2017 (2) | 2016 (4) | 2015 (5) | 2014 (3) | 2012 (14)

Firms, contract law and the fight against climate change

The intensifying fight against climate change, reinforced by the Paris Agreement, is contributing to the formation of a new international contractual framework that the contracting parties organise or that they can legitimately expect to see applied, even if they have not provided for it by agreement. Implied duties, failure to comply, requirement of a certain quality of provision of service – be it French or foreign, European or international, contract law is not short of instruments in the fight against climate change.

Constitutional courts and relations between parliaments and executive authorities. The limits to court regulation of a system of government

The contemporary doctrinal craze for constitutional justice and the exaltation of ‘constitutional democracy’ considered primarily as a regime for guaranteeing individual rights has somewhat overshadowed a non-negligible problem – the problem of the role of the constitutional court in relations between governing organs, namely the deliberative assemblies and the authorities wielding immediate power, in other words the (poorly named) ‘executive’ authority (government and, as the case may be, the head of state).

Values, rights and duties in the development of human rights

In the light of the recent United Nations Declaration on Human Rights Education and Training, the author returns to the dialectic between rights and duties in the theory and practice of human rights with the appearance of ‘horizontal’ obligations towards others, such as humankind and the planet. New attempts are being made to set human rights against ‘traditional values’, as in Russia, or in France, to have a ‘republican morality’ or even a ‘secular morality’ prevail over individual autonomy. It is more necessary than ever to articulate fundamental rights with collective values.