Environmental Economic Law: Actors and Methods

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Organizer: Jennifer Bardy (University of Côte d’Azur-GREDEG), Raphaël Brett (University of Paris-Sacre-IEDP), Marie-Alice Chardeaux (University of Paris-Est Créteil-MIL), Aude-Solveig Epstein (University of Paris Nanterre-CEDCACE and NYU) Abu Dhabi), Aurélie Tomadini (University of Burgundy-CREDESPO).

Support the organizationno : Huê Gasaroux, PhD student (Parinantere University-CEJEC)

General presentation
Economic law is in the process of ecology, and this dynamic movement leads to a reconsideration of the subject and method of economic law on the one hand and environmental law on the other.
From corporate law to international trade law, including public procurement law and competition law: The field of economic law today does not seem to escape greening. It is a new generation of environmental law that is emerging in doing so. This economic and environmental law is largely developed and enforced by non-state actors, in contrast to the traditional administrative environmental law, which is formally controlled by public institutions and applies to industrial facilities and projects on national territory. It has been. Capacity for cross-border projection. Large companies in all sectors play a leading role in this new normative situation, raising many questions. How can we guarantee the validity and legitimacy of the environmental standards created by these private economic powers? Assuming these criteria are effective, they can illegally block new entrants’ access to the market or strengthen the disciplinary action of current economic giants against various links in the globalized value chain. How can you prevent it from happening? Public institutions in developed countries may have the means to better regulate the environmental regulatory activities of multinational corporations in the future. No matter what happens to the project in this direction, other parties, especially environmental protection associations and trade unions, will be in the position of co-regulators. The symposium is represented by this increased participation of those who, under the qualification of “Stakeholders”, intend to influence the setting of acceptable ecological risk levels in the global value chain. It will be an opportunity to discuss possibilities and challenges.
With the recent ecology of economic law, the economy of environmental law is actually old. Indeed, the practice of presenting environmental regulations as authoritarian and anti-economic “command and control” regulations has been adopted since the 1970s, although this presentation is traditional but ideologically biased and historical. Turned out to be inaccurate. From the beginning, environmental law has provided an important place for both negotiations and economic discussions with regulated bodies regarding the content and implementation of standards. Environmental regulations have been described as one of the pioneers in modernizing industrial tools and increasing the competitiveness of regulated companies. Therefore, the symposium does not discuss the very principle of integration of ecological and economic debates, but in particular the benefits of mobilized economic debates, and in return, decisions that are considered “economic”. Justify greening. In fact, the inadequate ambitions of the ecological standards adopted today are largely due to the fact that economic debates are taken into account in the equations, such as the type of debate called and how to assess environmental damage. Often not used, the procedure for establishing the line between economic and environmental decisions. For this reason, there are many expectations from an analysis of the economic implications of environmental decisions that they will be more robust and more attorney-controlled. By visualizing false pretensions and translation errors that result from certain legal borrowings from economics, the legal system has the full ability to arbitrate conflicts of values ​​that economics alone cannot resolve. You can recover.
Eau de Solveig Epstein, under review.

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