Les dynamiques du contentieux climatique : anatomie d'un phénomène émergent

Abstract : The assessment of the trial as a means of amicably settling conflicts with a view to promoting "social peace" is an interesting hypothesis to be developed in the case of climate litigation, where the overall problem of climate change is met with strong resistance international, regional and often national level. The courtroom has become the locus of resolution of certain disputes related to this global phenomenon with national or local repercussions. This reflection invites us to come out of a binary conception of rights, founded on an original dichotomy between the law and the praetorium, in order better to grasp all the social complexity of the creation of the law, especially in the case of a multi-faceted problem such as climate change. At the same time, and because of the case of climate change, the scope of a fundamental right of everyone to "a healthy and safe environment for the survival of mankind" emerges strongly, expectations climate justice and new rights to the impacts of climate change on society. This need for justice in subjective rights is in keeping with the growing importance of fundamental rights, which implies increased responsibilities for the State (based on international obligations but also regional and national obligations) and for business and industry. In this context, the courtroom becomes the place where citizens, associations, local authorities, victims of climate change, demand the commitment of the responsibility of the State and / or companies emitting GHG) or at least a change behavior, in the name of a right to a healthy environment, a duty of care of the citizens towards the citizens (Duty of Care) or calling for the application of the Public Trust doctrine.
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Submitted on : Monday, September 18, 2017 - 7:49:17 PM
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Marta Torre-Schaub. Les dynamiques du contentieux climatique : anatomie d'un phénomène émergent . 2016. ⟨hal-01589686⟩

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