L’autonomie locale environnementale selon le droit international

The article is structured into two main parts. The first part deals with the monopoly of state authorities to implement international environmental law. The second is entitled "towards the recognition of local powers in the implementation of international environmental law".

First of all, the article explains that the main treaties and international declarations that determine the environmental powers of State authorities and local authorities are the result of negotiations and constitute a compromise between the State and internal organisations. States are therefore more or less inclined to allow the local levels to participate using international instruments to take autonomous measures concerning the environment.
The article then goes on to explain the meaning of the terms used throughout the document State, the word "local", the notion of the "national/state authority", the term "local authority". The latter, as opposed to the term "national/state authority", is inspired by the Council of Europe's European Outline Convention on Transfrontier Co-operation.

The first part informs us about the powers of the authorities of the sovereign State in the environmental field such as, among others, communicating to the depositary or the other "State Parties" (such as the European Union) the choice of administrative authorities, everything that concerns rights and obligations in the maritime environment (navigation, sea fishing), in the field of the protection of the air, the ozone layer and the climate. The sovereign State also has an obligation to communicate at international level on its choice of internal authorities. This part also contains an explanation of the powers of the other state entities: those of federated States and the areas of competency allocated to indigenous and local communities, which leads into the second part of the article.

In this second part, the traditional position of international law - already explained in the article - is challenged. Here we are moving towards a direct recognition of the powers of local authorities on the basis of international law. The State therefore loses the possibility of choosing the authority that will be competent under domestic law. A true principle on the need to share competencies between the state level and the local level is thus enshrined in international environmental law. The essential goal is to give powers to local authorities, namely the right of cross-border cooperation.  
The principle of the necessity to share competencies between the state level and the local level is also developed in this second part of the article. The use of the principle of subsidiarity, which favours decision-making at the most appropriate territorial level, is mentioned, as is the fact that States should recognise the identity, culture and interests of indigenous populations and communities and give them all the support they need to enable them to participate effectively in the implementation of sustainable development.

The area of information and public participation in the decision-making process is also something that is important.
Finally, in certain natural environments, extensive cooperation between local authorities is essential. In particular this concerns mountain environments, the protection of landscapes as well as the cross-border management of the aquatic environment.

The last part of the article deals with the environmental competency granted to local authorities in the specific context of cross-border cooperation law.