The role of private persons in the protection of ecosystems in the French Law. The case of Notre-Dame-des-Landes.

Abstract

Two main lines answer the conference themes. One tables the balance, between the protection of ecosystems and the human activities, in terms of legal interests. Another addresses the issue of the management of ecosystems with legal instruments. The protection of ecosystems is a public interest, that is a need to the benefit of all and outweighs private interests[1]. These different interests converge on the legal principle of complementarity between ecosystems and professional or business activities (agriculture, aquaculture, sustainability of forest management)[2]. The understanding of the linkages between these various sectors and ecosystems precedes the willingness to act with more responsibility according to the principle of ecological solidarity to switch from action to a commitment[3]. Does the desire to act to protect ecosystems only answer to economic advantages[4] ? The facts show different patterns to rethink the action of private persons. On a cultural and spiritual level, protecting ecosystems affects the person’s identity, collective imagination and the sense of belonging to a community. At a political level, protecting ecosystems expresses a real need to participate in the res publicae as a citizen in a given society. The private interests can refer to altruism and solidarity since they would offer more protection to ecosystems than the economic vision of public interest viewed by the State. Protecting measures lead sometimes to develop human, material and financial resources and should be secured legally for the long term. In order to achieve this, the French law provides a wide range of instruments to frame the action of private persons. Their effectiveness to manage ecosystems depends on criteria such as adaptability to the specific feature of ecosystems, the range of protecting measures and a long-term perspective as opposed to the contract used for short-term results. 1. D. TRUCHET, Droit administratif, PUF, Thémis droit, 6e éd., 2015 2. Art. L 110-1-II 8° C. env. 3. R. Mathevet & al. 4. J. BENTHAM, An introduction to the principles of morals and Legislation, L.J. Lafleur, New-York, Hafner Press, 1948, p. 100.