L'utilisation de la technique de marché en droit de l'environnement. L'exemple du système européen d'échange des quotas d'émission de gaz à effet de serre

By taking the example of the European Union emission trading system, the objective of the present study is to understand the conditions of effectiveness of a specific tool: the market-based instrument. Market-based instrument is defined as a tool of policing aiming at the achievement of a public policy objective (pre-established by public authorities) with the creation of a market, i.e. the organisation of exchanges of "units" between economic operators. This tool is widely used in environmental law. The ex nihilo creation of a market in order to protect the environment must not mislead: the market-based instrument does not lead to a shift from public action to freedom. To the contrary, the effectiveness of the market-based instrument depends on a strong public action. A permanent (i.e. both during the preparation and the implementation of this tool) and multifaceted (i.e. at international, regional and national levels) public intervention is therefore required. The "invisible hand" of the market could only be effective with the "visible hand" of public authorities.