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Chapitre D'ouvrage Année : 2022

Biodiversity Litigation in France: The Quest for Balance

Résumé

Biodiversity litigation is not a novel concept for French courts. Administrative courts have been dealing with biodiversity-related cases for decades. This is not surprising as the French legislator has enacted several laws concerning the constitutive elements of biodiversity (species and habitats mostly) years before the term ‘biodiversity’ was coined as a central concept of environmental governance. In this chapter, the main trends of biodiversity litigation are identified. In doing so, the potential influence of international biodiversity law on the judges’ decisions is also identified. Biodiversity litigation is a phenomenon that occurs mainly before the criminal and administrative courts, administrative courts being the most influential on the evolution of biodiversity law in France. Before the administrative courts, biodiversity litigation amounts to a balancing exercise between environmental considerations and other competing interests. In this balancing exercise, the importance of scientific expertise, especially the expertise produced by public institutions, is fundamental. Although France is heavily involved in the evolution of IBL, this corpus of law has a marginal influence on biodiversity litigation. The chapter argues that the French administrative judge should be more welcoming of IBL in order to bring about more coherence in the implementation of biodiversity law more generally.

Domaines

Droit
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Dates et versions

hal-04338822 , version 1 (12-12-2023)

Identifiants

Citer

Guillaume Futhazar, Lucas Dermenghem. Biodiversity Litigation in France: The Quest for Balance: Chapter 6. Guillaume Futhazar; Sandrine Maljean-Dubois; Jona Razzaque. Biodiversity Litigation, Oxford University Press, pp.147-C6N147, 2022, Oxford Scholarship Online, 9780192865465. ⟨10.1093/oso/9780192865465.003.0006⟩. ⟨hal-04338822⟩

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