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Le droit du paysage en France et en Corée : étude comparée

Abstract : The objects of this comparative law thesis are the transformation of the legal concept of landscape in France and Korea and the problems related to the administrative and jurisdictional procedures in landscape law of these two countries. Until the end of the twentieth century, these two countries’ law did not assume the subjective dimension of landscape, whereas this one is obvious in the relation with the aesthetics. In these circumstances, the protection and development of landscapes have been mainly indirectly taken into account in several legal areas. During the late twentieth century, the evolution of democracy highlighted the subjective dimension of landscape in law. In France, its subjective character has developed since the 1980s, particularly with the entry into force of the European Landscape Convention of 2000, and in Korea, from the 1990s, in particular with the drafting of the act of 17 May 2007. Since landscape policies and administration are no longer the preserve of experts and public power, it is important to ensure citizens’ access to landscape information and their participation in decision-making related to landscape. Such a democratization of the landscape law can be consolidated by the judicial review of landscape administration through the guarantee of access to justice.
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Submitted on : Tuesday, December 18, 2018 - 3:27:13 PM
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  • HAL Id : tel-01959223, version 1



Kwangjin Moon. Le droit du paysage en France et en Corée : étude comparée. Droit. Université Panthéon-Sorbonne - Paris I, 2018. Français. ⟨NNT : 2018PA01D044⟩. ⟨tel-01959223⟩



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