Le Paysage en Droit Comparé et en Droit International

Prieur, Michel

doi:10.3233/epl-1997-27428

Cited by 4 publications

(4 citation statements)

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“…Alors qu'il a fallu attendre la fin des Trente Glorieuses pour qu'apparaisse un regain d'intérêt pour le paysage, cet intérêt n'a cependant pas changé la physionomie de ce droit. En effet, le droit du paysage s'est constitué, en France comme dans les autres pays européens (Prieur, 1997), au sein de trois grands blocs législatifs qui régissent l'espace et sa gestion 71 :…”

Section: Le Droit Du Paysage : Ses Tensions Internesunclassified

“…73 C'est le cas, par exemple, dans Prieur (1997). 74 Dans la mesure où l'esprit de la législation du bail vise en priorité à favoriser la production et à garantir la stabilité de l'exploitant, le preneur est en principe libre d'organiser son exploitation comme il lui convient et l'article L. 411-28 du Code rural a eu pour objectif de limiter son activisme anti-haies.…”

Section: Le Droit Du Paysage : Ses Tensions Internesunclassified

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Approche du paysage en droit français

Guttinger¹

2007

reae

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The study of the correlations between yesterday and today's juridical rules and types of landscape is still to be made. Nevertheless, the association "right and landscape" can provoke more theoretical thoughts to the jurists. The term "landscape" appeared in French law in 1906. More recently, the law of January 8th 1993, named "Landscapes Law", confirms the landscape as a value to be promoted to the biggest benefit of the individuals and the Society. However the jurists still agree to wonder how the Right takes possession of the landscape. First, two questions will be examined: the juridical definition of the landscape and its juridical qualification, that is to say the operation to enter a fact into the categories of Right and, consequently, to assure it a full reception in the legal system. However, the Napoleonic Civil Code specified the juridical categories of the property law used in French law and the category "common heritage" is hardly satisfactory. Then, the internal tensions present in the rules applicable to landscapes will be assessed: they can be explained by the burst of these rules and mostly by the multiplicity and the variety of the persons subject to feel concerned by the future of the very landscape. Private possession, public possession and common possession are indeed likely to express themselves, and the promoters of a public policy centred on the protection or the management of the landscape have to keep this fact continually in mind. More precisely, we evaluate if French law considers the wish of common possession of the landscape, a tendency highlighted by the Council of Europe in its European Landscape Convention.

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Section: Le Droit Du Paysage : Ses Tensions Internesunclassified

Approche du paysage en droit français

Guttinger¹

2007

reae

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“…The picturesque vision of the "natural" landscape, which is worthy of protection because of its intrinsic beauty, begins to be overcome [3,4]. The "landscape" begins to be considered as a systemic reality of human/physical environment and biotic nature relationships.…”

Section: Introductionmentioning

confidence: 99%

Sustainable Management of Productive Cultural Landscapes: The Pascual Harriague Wineries in Salto as a Case Study

Arana¹,

Castresana²

2020

IJSDP

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This article proposes guidelines for the creative management of productive cultural landscapes. These guidelines are briefly illustrated with reference to a case study: the productive cultural landscape of wine and vineyards in the riverside city of Salto, Uruguay, during the last years of the 19th century. The proposed guidelines follow the order and approaches of the links in the Landscape Value Chain. These steps are applied to the landscape from a triple approach, as memory, image and socio-system. Thus, the identification of traces and narratives of memory, elements of image and poles of opportunity of the socio-system is proposed. Each element is valued, considering its potential for re-signification and its cost. An intervention is also proposed, based on reversibility and humility. And, at all times, a process of dissemination or accountability and socialization or social dialogue is maintained. In conclusion, the recovery of a landscape must be understood as something that implies re-signifying its memory (activating its traces with narratives), the restoration of its image (giving it continuity) and restoring its social system (reactivating the socioeconomic dynamics based on the feeling of belonging), through an adequate social participation and a required subjective, non-positivistic approach to the processes, to achieve our objective: the recovery of the character of a productive cultural landscape to encourage the entrepreneurship of its inhabitants.

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“…This has happened in our field, since the mid-19th century, where the physical evolution of the anthropized landscape was conceived as an aggressive alteration of the physical environment (physical geography) produced by human action [1]. The natural environment, understood as a wild, open and undivided landscape, has been considered worthy of protection against this attack due to its inherent beauty [2], [3].…”

Section: Introductionmentioning

confidence: 99%

Analysis and Management of Landscapes With Patrimonial Character in Their Triple Facet of Memory, Image and Sociosystem

Arana

Llano-Castresana

2019

WIT Transactions on Ecology and the Environment

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This article proposes the dichotomy of "landscape" analysis necessarily associated with a qualifier such as "natural" or "cultural", which implies unnecessarily limiting its concept, should be overcome. For this, some authors have proposed the definition of the landscape in three differentiated and interrelated levels; these lines analyse and propose what this three-dimensional analysis would consist of. When assuming this three-dimensional approach, it is proposed that the three facets for its analysis and management would be: memory, generating a feeling of belonging or anchoring; the image, as identity, meaning and physical structure of a perception; and the sociosystem, analyzed in terms of the characteristics of the habitat, the inhabitants and their habits. Memory can be reconstructed and enhanced through spontaneous or directed processes of recovery and reintegration. The image can also be constructed, by interpreting it and minimizing its noises and discontinuities to turn it into a vivid, differentiated and evocative perception. The sociosystem is the area of the landscape that responds less to a behavioural methodology. We must, therefore, seek the measurement of certain factors that, despite not accurately reflecting subjective characteristics or externalities, work as indicators of a comparative evolution. As a result, an identification of the elements that articulate each of the facets is obtained for subsequent documentation and assessment through social dialogue: traces and narratives of memory; nodes, milestones, paths, districts and edges of the image; and opportunity spaces of the sociosystem. Frequently, interventions on cultural landscapes are excessively focused on improving their aesthetics (image), protecting their heritage by historicizing it (memory) or obtaining profitability, especially touristic profitability from their socioeconomic potential (sociosystem). Through this three-dimensional landscape analysis, we can compensate the gains achieved from each facet (memory, image and sociosystem) with the losses of the others, avoiding rejection and achieving social involvement and the essential balance with the means to make our project sustainable.

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Le Paysage en Droit Comparé et en Droit International

Cited by 4 publications

References 0 publications

Approche du paysage en droit français

Approche du paysage en droit français

Sustainable Management of Productive Cultural Landscapes: The Pascual Harriague Wineries in Salto as a Case Study

Analysis and Management of Landscapes With Patrimonial Character in Their Triple Facet of Memory, Image and Sociosystem

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