Juridictions environnementales : les leçons du droit comparé

Over the last thirty years, many countries have set up courts specialising in environmental matters. Green courts have found their place in Common Law and Civil Law systems, as well as in the many mixed systems that have developed in the South, on the remnants of colonial empires. The lessons result...

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Hlavní autor: Colson, Renaud
Médium: Article ou chapitre numérique
Jazyk:Français
Vydáno: 2024
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On-line přístup:Accès Université d'Orléans et IFPM
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Shrnutí:Over the last thirty years, many countries have set up courts specialising in environmental matters. Green courts have found their place in Common Law and Civil Law systems, as well as in the many mixed systems that have developed in the South, on the remnants of colonial empires. The lessons resulting from these institutional experiences are rich: they could be the subject of various comparisons designed to highlight their commonalities and differences, as well as case studies that present in detail particular national courts. This article combines the two perspectives, firstly providing for an overview of the global trend towards the development of environmental courts, and secondly describing a particularly remarkable example of a green court: India’s National Green Tribunal. From this overview, it is possible to draw some conclusions about the hypothetical transfer of such a jurisdictional model to France.