Comparative Environmental Law : Methodological Challenges and Ontological Perspectives

This article explores the evolving field of comparative environmental law, emphasizing its methodological diversity and ontological complexity. It begins by tracing the historical and theoretical foundations of comparative law, highlighting key paradigms and schools of thought. The discussion then shifts to the emergence and limitations of comparative environmental law, particularly its underdevelopment in French legal academia and its reliance on Western analytical frameworks. Using New Caledonia as a case study, the article examines the intersection of French civil law and Kanak customary law, revealing tensions between naturalist and animist ontologies. Legislative innovations in the Loyalty Islands Province, including the recognition of legal personality for natural entities, illustrate both the potential and the challenges of ontologically plural legal systems. The article concludes by advocating for a normative, interdisciplinary, and context-sensitive approach to comparative environmental law, one that embraces legal pluralism and fosters ecological justice.