Articles
(latest publications)
“The inconsistency of the normative force of CSR clauses. The risks incurred by the debtor contractor,” in CSR: state of play, state of wishes, J. Malet-Vigneaux (ed.), LexisNexis, 2026
The lack of normative force of CSR clauses is regularly criticized. Indeed, it is commonly reported that they are ineffective in protecting the environment and human rights. This article examines another aspect of the normativity of CSR clauses. It addresses the risks raised by the inconsistency of the normativity of CSR clauses with regard to the contractor who is liable for the obligations entered set out in the CSR clause. These risks are primarily structural and result from the very terminology of CSR clauses, which are likely to take the contracting party far beyond the commitments it thought it was entering into on the day the contract was formed. They are also contextual risks. Given the growing importance of environmental and social issues across all legal systems, and the corresponding increase in the powers of judges in this area, the enforcement of CSR clauses is fraught with unpredictability for the contracting party.
« Enterprise Foundation in France» in Enterprise Foundation Law in a comparative perspective, t. 2, dir. A. Sanders et S. Thomsen, éd. Intersentia, 2026
Enterprise foundations in France are structures that hold company shares to ensure business continuity while funding public-interest initiatives. There are three forms: ‘la fondation reconnue d’utilité publique’ – the public benefit foundation (heavily regulated with high capital); ‘le fonds de dotation’ – the endowment fund (flexible and accessible);and ‘le fonds de pérennité’ – the sustainability fund (focused on economic stability). They protect against hostile takeovers, preserve corporate identity and support social and environmental commitments. However, French law remains restrictive, often opposing public interest and economic goals. The European Enterprise Foundation model law is a source of inspiration and suggests for example more freedom and sustainability for these models.
“Shareholder foundations and sustainability,” in Sustainability and Economic Law, ed. W. Chaiehloudj and S. Dupouy, LexisNexis, 2025
Sustainability is a word that raises questions for the imposing yet very discreet shareholder foundation. On the one hand, sustainability aims to reconcile economic performance with respect for human rights and the environment. On the other hand, the shareholder foundation, a little-known legal vehicle, naturally has all the assets needed to support the company on the path to sustainability. More specifically, in addition to the philanthropic activities usually entrusted to a foundation, the shareholder foundation takes on the mission of protecting the company that has been entrusted to it, in accordance with a certain strategy and certain values: “The objective is to safeguard the values of a company and give it an extra soul.” The shareholder foundation therefore does not only have the function of carrying out work in the public interest; it also plays a more original role, that of shareholder, and in doing so, assumes, to a greater or lesser extent, its political and financial duties as a shareholder. Very directly and naturally, the shareholder foundation, as an economic player, participates in the transition to a sustainable economy. Indeed, sustainability is visible in several areas of the shareholder foundation. First and foremost, it is at the very heart of its DNA, but it is also evident in its power to act. The values of the shareholder foundation, enshrined in its corporate purpose, are indeed imbued with sustainability. Tomorrow, de lege feranda, shareholder foundations could be forced to take such issues into account even more broadly. Furthermore, a foundation's ownership of a company is not an end in itself, but a means of accomplishing a long-term mission of sustainability, thanks to a permanent source of funding.
Chapter 9. « Towards Mediterranean green bond guidelines », in Plan Bleu et PNUE/PAM Volume II, Sustainable finance, ed. R. Degron et C. Tsakas, 13 oct. 2025
The objective of this chapter is to show that there are currently no specific legal guidelines in the Mediterranean region to support the development and use of green bonds by economic actors. While international and European frameworks define what green bonds are and aim to harmonize practices, they offer little practical guidance tailored to the Mediterranean context. Yet, this financial tool could play a significant role in addressing regional environmental challenges, particularly pollution. The chapter argues for the creation of Mediterranean Guidelines on green bonds—soft law instruments that would clarify possible applications and encourage their use in line with existing legislation. These guidelines could help promote environmentally friendly investments while fostering cooperation among Mediterranean countries
“The exercise of economic freedoms in relation to Nature” in Protecting the Earth system in and through the Constitution, ed. O. Le Bot and L. Gay, Confluences, DICE Publishing, 2025
On August 21, 2023, in Ecuador, a country where nature has legal rights, a referendum approved the cessation of exploitation of a very large oil field in the Yasuni Amazon reserve. The national oil company Petroecuador said in a statement that it would comply with the sovereign decision of the Ecuadorian people, even though the financial losses are estimated at $16.47 billion over 20 years. This news story illustrates the fact that the exercise of economic freedoms can be prevented by other rights imbued with a completely different logic: the fundamental rights of nature. The different conceptions of these two bodies of fundamental rights and freedoms, one commercial and the other more imbued with humanism, but both claiming equal fundamental status, raise questions. If such a configuration were to emerge in France, we would be faced with two orders with radically different, even opposing, logics, but with the same legal arsenal: fundamental rights and freedoms. What form would this confrontation take? Would it be a conflictual duel, where these interests would clash and go to war? Or would it be an enriching encounter, giving economic freedoms a new lease of life? Sometimes economic actors will be forced to bow to nature as a legal entity, which will hinder the exercise of their freedoms and lead to a power struggle with nature. A duel—where the weapons are legal, voluntary, or jurisprudential—at the end of which, in the current context, economic freedoms are likely to emerge defeated. On the other hand, the struggle is not systematic, because sometimes environmental interests are absorbed by economic interests. Could this concept then be a bridge, a new way of building this link, of reconciling these interests that at first glance appear to be divergent, but which in reality converge?
“A law to combat environmental misinformation?” co-written with N. Botero, The Conversation, February 6, 2025
Between June and December 2024, only 3.4% of television content was devoted to the environment. Could legislation change this and also prevent climate misinformation? At a time when social media platforms are moving away from fact-checking, France is seeing a reversal of this trend, with attempts to regulate the lack of information, or even misinformation, in the media on environmental issues. Based on the idea that the media is an essential lever for ecological transition, several members of parliament formed a cross-party think tank in the summer of 2023 to discuss the quality, quantity, and accessibility of media information on the environment. A bill was presented to the National Assembly on November 13, 2024, and is now awaiting review. The text “aims to guarantee the public's right of access to information on environmental and sustainability issues.” But what is the motivation behind this bill, and what does it contain?
“Directive on the duty of care in relation to sustainability: what does the future hold for European companies and their business partners?”, Dr. des soc., Nov. 2024
Bien qu’il soit demandé beaucoup aux entreprises concernées, nous remarquons que tout au long de ce texte le législateur fait preuve de nuance, de pragmatisme. Le ton est donné : la transition climatique est en cours, les entreprises en sont des acteurs majeurs, mais cette transition se fait à petit pas finalement. Derrière les immenses objectifs affichés, les grandes attentes, et les nouvelles obligations, se dessinent un délicat équilibre – entre les intérêts économiques, la protection de l’environnement et la prise en compte des droits humains – au sein duquel les intérêts économiques ne sont pas sacrifiés. Ce nouveau devoir de vigilance européen, particulièrement ambitieux à tous points de vue, ne doit donc pas être perçu comme un bloc insurmontable par les entreprises, mais plutôt comme une nouvelle opportunité économique à saisir. Car la situation concrète des entreprises est bel et bien prise en compte tout au long de la directive : il est fait mention d’obligation de moyen, de prise en compte des circonstances particulières etc… Et ce texte, dans un souci de cohérence normative, s’inscrit dans la droite ligne de cette obligation de bon comportement qui est d’ores et déjà demandée aux entreprises. Une prudence et une attention particulières doivent donc être portées à cette directive et les nouvelles attentes qu’elle recèle, mais sans être effrayé par les 58 pages de ce nouveau texte face auquel il faudra être prêt dans deux ans à peine. La confiance du législateur européen dans le pouvoir d’action des acteurs économiques est palpable tout au long de la directive, gageons qu’elle sera perçue comme telle par les acteurs économiques, et qu’en toute sérénité ces derniers sauront relever ces défis !
“Common law sanctions in contracts versus companies' duty to behave in an environmentally responsible manner,” D., No. 29, August 1, 2024
Contracts are a key tool in business. In the current climate, where economic actors are under considerable pressure—in terms of reducing greenhouse gas emissions and sustainability, for example—the question arises as to the effects on a contract of a contracting company's failure to comply with environmental law. Could a violation of an environmental law provision that is completely unrelated to the contract, such as a conviction for greenwashing or on the grounds of ecocide, be characterized as a breach of contract law and thereby trigger the application of common law sanctions?
“Towards legal personality for certain commons?” in Commons captured by law, ed. C. Bories, S. Boussard, A. Danis-Fatôme, and B. Parance, Société de Législation comparée, 2024, p. 39
Natural commons are understood in very broad terms; they are natural entities, such as a river or a mountain, or environments, such as water or air. They are referred to respectively as “spatialized” or “universal” natural commons. Beyond their object, the function of these natural commons is staggering: these commons are objects necessary for the health of humans and non-humans and determine the survival of present and future generations. The value of using this concept of commons lies in the legal regime it would establish, which is unprecedented in several respects (in terms of access, conservation, management, etc.). In this way, in the specific case of natural commons, the exercise of some of our fundamental rights, such as the right to access water, food, or clean air, would be guaranteed. The concept, regime, and purposes of natural commons are magnificent, with unprecedented scope and ambition.
In this context, what is the point of studying the possibility of juxtaposing the notion of the commons (not yet enshrined as such in law) with another concept, that of legal subject, given that these two tools have the same functions? Nature as a subject of law could serve the commons by strengthening the rights of use conferred by the concept of commonality, by participating in the search for balance, by promoting good practices within the commons, and by raising awareness of the complex needs of natural entities highlighted by the various rights they would be granted. The weight conferred on a natural commons qualified as a legal subject could be an opportunity to address competing interests in the same natural entity.
“The role of third parties in the contractualization of compliance,” Rev. Dr. Soc., April 2024.
The third party is in a somewhat uncomfortable position with regard to contractual compliance commitments. As a third party, it has no control over their content and is sometimes even kept in the dark about their actual content. However, at the same time, it is exposed to the risks associated with the performance of the contract, and it is therefore natural that this third party should be equipped with effective means of action. Based on the information available to them, whether voluntarily disclosed to the general public or required by law, third parties do not hesitate to take certain companies to court. Third parties therefore have an interest in the compliance measures implemented by the contract. Could they use more or less bold contractual tools or remedies in such cases? The third party's control and support of the contractualization of compliance could be strengthened by involving them in the drafting of the contractual content, allowing them to report a breach of contract, invoke a statutory clause in their favor, or even initiate the termination of a contract.
“Nature, subject of law,” Confluences, February 2024
Conceiving of Nature as a legal entity raises many questions. Would it be appropriate, for example, for Nature to have the right to express itself to a board of directors as a stakeholder? We will examine the legitimate concerns that arise. Are the rights of nature not a negation of human freedom? Is this not an iconoclastic idea, whose objective is in reality a response solely dedicated to indigenous peoples? Various lessons can be learned. First, conferring legal subject status on nature would represent a new tool for interpreting the law, a guide for judges. Economic actors themselves could be influenced in their business practices, the exercise of economic freedoms would be shifted towards greater respect for nature, and the very fabric of law would be altered in order to accelerate the ecological transition, filling legal gaps or supplementing existing law. The fear of rivalry between the rights of Nature and those of man must therefore be set aside, as such a status simply reflects the reality of the links that unite man and Nature: this development would help to translate into law this new relational humanism, where humanism and ecology are not opposed.
“Giving Nature a seat on the board of directors,” RLDA, Sept. 2023
The environmental strategy of companies is attracting increasing interest from people outside the board of directors, such as shareholders, investors, and civil society more generally. In this context, would it be appropriate to give Nature a seat on the board of directors? Across the Channel, British beauty company Faith in Nature is the first company we know of to have taken this step. We take a forward-looking look at the advantages and risks of such an approach.
« Is environmental compliance the future of environmental law? » Env. Éner. infr., July 2022, study 18
Compliance addresses environmental issues and challenges the limits of environmental law. Compliance law establishes, beyond national borders, a general obligation of environmental prudence on the part of economic actors. This new law supports environmental law in its colossal objectives. The environmental crisis reminds us every day that human dignity is intimately linked to the quality of the environment in which we live. But is compliance capable of effectively addressing these issues?
The Contract and the Environment, PUAM, 2020 (542 pp.)
This book aims to bring together the environment — now at the heart of human concerns and hopes — and the contract, a wonderful instrument of social relations that has existed for thousands of years yet is constantly being renewed. Two main ideas drive it. Firstly, it considers the environment as a potential source of risk, whether unexpected or caused by inconsistent economic behaviour. From this perspective, it explores how contract law can protect the consent of contracting parties or enable them to manage the potential materialisation of these risks through agreement. Secondly, in a more positive light, it views the environment as a source of value, revealing how contract law can support this by encouraging parties to consider sustainable development policies and ensuring they fulfil their environmental protection obligations under the agreement.
“Nature, subject of law in the face of sustainable development,” in Sustainable Development and Economic Law: How to Reconcile Them?, ed. S. El Hassani Sbai, 2023, p. 175, Rabat University Press · Sept. 1, 2023.
The theme of the conference organized by the Rabat Faculty of Law, What reconciliation between sustainable development and economic law, invites us to take a fresh look at the links between ecology and economics and to strengthen them, based on the idea that the fate of humanity is closely linked to the protection of the environment. There is now another way of owning and doing business that is in line with sustainable development goals, and the concept of legal subjecthood is part of this evolution. This notion is a hymn to imagination and creativity in envisioning the law of tomorrow.