Les instruments juridiques de la protection des intérêts diffus et des biens collectifs :
SUMMARY LEGAL INSTRUMENTS FOR THE PROTECTION OF DIFFUSE INTERESTS AND COLLECTIVE GOODS : THE ROLE OF PRIVATE ACTORS AND THE RETURN OF PUBLIC POWER This paper starts with the presentation of a few venues for a research programme. Contemporary and comparative legal history could try and find out...
Salvato in:
| Autore principale: | |
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| Natura: | Article ou chapitre numérique |
| Lingua: | Français |
| Pubblicazione: |
2003
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| Accesso online: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Riassunto: | SUMMARY LEGAL INSTRUMENTS
FOR THE PROTECTION OF DIFFUSE INTERESTS
AND COLLECTIVE GOODS : THE ROLE OF PRIVATE
ACTORS AND THE RETURN OF PUBLIC POWER
This paper starts with the presentation of a few venues for a research programme.
Contemporary and comparative legal history could try and find out more about the
correlation between globalisation, regionalisation (especially European
integration) and the loss of impact of notions such as the general interest as a
standard for legislators and judges, and their substitution by more sophisticated
techniques. The most promising fields to be covered appear to be the regulation of
public utilities, environmental law, and the rules on liability relating to the exercise
of public authority.
The paper then tries to examine to what extent the traditional mechanisms of
diplomatic protection remain central in the adjudication of global transnational and
international issues. National governments, and especially Foreign Ministries or
Trade Representatives continue to play a major role in representing interests, thus
limiting access to global adjudication to those interests who are able to directly
obtain it on the domestic level. A comparison between Section 301 of the 1974 US
Trade Act and the 1994 EU Trade Barriers Regulation draws attention to the specific
advantages of mechanisms that are being built and implemented at regional rather
than domestic level.
The paper then tries to deepen the analyses of the issues concerning access to justice
in the context of globalisation : to what extent can remedies be made available to
individuals and for the protection of diffuse interests ? The experiences of the EU
judicial system on the one hand, and,on the other, with the recently adopted Århus
Convention on access to information, public participation in decision-making and
access to justice in environmental matters show how domestic judiciaries can be
involved in becoming the judges of globalisation issues. Rather than focusing on
establishing global institutions for the solution of legal issues, thinking about how to
relate the institutions of different legal systems to one another appears to be a
promising way forward. |
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