlegist paradigm – that determines the way law used it. Then the research analyses the ways environmental law uses this notion, so as to check the hypothesis of an appropriation that could lead to a specific use. This hypothesis, the "formal empathy of law", which says that law techniques can adjust their forms to suit their objects when they have a peculiar influence, tries to verify if environmental principles are specifical in comparison with the other explicit principles used in other fields of law. In order to show this, environmental law principles, in the constitutionnal and legislative fields, are compared with the other explicit principles of french law, first as ways of expressing norms, and then as means of justifying jurisprudence decisions. The research shows that environmental principles are stimulated by the formal empathy of law as a way of expressing norms, but that their efficiency as a mean of justifying decisions is limited by the textual centralism that distinguishes the justification practises of judges
Sabran-Pontevès, Elzéar de. "Les transcriptions juridiques du principe pollueur-payeur." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32023.
Повний текст джерелаSaint-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
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
Boulaire, Fanny. "Les responsabilités en droit des installations classées pour la protection de l'environnement." Artois, 2004. http://www.theses.fr/2004ARTO0301.
Повний текст джерелаThe responsability for industrial activity is about to be seen like a busted matter of law. Busted because of the diversity of applicable rules; busted because of the diversity of persons who are concerned and because of concerned jurisdictions. Then, the diversity of foundations and systems of responsability incite to doubt whether only one responsability exist for that litigations; Moreover, the exam of rulings about industrial damages allows us to conclude that they are not effective as far as responsability of industrialists and police authority is concerned. Finally, all the rulings express the idea that classic responsability is unable to allow an integral compensation for industrial damage. That statement incite to study the others juridical control ways, and more particularly the "pollueur-payeur" principle and the precaution principle. Those principles let us think that they are able to question easier the concerned persons. More than that, the studying of others juridical control ways shows that negociation between the police autority and industrialists is vital; it permits the predisposition more than the compensation of industrial damages. That last idea shows the necessity of reconcile the juridical definition and the philosophical definition of responsability for industrial damages
Courtaigne-Deslandes, Coralie. "L'adéquation du droit pénal à la protection de l'environnement." Paris 2, 2010. http://www.theses.fr/2010PA020044.
Повний текст джерелаVignon-Ollive, Brigitte. "Le principe pollueur-payeur : un état du droit positif." Nice, 1998. http://www.theses.fr/1998NICE0034.
Повний текст джерелаTugas, Antoine. "Risque technologique et responsabilité de la puissance publique : Antoine Tugas." Toulouse 1, 2004. http://www.theses.fr/2004TOU10052.
Повний текст джерелаCollective security is likely to be endangered by a certain number of risks, of which most typical of the post-modern techno-scientist societies is the technological risk. Seized by the Law, the "major technological risk" (P. Lagadec), was focused around two major axes which are the prevention policy and its necessary corollary, the legal responsability. Prevention, therefore, upstream of the risk, by the means of a multitude of special rules, intern or international, interesting the law of the "installations classes"so much classified that right of town planning or right of environment, emanating from very diversified authorities, which aims evaluating and at framing them risks. Legal liability, also, when occurs a catastrophic event, specific or serial, which aims to the compensation for the damages, oscillating then between compensation and guarantee with the liking of multiple occurences, to which apply disparate benefit arangements. It is on such bases that we will propose a work which wants to be at the same time synthetic and prospective. Thus, we will initially propose to count the ways of right offered by such a dispute (implemented of the responsability, by the victims, of authors of the damage, in front of the two orders of juridiction-mode permits, general and special policies, regulations of town planning) in order to point its disparities and its insufficiencies. Then we will attach to propose alternatives to the current modes, made up by the precautionary principle, registering us by in the current debate of the place of the technological risk in the contemporary society. Discusses which can succeed only if we integrate into the various risk prevention policies a coherent system and a total answer to the question of liability for the technological catastrophes
Kandil, Said Elsayed. "L'assurance-responsabilité contre les risques de pollution." Paris 1, 2000. http://www.theses.fr/2000PA010343.
Повний текст джерелаYastrebkova, 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.
Повний текст джерелаThe 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
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 джерелаN'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
Dessain, Vincent. "La communication extra-financière des entreprises : déterminants et enjeux : une analyse comparative d’entreprises dans plusieurs pays européens." Paris 8, 2012. http://www.theses.fr/2012PA083446.
Повний текст джерелаIn recent years, non-financial reporting of companies, primarily multinationals, has spread widely. Nonetheless the institutional framework of corporate social responsibility (that includes the social and environmental aspects) of a company lacks rigor and transparency. In parallel, companies are developing corporate social responsibility (CSR) practices that are pertinent and value creating for stakeholders such as employees, suppliers and customers. With several case studies, we analyze the practice of corporate social responsibility in several countries and company cultures that are very international. The context within which corporate social responsibility is taking hold plays an important role in its practice and measurement (Key Performance Indicators, Dashboard etc. ). We then present a framework of analysis where corporate social responsibility is institutionally integrated so that companies in turn can design their own corporate social responsibility in practice, in measurement and for reporting purposes
Pellé-Culpin, Isabelle. "Du paradoxe de la diffusion d'information environnementale par les entreprises européennes." Paris 9, 1998. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=1998PA090034.
Повний текст джерелаThis thesis studies the determining factors for environmental reporting by major European companies (German, British, French). In a first step of our research, we raise a paradox. Indeed, as far as environmental reporting is concerned neither legal obligations, nor instructions of neo, classical economy do exist. However, our review of literature, and a detailed content analysis of a sample of annual reports establish the existence of environmental reporting practices. The content analysis was undertaken on 81 large European companies in highly polluting industries. Beyond this newly defined paradox, we use stakeholder’s theory to explain environmental reporting. A questionnaire was used in this second step of our research. It was sent to our sample's companies. The results show a small perception of the shareholders' demand for environmental information. On the contrary, ethical stakeholders seem to have great demand, but they are not the privileged target of the companies. Finally, this research points out the high level of complexity of environmental reporting processes. It suggests the necessity of using a theoretical framework going beyond the purely economic aspects of this reporting
Neyret, Laurent. "Atteintes au vivant et responsabilité civile." Orléans, 2005. http://www.theses.fr/2005ORLE0003.
Повний текст джерелаUgo, Émilie. "Préjudices environnementaux et responsabilité civile." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1087.
Повний текст джерелаThe scientific conclusion is clear: we are experiencing a global environmental crisis and endemic. Moreover, we are not aware that most of the environmental damage proceeds from human activities, including exploitation activities dangerous to the environment. Private persons are directly concerned. Yet the study of positive law makes clear that our traditional civil liability mechanisms do not respond appropriately to the specificity of environmental damage, including the need for prevention. Our thesis project is to go beyond current legal gaps and inconsistencies in order to identify a suitable system of civil liability. To do this, it is imperative to engage in a process of conceptualization of environmental harm. Indeed, this preliminary approach throws new update existing imperfections and reveals the full potential of the law of civil liability. In this perspective, our work tends to show that the conceptualization of environmental damage must be "unitary". To be more precise, the "unitary concept of environmental damage" is based on two complementary approaches. The first reveals the existing unity between environmental damage and man. As for the second, it supports a broad definition of environmental damage in terms of environmental risks caused by hazardous activities. This approach is all the more virtuous it encourages and justifies the deployment of the system of civil liability in the matter
Sutterlin, Olivier. "L'évaluation monétaire des nuisances : éléments de réflexion au carrefour des raisonnements juridiques et économiques en matière environnementale." Paris 5, 2010. http://www.theses.fr/2010PA05D009.
Повний текст джерелаThe monetary valuation of environmental injuries caused by human activities is a major. Preoccupation since the ecological movement sprang up, in the 1960's. Every ecological disaster revives the interest in this issue. Economists have developped some new methods in order to estimate environmental injuries in monetary terms. Though the validity and reliability of those methods are principally questionned, the controversy is more deeply rooted in the legal approach of environmental injuries. When called upon, the traditional Tort Law's mechanisms proved to be insufficient and their evolution was required. Generally speaking, the development of environmental economics interrogates the efficiency and adaptability of Environmental Law. A continuous cross-disciplinary dialogue is more and more needed so as to adopt common, meticulous, harmonized and understandable valution methods. Nevertheless, if the legal basic notions and general principles may enrich at the contact of economics, the limits of this process shall be analyzed
Martinez, Sylvain. "Evaluation du coût global d'un produit par le couplage de ses performances environnemnetales et économiques." Troyes, 2012. http://www.theses.fr/2012TROY0013.
Повний текст джерелаThe aim of this thesis is to analyze the economic aspects of eco-design, so as to develop tools with the purpose of initiating a discussion between the people in charge of eco-design, top management and financial executives, as well as developing a business case for customers. If eco-design can improve the ecological footprint of a product, by acting directly at the design stage, the additional costs are usually the only elements visible at first. Eco-design couples an intelligent and an ecological redesign; it is thus possible that a eco-designed product will yield economic gains at one or all of the life cycle stages of for society as a whole. Conversely if its global cost is higher than the cost of a standard product, one can legitimately want to know what stages of the life cycle are concerned. This thesis proposes a methodology which combines tools which provide answers to these questions, by comparing a standard product with an eco-designed one. The following tools are combined with each other: manufacturing cost calculations, life cycle costing, life cycle analysis, external cost evaluation. The methodology was tested on two Schneider Electric products: an insulating tie rod, and a medium voltage circuit breaker. For each case study, a standard product was compared to an eco-designed one
Ebert, Chloé. "Le régime juridique des immersions en milieu marin." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32073.
Повний текст джерелаPollution resulting from dumping operations is ruled by various international texts of which contents has been transposed for most of it in our internal law. The subject of the present study is to set out the legal system of dumping as it results from all these texts. In this perspective, it has been necessary to define first the operation of dumping by determining the action from which it results on the one hand, the substance which is the object of it on the other hand. So it has resulted from this, that the operation of dumping supposes a voluntary action, of which the aimed finality is to eliminate a substance, which will be susceptible to have a harmful effect on the marine environment in which is dumped. The legal nature of the operation being ascertained thus, the study of its conditions showed an important evolution of its legal system. At the beginning the operation could be authorized from the moment the substance which was to be dumped was not expressly mentioned by the texts. However as the evolution of the environmental law went on and notably as certain principles raised to the status of fundamental principles appeared, the tendency has been reversed. The operation will be forbidden, unless it relates to certain substances exhaustively listed by the texts, and within certain precise conditions which will have to be abided by
Gagnon-Rocque, Ariane. "La peine en droit de l'environnement canadien : de la sanction dissuasive à une approche centrée sur la réparation de l'atteinte." Master's thesis, Université Laval, 2011. http://hdl.handle.net/20.500.11794/22832.
Повний текст джерелаEn raison du peu de doctrine portant sur la pénologie environnementale canadienne, le présent mémoire visait d'abord à présenter le portrait du paysage juridique en cette matière. Ce faisant, il est rapidement apparu que la détermination de la peine en droit de l'environnement par les tribunaux canadiens souffrait de certaines lacunes, principalement au niveau de l'importance accordée à l'objectif pénologique de la dissuasion. Cet accent indu menant à l'imposition de sanctions pénales aussi inefficaces qu'ineffectives, une nouvelle approche devait être offerte aux tribunaux canadiens. Il s'agit donc du second objectif du présent mémoire. S'inspirant de la philosophie de la justice réparatrice, une approche centrée sur la réparation de l'atteinte découlant de la commission d'une infraction environnementale est proposée aux tribunaux canadiens afin que la peine imposée puisse s'avérer aussi efficace qu'effective et s'harmoniser au particularisme du droit de l'environnement.
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
Demerseman, Natasha. "La gestion du risque environnemental par la technique assurantielle." Thesis, Montpellier 1, 2013. http://www.theses.fr/2013MON10008/document.
Повний текст джерелаEnvironment is a fairly new concept considered as a top issue. It has become a key factor for companies which have to take into account risks and impacts related to their activities. They have to adapt themselves to more and more restrictive and demanding rules. Today, environmental stakes concern at international level but also at national one too. In a overall approach of the environmental risk management, insurance companies play a key role. The technical practice in the insurance world is a critical tool to raise awareness and to fix environmental damages. It is only by doing a very deep study that we will be able to find outhow insurance companies deal with environmental risks related to manufacturing activities
Dorigny, Julien. "La notion d'environnement en droit pénal français et canadien." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/38199.
Повний текст джерелаThe protection of the environment through penal law is a real challenge for the future. However, it is enough to look at the substance of the protection regime to see that it contains a number of specific features that still make it insufficiently effective. It will therefore be necessary to study the penal law's understanding of the notion of the environment, both in Canada and in France, from a comparative law perspective, through the common core of penal offenses. However, to understand how we protect, we must clearly identify what we are protecting. It will therefore also be a question of studying the very definition of the environment as protected by penal law. All this will make it possible to more effectively identify what constitutes the notion of the environment in French-Canadian penal law.
Monpion, Anne. "Le principe pollueur payeur et l'activité agricole dans l'Union européenne." Limoges, 2007. http://www.theses.fr/2007LIMO1005.
Повний текст джерелаThe agricultural activity, as it done in Europe, is a source of pollutions. Indeed, the common agricultural policy (CAP), which is based upon productivity, has played a great part in the realisation of important environmental damages caused to natural resources. The polluter pays principle, one of the foundations of the common environmental policy, seems to be resolutely put aside ways enforced to struggle against agricultural pollutions. The both pillars of the common agricultural policy have in some way set up that enmity. The first pillar, which has disconnected the prices of agricultural products from market signals, doesn't allow producers to internalise external costs. Regarding to the second pillar, it tries to struggle against agricultural pollutions by financial supports whereas the polluter pays principle is a no subvention principle. The common environmental policy, in accordance with the integration principle, represents another way to fight against those pollutions. Unfortunately their diffuse nature is an obstable to the enforcement of the polluter pays principle by environmental regulation. The diffuse nature of the pollutions makes the identification of the polluter impossible. So the enforcement of the preventive and curative functions of the polluter pays principle is very difficult. However, improvements have been carried out thanks to the continuous reform process of the CAP which indirectly promotes the enforcement of the principle. It doesn't mean that it leads the common policy of fight against agricultural pollutions. It seems to be definitively banished from that sector which means that the society bears the load of environmental damages costs
Doiron, Martin. "Réduire la pollution ou réduire la production ? Allocation des réductions d'émissions en présence d'effet d'apprentissage." Thesis, Université Laval, 2007. http://www.theses.ulaval.ca/2007/24354/24354.pdf.
Повний текст джерелаJaworski, Véronique. "Les bruits de voisinage : éléments juridiques des politiques de lutte au regard de l'état actuel de l'environnement sonore et de son évolution." Strasbourg 3, 2000. http://www.theses.fr/2000STR30010.
Повний текст джерелаNoise has become the first pollution in everyday life. It affects man in his most treasured possession: health and quality of life. But the fight against neighburhood noise changes slowly, due to its low political priority and to its unclear objectives. However, legal tools and institutions are numerous and are developing. Many statutory and regulatory provisions deal with this problem in the area of transport, city planning, activities and noisy objects. The passing of a special law, dated december 31, 1992, relating to noise prevention, gives priority to prevention, control and monitoring actions, to the new basic principles of overall noise pollution prevention policies. But this framework law is simply an addition to existing texts scattered in differents codes and laws. It does not fix any of the law's inadequacies, which law remains heterogeneous and complex, and difficult to implement. Noise pollution prevention should be perceived by all as a major challenge, which should be part of overall long-term policies. Faced with this pollution, which often leads to difficult to repair damage or generates inextricable situations, prevention should be preferred. The profusion of applicable rules in the area of noise tends to institute a modus vivendi in neighbourhoods. Even so, it may be necessary to react to a breach of a neighbour's peace, using liability and criminal and/or civil sanctions. Both main lines of the legal fight against noise are prevention and sanctioning, and can, in the framework of overall anti-noise policies, be combined, successive simultaneous to, or supplement one another
Sutthiprasid, Ganniga. "Le contentieux administratif environnemental en droit comparé franco-thaïlandais." Montpellier 1, 2008. http://www.theses.fr/2008MON10068.
Повний текст джерелаThe comparative study of the French and Thai laws will be done in this thesis, regarding the protection of the rights of environment in the administrative contentious process. Since the specificity of the environment matter will be taken into consideration by both French and Thai judges, it is stated that the inefficiency of administrative contentious controls. Such inefficiency results from diverse reasons, notably from the fact of the insufficiencies and inappropriateness of the administrative contentious rules, and from the administrative judge’s hesitation to interpret this matter in adapting way. There are some special differences between French and Thai juridical interpretation concern with the urgent treatment by a single judge, the interim suspension by himself, the notion of being an interested party for prosecuting in court, the measure of the execution of decisions and the value of the general principles of environmental law etc. For the orientating the process in order to render efficiency, the transformation of rules of administrative litigation in both countries would be desirable, as well as the encouragement to enhance the active role of the protectors in this theme that mean the administrative judge, the administrative authority, the demander and notably the associations of environmental protection has been successfully worked in France
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