Pour lire le document de travail en français, cliquer sur le drapeau français
This working paper is the basis for an article to be published in French in Les Petites Affiches.
Summary : In August 2019, about the fire devastating the Amazon, the French Minister of Ecology says that this fact "is not just the business of a state" (n'est pas que l'affaire d'un Etat). This assertion denies the postulates of Public International Iaw (I). This supposes a new system, based on the idea that the power of the State on its territory is erased when the object that is there is no longer related to this "part" but to the All that is Universe (II). Let's accept the augur. First question: if it is not only the case of a State, whose business is it? (III). Second question: to anticipate the other cases that fall under this regime, what should be the criteria in the name of which the All will have to prevail over the part and who will then take care of the case of which the "local" State is divested? (IV). Because the perspective goes beyond the environment, beyond Brazil, beyond the States. It leads to Compliance Law animated by "monumental goals" that are the concern for the Universe and humans, in a humanist spirit. Let's go.
On August 27, 2019, on the French radio France Inter, Elisabeth Borne, French Minister of Ecology (Transition écologique) expresses it clearly: "Quand on est sur un enjeu tel que l'Amazonie, ça n'est pas que l'affaire d'un État", that can be translated : "When we are on a stake such as the Amazon, it is not only the business of onr State ".
Starting from one case, "the Amazon", the Minister, thus taking up the position of the French President, associates a general consequence: "it is not only the affair of one State".
This is not a trivial sentence.
This affirmation denies, and why not, the entire system of Public International Law (I). By a new reasoning based on the idea that the All prevails, as by an effect of nature, on the Part (II).
Admitting this, it leads to opening two sets of questions. The first is related to the following main question: if it is not only the case of one State, of which is this the concern (III)? The second set of questions revolves around the questioning of the criteria on behalf of which other cases must be seized in the name of "All " and how to do it (IV).
A. The postulate of Public (and Private) International Law: parties (States) which, because of common interests, are in contact
The notion of State includes in its very definition the notion of territory (a territory, a population, institutions).
Thus the State governs through its institutions what is happening on its territory. For example, if there is a fire, or a risk of fire, the State makes arrangements through all legal, financial, technical and human instruments available to it. It is accountable for what it does through its political and legal responsibility.
When what is happening on its territory exceeds this one, in fact (epidemic, catastrophe with the consequences exceeding the borders, migrations, etc.) either according to its own opinion or according to that of the other States, the States, being sovereign subjects of Law in the international system, act together on a pre-built legal basis: bilateral or/and multilateral treaties
A particular technique has been developed for several millennia - but here again the seniority is not sufficient to keep the system: diplomacy, anchored in each state in a particular ministry: the Ministry of Foreign Affairs, which each national government has. If one State totally excludes one phenomenon in the territory of another, the progressive procedure of ceasing diplomatic ties begins.
This can result in wars.
In the "case of the Amazon" both the President of Brazil and the President of the United States stick to the classical construction of Law.
Indeed, the former asserted that the Amazon is in the territory of Brazil, thus falls under the jurisdiction of the power of the Brazilian State and the Brazilian Law, from which it follows that another State does not have to come to interfere. However, the French President takes the floor not as this forest extends also on a French territory but as it is the business of the World. On the contrary, the President of Brazil claims the closing effect, which excludes a third State from taking over directly something - even a difficulty - that takes place in the territory of another.
The President of the US federal State has said that these are joint decisions between the President of Brazil and other heads of State, sovereign subjects of Law, who must agree to organize a solution to solve a local problem . Because in the same way that States can declare war, they can help each other
The whole Public (and Private) International Law is therefore based on this assumption: "parts" of the world, on which sovereign parties (States) have taken contact, because circumstances make something that falls within one of them or several others.
This is precisely what is called into question. The notion of the "right of interference", whose evocation we hardly hear any more, had already done so. But on another basis.
B. The "right of interference": idea that somebody can directly interfere with what happens in a country , an idea that does not question the postulate of the International Maw, an idea that rests on something else: a " right for the other "
The "right of interference" is the idea that in certain territories, things happen that are inadmissible.
In memory of the jus cogens, a kind of "Natural Law" of Public International Law, Another, that could be another state, can come to meddle with what is happening in a territory that is closed, without declaring war. to the state that keeps its borders.
It is the need of others, for example those who die in mass on this territory, or the nature that is devastated in the indifference of the State on whose soil the disaster is happening, which founds this "right" of another state to come and take charge.
The foundation of this "right" is therefore a "duty".
C. The new idea: a territory is only part of the Globe, whose fate is everyone's concern
The idea is new because it is not based on altruism. And no more about self-interest. Yet, de facto and de jure , the Amazon is not on the sole territory of Brazil.
France is particularly well placed to say something about it since part of the Amazon is on French territory.
Thus the inaction of the main concerned Brazil directly affects the interest of France, a "forest" being a block that can not be divided. If we were in Property Law, we would say that we are in indivision with Brazil and that in this respect, with the other States on whose territories this forest extends, a solution must be found.
Because of the indivisibility of this particular object which is this particular fores
But this is not the argument put forward by France, particularly by the President of the Republic.
It is said that the whole world is concerned about the fate of the Amazon. It could be said that, in this respect, when what could be described as a "global forest" is well treated, its management does indeed fall within the power of Brazil, Brazilian companies and the Brazilian State, but when it is abused to the point of seeing its future compromised, when fires may make it disappear, then this forest appears not to be localized in Brazil but being located in the World, of which Brazil is only a part
This reasoning, which then gives voice to everyone, for in the world every state is included in it, is a new reasoning.
The economic-political theory of the "commons" does not account for it because it is not a very legal theory
II. THE NEW REASONING THAT COVERS THE CLASSIC REASONING OF PUBLIC INTERNATIONAL LAW
The new reasoning adopted by the Minister consists in saying that the Amazon does not concern only Brazil. This forest should therefore be directly related to the World (A). This is a welcome change in the system but based on a paradox (B).
A. When the Amazon is in danger of death, then it should no longer be attached to this part of the World that is Brazil, but directly to the World
This forest is presented as the "lung" of the planet, it is the "future" of humanity. In this, it can concern only one State, not even the one on whose territory this "Humanity good" is located
As such, without the need to declare war to Brazil, another State may speak, for example the French State through the one that represents it in the international order, that is to say its President, to say what to do, since according to him the President of Brazil does not say or do what it is absolutely necessary to do for the whole planet and for the future of Humanity.
This induces a complete renewal of international institutions.
Indeed a direct attachment to the World and no longer to Brazil gives the forest object a special status because of a goal that exceeds Brazil: save the Amazon would impose because it would save the world. Therefore, it can no longer be the subject of Brazil, which would be like "dispossessed" by a goal that is imposed on it: to save the Amazon rainforest, even though it is mainly on its territory, while other States become legitimate to dispose of this object, even if the forest would not be in part in their territory, even if they would not be affected in their own interests.
This contradicts all Public International Law
Such an upheaval justifies that such an affirmation is accepted with difficulty. One understands better than first consequence, which is not so innocuous, one of the first rules of diplomacy which is the politeness, between the heads of state, with regard to the spouses of these , have be broken
B. A welcome but paradoxical change in the system
Why not change the system?
This is difficult to admit, not only because it is brutal, but because it is paradoxical.
The paradox is the following. It is recognized that the theme of the disappearance of borders by "globalization"
The paradox is therefore, on the one hand, the rejection of the allegation of a de facto disappearance of borders by an economic interdependence, technology having denied "globalization" as a fact
This paradox leads to two questions.
The first question is: if "it's not juste one State affair", who's concerned?
The second question is: after the "case of the Amazon", what are the other cases? And how are we going to provide solutions, if we no longer have the solutions of Public International Law, that is to say, the agreement of the country whose territory is concerned and which we do not want not go to war?
If we have clear ideas on the answers to be given to these two sets of questions, then because indeed when the future of all is in progress it can not be the affair of a single State, it is necessary to question Public International Law. But do we have clear ideas on these two questions? And what are the possibilities for possible solutions?
See the text following below.
See for a general view (in French), Dupuy, P.M., & Kerbrat, Y., Les grands textes du Droit International Public, 10ième éd., coll. "Grands Arrêts", Dalloz, 2018. This book begins with a chronological index of the founding texts. This includes the 1962 United Nations Resolution on "Permanent Sovereignty over Natural Resources".
S. for ex. UN General Assemblythe resolution 43/131 of December 8,1988, Humanitarian assistance to victims of natural disasters and similar emergency situations ; see also the resolution 45/100 of December 14, 1990, and the resolution 46/182 , 1992, Strengthening of the coordination of humanitarian emergency assistance of the United Nations.
D'une façon générale, v. Bettati, M., L'ONU et l'action humanitaire, Politiques étrangères, 1993, 58-3, pp.641-658. L'article décrit tout l'évolution vers un "ordre public humanitaire", puis vers un "order public de l'humanité". Cela rejoint l'idée développée plus tard dans le présent article de "bien d'Humanité", non plus à travers des instiutions publiques mais à travers des entreprises qui sont seules en position d'en obtenir le respect à traver le Droit de la Compliance (v. infra IV).
On the question of the particularism of this case and the possibility or not to extend the reasoning to other cases, see IV.
This is exactly the reasoning of the European Union Law, when it intervenes even in a case which concerns "only" the French territory, because the Court of Justice of the European Union affirmed that France constitutes a "part" of the territory of the Union. Thus the All has competence for the Part, even if another part of the All (another member of the European Union) is not concerned.
Here the reasoning goes further, since a part could intervene on another part, insofar as they belong to the same All (the World, present and future).
S, for ex., and for takin only this example, Tirole, J., Economics for the Common Good, 2017.
On this notion of "Humanity goods", to which this particular case of the Amazon corresponds, s Frison-Roche, M.-A., Les biens d'humanité, débouché entre la querelle entre mondialisation et propriété intellectuelle (The Humanity goods, opened between the quarrel between globalization and intellectual property,) 2004.
S. Explanation of the postulates of Public International Law in the I.
Private International Law was built in the Middle Ages on the idea of a state being kind enough to apply foreign law to it as the person greets the foreign host in an affable manner.
Ruiz-Fabri, H., Immatériel, territorialité et État, 1999
Debray, R., Éloge des frontières, 2012.
S. for example in this sense, O'Sullivan, M., The Levelling. What's next after Globalization ?, 2019.
III. FIRST SERIES OF QUESTIONS: IF IT IS NOT ONLY ONE ISSUE FOR ONE STATE, IS IT FOR WHOM?
If we admit the change of system, the first series of questions that opens is to know who has the Amazon for case to resolve if it is not that of Brazil alone? If one breaks down this question, it leads to designate the one that one could call the one who is "able juridically to worry about it", and therefore to decide something about it. For example, who can give money? The other States, and only them? (A). If one finds those who are legally able to act, is the action only about giving money? (A)
A. Who can give money? Only other legal subjects of Public International Law?
Leonardo DiCaprio felt it was his concern, since he said he was giving money, so presuming someone was going to receive it. Then, he "allied" with Will Smith to sell shoes for the benefit of the forest. Legally, they have moreover and more precisely facilitated the sale of these by the notoriety of their names, the profit of the sale going to the benefit of the Amazon. Will Smith said he was "concerned" with the Amazon and eager to save it. They assume that the money they bring or have brought will find a donee. In law, this is not obvious.
This is no doubt why the President of Brazil reminded that for a donation to be made, it is necessary not only a donor but a donee, because a donation is not a unilateral act, but a contract. To the extent that the forests does not have legal personality, nor do they have as a consequence the capacity to receive money, it is the Brazilian State to receive this gift, acceptance that the Brazilian head of state refused to formulate..
In the theory of the "right of interference", because it is the expression of a "duty for others"
So there is no legal or national structure? (in this case, Brazilian), nor international? (which, the UN?), to validate a kind of receivability of donations.
B. Can one just give money to the Amazon?
Demonstrations of protest, which are other sort of legal act, have been organized.
To say that one does not agree against the behavior (inertia is an action) of a government, even if one is a national of another country, is an action.
Events of this kind have multiplied, often driven by a local initiatives but with a pretension and a global effect. This is the case with "strikes for the climate", for example from 20 to 27 September 2019. This is described by some as a "global climate strike", even though it is actually made up of local events, but it is its global "pretention"
But can we go further, without the Brazilian Government now being able to say anything?
For example by bringing water, equipment? bringing people, experienced or not, controlled or not? at their entrance and during their presence or not?
IV. SECOND SERIES OF QUESTIONS: AFTER THE "AMAZON CASE", WHAT ARE THE CRITERIA FOR SEIZING OTHER CASES FOR WHICH "ALL" MUST PREVAIL ON "PART"?
If one admits the change of system, the second series of questions that opens depends again on the strength of the analogies. In the same way that we could move from one State to another, can we move from one case to another, because dramas like the current fire are meant to offer our eyes terrified and sorry (A). Because we can't be satisfied to go from drama to drama, from case to case, except to abandon the Law to the sole emotion, we must find general and abstract criteria to leave the "Part to go the "All", to detect in this case what justifies in the particular case of this forest its attachment to Globality: the fact that it is a systemic object (B). The Amazon, "global forest", then shows through its only example what should be released as an abstract criterion of an attachment to the All: a systemic nature. This justifies not only that this systemic concern is borne by another State, but even more importantly, that it be internalized by companies in a position to provide solutions, by the technique of Compliance Law (C).
A. The drama of the Amazon is not a unique drama: so many other "fires" ...
Social networks have been invaded by images of gigantic forest fires taking place in countries on the African continent.
The underlying discourse is twofold:
First, it is to ask that the world windfall also falls on these countries, presented as being in distress as the Amazon (what we do not know, especially because of the photos-montages to about the Amazon).
Then, it is a question of showing that if we do this for the Amazon, by removing from the Brazilian government its power to exclude, a power to which we often associate sovereignty
Will it then be necessary to take the place of the governments, to contradict them, to thwart them, without making war on them? While, case by case, we will go from identical cases (forests burning) to similar cases (rivers overflowing, children diying).
The difficulty is then conceptual and methodical: because the fire isn't the sole drama of Humanity.
B. The drama of the Amazon is not a unique drama: so many other dramas of Humanity and the need to specify the abstract criteria in which the necessary external intervention is also possible
The fire is terrible. Massive death of animals. Loss of the river of the sky. Sustainable ecological imbalance.
But what about the drought, which causes deaths and migrations in situ, which in turn causes deaths and imbalances in other States?
And what about massive and contagious diseases, at a time when old diseases eradicated reappear? Diseases that by nature are spreading.
Certainly for the moment the Public International Law has worked, because the government of the particular country concerned by the particular tragedy has accepted the aid offered by the other countries in bilateral or multilateral organizations. Except that the country concerned is in a situation of war, like Syria, but that configuration is also foreseen by Public International Law.
For the moment, countries which are not at war and which participate, according to the rule of law, in the international order continue to accept the aid mechanisms. The profit they have allows to keep the postulates of this Law. The degradation of Public International Law could lead to the fear of a retraction of certain States, preferring their isolation to their interest and the interest of their population, in a misunderstanding of what sovereignty is. We are not there yet.
But analogies leading to the departure from public international law, as we propose to do for the Amazon, can be constructed for example about the sale of human beings, against which, despite the existence of some treaties, Public International Law is weak.
Exceeding Public International Law for anything else could then be done, either to have less than it (action of illiberal political systems), or to have more than it (action of llegal systems concerned with Humanity, whose first example comes to be given about the Amazon).
The second perspective is daring, but is not it induced by the first, catastrophic?
The question is then to know for how many situations no longer identical but for which the analogy is easy to establish, the same reasoning can be constructed: the territory in question is only a part of All that is the Globe and Humanity.
Thus, from case to case, the exceptional reasoning "part / All", which reverses the bases of Public International Law may become the principle.
It is therefore necessary to define the abstract conditions in which it can enter into force.
An Indian chief from the Amazon, Chief Roani insisted on September 2, 2019 on the fact that it was necessary to "do something" not only independently of the Brazilian political power but also "against" this one because the Amazonian forest is a "critical issue".
However, the notion of cruciality is a legal concept known and controlled in Regulatory Law and Compliance Law, key concept that should be repeated and developed.
C. Abstract Criteria for organizing the prevalence of the All on the Part
The abstract criteria for making the All prevail on the Part implies that the envisaged situation is thought in systemic terms (1). This leads to superimposing on Public International Law the Compliance Law whose purpose is the concern for Humanity, which should also be developed (2).
1. Thinking en systemic terms
When we take up the Law of Regulation in its report not to the principle of Competition but in its relation to the systemic risk
As such, the bankruptcy of a systemic bank and the incident that makes a forest disappear on the balance of which the climate and the rain rest are of the same nature. Both are future events constituting excluded future disasters, for which comprehensive risk prevention must be established. If they happen, because supervision has failed, the management of the crisis does not only concern the country in which the systemic object is placed.
The Amazon rainforest is systemic.
As is happening in the digital world
These mechanisms work well in the banking, financial and audiovisual sectors, only because there are supervisory authorities. This allows to organize the Ex Ante, which avoids the disaster, which distinguishes the Supervision Law of the Regulation Law and even more of the Competition Law
However, for the moment, such Supervisory Authorities do not exist.
But as finance grows greener and greener, the Compliance Law itself takes care of the environmental concern and introduces it into the "crucial global banking and financial operators", which is controlled by the supervisors of these Companies in their Ex Ante structures, it is possible that by the Law of Supervision and Banking and Financial Compliance Law, then of Compliance in International Trade Law, we obtain a result in Ex Ante efficiency. Since it is a question of preventing and not a question of sanctioning. Without the need to build a specific supranational authority. Not that we can not dream about a such institution, but we will say that the political circumstances are not actually very conducive.
2. Superimposing on Public International Law a Compliance Law aimed at the concern for Humanity
If Public International Law and multilateralism are still important (agreements between the Sovereign Parties that are the States in the international order), especially diplomacy (continuous relations between these Sovereign Parties, superimposed on the relations with the ordinary entities), this approach, based on Regulation, Supervision and Compliance, must be added to the States and their multilateral relations.
Moreover, jurisdictions must give full effect to the will of States, articulating these actions of private operators with long-term political actions.
In the same way that Compliance Law allows the States to internalize their "monumental goals" in the crucial enterprises "
Because there are no effective and legitimate legal systems without a judge. In his absence, the doctrine concludes that there is still no "world legal order".
Many States welcome this when it allows them to effectively escape their international obligations, the WTO having found an effective way only by setting up a regressive and archaic system of relaliation, private justice for the benefit of the State whose the claim is recognized as legitimate by the panel of the Dispute Settlement Body of this international organization.
But in the cases that concern us, it's not about Ex Post sanctions, taking many years. What would be required would be not only the decisions implemented by the State concerned but also jurisdictional decisions adopted quickly, by a mechanism similar to that of the interim measures, according to a strict criterion of urgency, the obviousness and the irrefutable perspective of imminent harm.
This World judge does not exist.
So it is towards an internationalization in the "crucial enterprises" by "Law of the Compliance" whose concern for Humanity
Indeed, Compliance Law is a substantially new Law and not just a methodology, even less a mechanical process
After the Second World War, the appalling disaster led to the conclusion that the time for truly inventions, that is conceptual inventions was closed
On the notion of "pretension" and "monumental Goal" which are key concepts of Compliance Law which technically allows to account for what is happening, v. infra.
On the reference to Compliance Law that implies, if we define it (as we need) as a Law whose purpose is the care of others, even distant ones, s. infra.
On the link between what is happening and the absence of "globalization", supra.
For a more adequate definition of sovereignty as conscience for the holder of its limits, see Alain Supiot, especially from the work of Simone Weil dedicated to the "person", see Supiot, A. (ed.), Mondialisation ou globalisation ? Les leçons de Simone Weil, 2019. In this book, read more particulary the general presentation written by Alain Supiot and the contribution Catherine Labrusse-Riou, "Les figures juridiques de la personne : relire La Personne et le Sacré". In the symposium held in 2017, basis of this book, Catherine Labrusse-Riou has exposed the environmental questions and critized the solution fo personnalizing the Nature, for example dolphins or rivers, rathen than protecting them directly.
Frison-Roche, M.-A., Compliance & Regulation Law bilingual Dictionnary: entries "Competition", "Risk", "Regulation".
Frison-Roche, M.-A., The contribution of Compliance Law to the Governance of Internet, 2019.
Frison-Roche, M.-A., The contribution of Compliance Law to the Governance of Internet, 2019.
About this evolution, Frison-Roche, M.-A. (ed.), Régulation, Supervision, Compliance, 2017.
Frison-Roche, M.-A., The Compliance Law, 2016.
Frison-Roche, M.-A., What the Law of Compliance can built relying ont the European humanist Tradition, in Frison-Roche, M.-A (ed)., Pour une Europe de la Compliance, 2019.
Frison-Roche, M.-A., Droit de la Compliance, to be published.
About this notion of "monumental Goal", s. Frison-Roche, M.-A., The Compliance Law, 2016.
Through the notion of "crime against humanity", which was also used to protect nature.
Through the notion of "crime against humanity", which was also used to protect nature.
« À mon retour, après m’être évadé, j’ai repris la peinture mais surtout, je me suis mis au dessin. Je copiais des feuilles, une touffe d’herbe, un caillou, le plus exactement possible. (…) J’avais banni de moi toute idée d’art. Plus de cubisme, plus de fantaisie, rien. Les choses. Si le surréalisme est né de la guerre de 1914, ce qui s’est passé après la dernière guerre est lié à Auschwitz. Il me semble qu’on l’oublie souvent quand on parle du ‘nouveau roman’. Ce n’est pas pour rien que Nathalie Sarraute a écrit ‘L’Ere du soupçon’ ; Barthes, ‘Le Degré zéro de l’écriture’. Que des artistes comme Tapies ou Dubuffet sont partis des graffitis, du mur, ou que Louise Nevelson a fait des sculptures à partir des décombres. Toutes les idéologies s’étaient disqualifiées. L’humanisme, c’était fini. Sans doute était-ce ce que je ressentais confusément quand je faisais ces dessins très exacts : il n’y a plus de recours, essayons de revenir au primordial, à l’élémentaire, à la matière, aux choses. Exemple : Ponge. »
Claude Simon, « Et à quoi bon inventer ? », entretien avec Marianne Alphant, Libération, 31 août 1989 (repris dans les Cahiers Claude Simon, n° 11, 2016, p. 23).
S. for ex. for a confrontation between the painter Francis Bacon and the Legislator Jean Carbonnier, Frison-Roche, M.-A., The Legislator, painter of the Life, 2019.
In his Abécédaire (in French), 1980, Deleuze fixes to the letter "R" of "Resistance" the notion of "Art" and the notion of "Network" (which will therefore span the borders) and the notion of "Concept", which are "invented".About these inventions of concepts ("to have an idea"), Deleuze exposes that it is about a rare event, it is a festivity and that is not general, it is an idea dedicated to a situation , a "potential already engaged and inseparable from the mode of expression", the concept being "manufactured" to answer a "necessity", otherwise there is nothing.
In his Abécédaire (1980), Deleuze fixes to the letter "R" of "Resistance" the notions of "Art" and "Network" (which will therefore span the borders) and the "invention of concepts". About their invention ("to have an idea"), Deleuze exposed that it is a rare event, it is a festivity and it is not general, it is an idea dedicated to a situation , a "potential already engaged and inseparable from the mode of expression", the concept being "manufactured" to answer a "necessity", otherwise there is nothing.
Claude Simon, « Et à quoi bon inventer ? » : « À mon retour, après m’être évadé, j’ai repris la peinture mais surtout, je me suis mis au dessin. Je copiais des feuilles, une touffe d’herbe, un caillou, le plus exactement possible. (…) J’avais banni de moi toute idée d’art. Plus de cubisme, plus de fantaisie, rien. Les choses. Si le surréalisme est né de la guerre de 1914, ce qui s’est passé après la dernière guerre est lié à Auschwitz. Il me semble qu’on l’oublie souvent quand on parle du ‘nouveau roman’. Ce n’est pas pour rien que Nathalie Sarraute a écrit ‘L’Ere du soupçon’ ; Barthes, ‘Le Degré zéro de l’écriture’. Que des artistes comme Tapies ou Dubuffet sont partis des graffitis, du mur, ou que Louise Nevelson a fait des sculptures à partir des décombres. Toutes les idéologies s’étaient disqualifiées. L’humanisme, c’était fini. Sans doute était-ce ce que je ressentais confusément quand je faisais ces dessins très exacts : il n’y a plus de recours, essayons de revenir au primordial, à l’élémentaire, à la matière, aux choses. Exemple : Ponge. »
Claude Simon, « Et à quoi bon inventer ? », Interview with Marianne Alphant, Libération, 31 August 1989 (reprint in les Cahiers Claude Simon, n° 11, 2016, p. 23).
Chief Roani : "You destroy our lands, poison the planet and sow death, because you are lost", September 2, 2019.
Frison-Roche, M.-A., What the Law of Compliance can built relying ont the European humanist Tradition, in Frison-Roche, M.-A (ed)., Pour une Europe de la Compliance (For the Europe of the Compliance), 2019.