Water and the Law

The aim will be to examine the role of local governments in environmental matters and the actions taken by state agencies. To this end, the authority of local governments in water management will be considered, as well as the role of intermunicipal cooperation structures in water management and resource protection.

Students must have knowledge of the French judicial system, the hierarchy of norms, and legal balances. An introduction to legal mechanisms (the concept of a contract, the basics of corporate law, etc.) will therefore be helpful. The use of contracts as a means of managing resources (public service delegations and public procurement) will be examined. To ensure a comprehensive understanding of the subject matter in our region, it is essential to address the treatment of coastal waters.

An examination of the exercise of administrative police powers in the area of water management will be necessary to understand the legal framework governing ICPEs and IOTAs and to address environmental land-use planning and water resource management (SDAGE, SAGE, and other plans).

The law governing waterways in France and the study of the small and large water cycles will provide insight into how risk planning and the implementation of what is known as the GEMAPI jurisdiction have evolved in recent years.

Finally, with a lawyer who specializes in environmental law and has extensive experience in water resource litigation, students will have the opportunity to explore conflict resolution mechanisms.

This will make it possible to examine the extent of public participation in water management, as well as the recognition and assertion of the right to water and the right to sanitation.

A brief overview of EU water law and European environmental law will round out the training.

By the end of the two-week course, students should have acquired a solid understanding of the fundamentals of water law in France today. They should be able to identify the key factors that determine the role of public entities and understand how the protection of water resources is addressed at the local level.

There are no specific prerequisites. As with other courses, students must demonstrate a keen interest in all issues related to water resource management and the protection of natural aquatic environments.

The knowledge acquired will be assessed in December through a 3-hour written exam, during which students must write an essay or a commentary.