IB2014132 ART. BIODIVERSITY AND CIVIL LIABILITY: THE ROLE OF ASSESSMENT

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Article : Biodiversity and civil liability: the role of assessment

Mathilde BOUTONNET

Maître de conférences à l’Université Aix-Marseille, CERIC, Bénéficiaire de la Chaire CNRS droit de l’environnement.

Abstract

The purpose of this paper is to make the link between expertise and biodiversity through the civil liability Law. Indeed, since Erika Case (Cour de Cassation, Crim. 25 septembre 2012), this Law recognised the ecological damage. This one is defined as an damage caused to Nature and especially Biodiversity. Thus, the expertise has to play a major role. In this paper, two roles are studied: first all all, the expertise allows to assess the damage of Biodiversity itself, to define and to prove it. Secondly, the expertise is an instrument which is very important for prescribing the measures of compensation, in kind or pecuniary compensation.



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Much has been said and written about work motivation since the advent of modern organizations. Management theories of motivation have focused their input on the identification of external stimuli that could be operated by organizations and over, the managers, with a view to stimulate the motivation of individuals. This article proposes a reversal of approach. Work motivation is understood as a highly dynamic individual resulting from the investment activities of three registers: Bonds, Initiatives and Aspirations. These three books are indispensable to each individual to work and are specific to each (the content varies from one individual to another) and are constantly changing, as and when they are actually invested and that the individual gets older. This conceptualization builds a new approach to the management of organizational motivation: the direction it proposes is to make each individual work of both the guardian and regulator of its Obligations / Initiatives / Aspirations.

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