La responsabilité, fil d'Ariane du droit de l'environnement

Ost, François
(1995) Droit et société : revue internationale de théorie du droit et de sociologie juridique — Vol. 30-31, p. 281-322 (1995)

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  • Ost, FrançoisUSL-B
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Abstract
(en) Responsibility, The Ariadne’s Clew of Environmental Law. Environmental Law is often critized for its complexity and for the vagueness of its objectives. Providing it is rethought, the institution of responsibility could represent the clew of Ariadne in this labyrinth, as well as providing the ethical foundation on which to base it. After revealing the characteristics of ecological damage, the article distinguishes no less than four aspects of responsibility that would need to be linked in a dialectic manner : (1) sanction-responsibility aspect of the offence, civil or criminal, that meets an ethical requirement but is difficult to implement ; (2) cover-responsibility aspect of the risk that, quite apart from the offence hypothesis, aims to compensate the victim of harm and cornes with Systems of mutual risk insurance ; (3) prevention-responsibility aspect that lies behind some of the most original solutions in environmental law, such as legislation on impact studies and the principle of precaution that follows from it ; (4) participation-responsibility aspect that aims to ensure everyone's participation in the management and control of natural environments : the acknowledgements of rights to procedural information, to consultation and to appeal to individuals and their associations, is closely examined from this viewpoint. The author supports the theory that a guaranteed safeguard of the environ- ment will only be achieved by the linkage of these four aspects of responsibility.
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Ost, F. (1995). La responsabilité, fil d’Ariane du droit de l’environnement. Droit et société : revue internationale de théorie du droit et de sociologie juridique, 30-31, 281-322. https://doi.org/10.3406/dreso.1995.1334 (Original work published 1995)