Dissertations / Theses on the topic 'Droit international de la migration'
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Michallet, Isabelle. "La protection des espèces migratrices en droit international et en droit communautaire." Lyon 3, 2000. http://www.theses.fr/2000LYO33010.
Full textDib, Abdelhafid. "Mobilité internationale des travailleurs salariés en droit français et en droit algérien : étude comparative." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD054.
Full textThe international mobility of workers is seen as a states development factor, whether it is their home or host. It is an answer to skills deficiencies and labor work. It is an acquisition and transfer factor of knowledge and technology for States and their workforce.However, international mobility reveals a complex legal framework, since on the one hand, it is linked a certain fundamental rights witch necessarily involve consequences, and on the other hand, inappropriate uses of his qualifying it leads to confusion between the different forms of mobility. However, its implementation is not without consequences since it involves mixed effects for the three principal actors: States, companies and workers. That is what this study will illustrate
Rygiel, Philippe. "Une impossible tâche? L'institut de droit international et la régulation des migrations internationales 1870-1920." Habilitation à diriger des recherches, Université Panthéon-Sorbonne - Paris I, 2011. http://tel.archives-ouvertes.fr/tel-00657654.
Full textZambo, Mveng Jean-Claude. "La protection des travailleurs migrants au Cameroun et en France : étude de droit international et de droit comparé." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20012.
Full textAll over the world, the interests of people working abroad are at once unknown and disputed. The purpose of this study is to identify the lines of force behind, not without contradictions crisis or protect these people. Based on French and Cameroon law ( domestic and international ), the thesis seeks to demonstrate that, despite their belonging to different geographical areas and whatever their level of economic development, states provide legal treatment similar to migrants who are gainfully employed in their territory. The overall approach of taking into account the legal status of migrant workers is characterized by the gap between normative strengthening protection on the one hand and limited effectiveness thereof other. At first, strengthening of the law is deduced firstly from the diversity of legal rules applicable to migrant workers and the dynamics of interactions between them. Second, the strengthening of protection results with a capacity of enjoyment and exercise of rights by migrant workers more scope and a balancing (vertical or horizontal) rather harmonious recognized rights. In a second step, this normative consolidation of protection of migrant workers sentence to assert the facts. This is primarily due to the fact that the mechanisms of implementation of the rights of migrant workers are relatively unsatisfactory and that the actors involved in this protection are unequallyinvolved. The finding of limited effectiveness of the protection of migrant workers also stems from the diversity of obstacles to realizing the rights of migrant workers and to consider reforms in the context of a greater consideration of the rights of this category of people. In short, the study is a particularly current assessment of strengths and weaknesses of the law in both countries, so far as is concerned to safeguard the interests of this vulnerable category of people that are migrant workers. It helps to reaffirm the legal equality of individuals facing the screaming economic inequality states. This leads to the conclusion that in the field of protection of human, all states are, to varying degrees, on a training ground. That is,if the law itself is an ongoing issue for the protection of human rights in general and migrant workers in particular
Chotouras, Dimitrios. "Le statut juridique en droit international du réfugié écologique : une nécessité ! Le phénomène migratoire du fait des modifications environnementales." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0043.
Full textIn recent years, the process of climate change and environmental events trigger without any doubt a massive migration within and sometimes beyond national borders. A new category of people - victims themselves of these disasters that cause dangerous effects on the enjoyment of human rights - often grouped under the label «ecological refugees» flee a shaky situation likely to be exacerbated by the incapacity, the limited natural resources or, furthermore, the State's negligence. This term, mainly descriptive of a situation, has no legal value in international refugee law as long as the international refugee protection regime was not designed to deal with situations of environmental disruptions. In this context, in regard of the needs of people displaced by the effects of climate change, there is a necessity to establish a legal status for environmental refugees. It's not just the responsibility of the host State that must be analyzed, but also that of the State of origin. Several issues require prompt and adequate response. How can we protect the affected populations? Would it be appropriate to qualify as refugees certain categories of these displaced people by environmental change? What is the status of displaced persons due to the disappearance of a State submerged below sea level? If a State failed to effectively protect its citizens during a natural disaster, isn't it responsible for the mass migration? Or, can we consider that the existing international legal instruments can already protect and assist environmental refugees?
Silva, Da Anunciacao Clodoaldo. "Regard transdisciplinaire sur le phénomène migratoire au Brésil et en France : prémisses pour un système normatif légitimé par l'altérité et les droits de l'homme." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D044.
Full textIn a post-modem, multicultural, ambivalent and contingent environment, it is questioned in this study how to establish premises for a normative model to international migration, focusing on otherness and Human Rights; a model which can bring benefits to the countries of origin, destination and, especially for the migrant? lt was used a bibliographie and qualitative approach based on phenomenological and subject henneneutics to investigate the migration as a global complex and a transdisciplinary phenomenon. This research debates cultures, identities, diversity, otherness, and Human Rights to update concepts and institutions that capture the breadth and depth of human mobility spectrum in its potential. The aim is to identify premises for a legitimate normativity in a transcivilizational perspective based on human dignity, ethics of the species and Human Rights which regulates the global migration and provides benefits to the parties. A comparison between France and Brazil as representatives of the global North and South is made to demonstrate that the migration management, despite the predominance of humanized speech, state and social practices do not match the rhetoric disseminated. Results shows premises philosophical, economic, sociological, politic and legal that identify a legitimate regulation that effectively includes the migrant as a human persan at the center of discussions and decisions as addressed and author in the sense of belonging of immigration policies
Khaldi, Hanen. "La coopération en matière de migration internationale : le cas de l'Asie du Sud-Est." Doctoral thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/30199.
Full textLoubeyre, Alix. "Le droit européen des migrations et la confiance mutuelle entre les États membres de l'Union européenne." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D028.
Full textThe question of the existence and preservation of mutual trust is essential in understanding the current dysfunctions of the European migration policy and the significant difficulties in implementing EU law in this area. EU migration law requires direct cooperation between the national authorities responsible for asylum, border control, entry, stay, and return of migrants in the European Union. These national authorities need to have confidence in each other's ability and willingness to meet their European obligations in the field of migration. This kind of mutual trust between the authorities has important consequences for the situation of migrants at the Union's borders, and within its territory. Mutual trust is defined in the thesis as a combination of two presumptions. First, that national systems are equivalent to each other, and second, that they are all in conformity with Union law and in particular with its fundamental values as referred to in Article 2 TFEU. This thesis analyses the dysfunctions of the common migration policy under the prism of mutual trust and aims to demonstrate that EU law has so far been unable to build the ‘systemic convergence’ necessary to ensure it
Domínguez, Valverde Cécilia. "Les dispositifs de lutte contre le terrorisme international insérés dans les politiques migratoires et d'asile aux Etats-Unis et en Espagne : une analyse de cohérence et de performance." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010262/document.
Full textAdvances in information and transportation technology support transnational terrorist action and require a state response which takes into account the transnational terrorist movement. This response resulted in, for the United States and Spain, immigration and asylum measures that are part of counter‐terrorism strategies. American migratory and asylum measures to combat terrorism are consistent with American migratory tradition and foreign policy, while Spanish measures are consistent with international law, though in conformity with European law. The international doctrine has also justified the adoption of these measures on the basis of social contract and sovereign exceptionalism theories. However, the adoption of migratory and asylum measures to combat terrorism is part of a process of criminalization of migratory law also known as crimmigration. The migratory and asylum measures undertaken to combat terrorism have not been effective in eradicating terrorism, despite their continuous presence during migration control and treatment of asylum‐seekers, though they are valuable instruments for action against illegal migration and preserving cultural "stability". In fact, they are part of a surveillance system of alien people. The construction of this system implies the creation of an "Enemy" migratory and asylum law that considers the alien as a risk to security and consequently gives the alien an exceptional treatment which results in the loss of its legal personality. This "Enemy" migratory and asylum law enables the State to symbolically achieve its goals and obtain a new source of legitimacy
Angrisani, Roberto. "L'action de la Cour de Justice de l'Union européenne pour la protection des droits fondamentaux face à la répression des migrations irrégulières." Doctoral thesis, Université Laval, 2020. http://hdl.handle.net/20.500.11794/67910.
Full textL'étude défend la thèse selon laquelle la Cour de justice de l'Union européenne, avec son action interprétative, joue un rôle majeur dans la définition du niveau de protection des droits fondamentaux des migrants en condition irrégulière dans l'UE. Les compétences limitées de l'UE en matière migratoire, partagées avec les États membres (article 4, § 2, lettre j TFUE ), n'ont pas empêché la Cour de justice d'affirmer des principes généraux de droit qui ont marqué l'évolution de l'activité législative européenne, au point de contrecarrer l'action répressive mise en exergue par les États membres et parfois par l'UE elle-même. Néanmoins, l'interprétation faite par la CJUE du droit primaire et dérivé à la lumière de la Charte des droits fondamentaux de l'UE rencontre des limites majeures lorsqu'elle vise le contentieux pénal et administratif portant sur l'immigration irrégulière. La première partie de l'étude est consacrée aux limites de l'action interprétative de la CJUE. La dimension territoriale étant le fil conducteur de la recherche, l'analyse montrera d'abord les obstacles qui s'opposent à une action efficace des juges de Luxembourg face à la répression « avant l’entrée » et « à la sortie » des migrants. En effet, tant les accords pris par l'UE ou par ses États membres avec des pays tiers pour empêcher les départs, que les accords de réadmission visant les retours des migrants en condition irrégulière vers leur pays d'origine ou vers des pays de transit se placent souvent à l'extérieur des compétences de la CJUE. La deuxième partie se concentre sur les pratiques de répression des migrations irrégulières sur le territoire de l'UE. L'importance du mécanisme du renvoi préjudiciel (article 267 TFUE) sera mise en exergue à partir du contentieux pénal sur la criminalisation des migrations et le contentieux administratif sur la répression du même phénomène. Si l'efficacité de l'action de la CJUE manifeste son ampleur dans la dimension interne de la répression des migrations, l'analyse de sa jurisprudence touchant la dimension externe de la répression permet de montrer le besoin d'harmonisation dont la politique migratoire de l'UE a besoin aujourd’hui.
This research argues that the European Court of Justice, with its interpretative action, plays a major role in defining fundamental rights for irregular migrants in the EU. The limited competences of the EU in migration matters, shared with the Member States (Article 4(2)(j) TFEU), have not prevented the Court of Justice from affirming general principles of law that have marked the development of European legislative activity, to the point of thwarting the law enforcement action highlighted by the Member States and sometimes by the EU itself. Nevertheless, the interpretation made by the CJEU of primary and secondary law in the light of the EU Charter of Fundamental Rights encounters major limitations when it comes to criminal and administrative litigation on illegal immigration. The first part of the study is dedicated to the limits of the interpretative action of the CJEU. As the territorial dimension is the central thread of the research, the analysis of case law shows the obstacles to effective action by Luxembourg judges in the face of repression "before entry" and "on exit" of migrants. Indeed, both the agreements taken by the EU or by its Member States with third countries to prevent departures, and the readmission agreements aimed at the return of migrants in an irregular condition to their country of origin or to transit countries are often outside the competence of the CJEU. The second part focuses on the practices of repression of irregular migration on the territory of the EU. The importance of the preliminary ruling mechanism (Article 267 TFEU) will be highlighted from the criminal litigation on the criminalisation of migration and the administrative litigation on the repression of the same phenomenon. While the effectiveness of the action of the CJEU is obvious in the internal dimension of the repression of migration, the analysis of its case law on the external dimension of repression shows the need for harmonisation that EU migration policy needs today.
Comte, Emmanuel. "La formation du régime européen de migration, de 1947 à 1992." Thesis, Paris 4, 2014. http://www.theses.fr/2014PA040046.
Full textBearing in mind the political sensitivity of migration flows in general, and the debates brought about by migration relations among European states in particular, this research is designed to fill a gap in the existing knowledge of European regionalism. Historians have indeed not yet fully explained the formation of the European migration regime. A variety of rules, written or not, relating to residence, the crossing of borders, and the provision of social security for migrants define this regime, which covers both intra-European migration flows and flows between Europe and the rest of the world. In order to produce a better understanding of the nature of the regime and the underlying political strategies that are related to it, this research was mainly based on the archives of the most powerful immigration states, the FRG and France, and of those of the EU Council of Ministers, the central institution in the definition of the European order, where states display their preferences and bargaining power. The regime corresponds to the preferences of the FRG, which was eager to stabilize Western Europe in the context of the Cold War, and which then worked to diplomatically unify West Europeans in preparation for the collapse of the Soviet order. An open migration regime in Europe also favoured the penetration of foreign markets by German firms. Its large labour demand enabled the FRG to support this regime, although the regime evolved to favour more skilled movements. The study involves the development of a new theory of open migration regimes that specifies the most favourable economic and demographic conditions, and which outlines the factors that encourage a state to support such a regime
Toso, Federica. "La dimension extérieure de la politique migratoire de l'UE." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA027.
Full textAccording to the Treaties, the EU shall frame a common policy on asylum, immigration and external border control, based on solidarity and on the respect for fundamental rights, whose achievement clearly relies on the establishment of strategic relations with Third Countries. However, the EU external action in this policy field faces various challenges. Primarily, the EUshall make any efforts to promote the collaboration of Third Countries of origin and transit, by strengthening its international reliability and, accordingly, the spread of a spirit of mutual trust. Secondarily, the EU shall strive to make effective such a collaboration, by ensuring that the external competence is exercised by the political level providing the added value and by making use of any available cooperation tool, binding or not. Conclusively, the external dimension of EU migration policy shall be backed by a coherent and flexible strategy, apt to guarantee the effective management of migration flows
Eppreh-Butet, Raphaël T. Yaovi. "La gestion de l’immigration illégale aux Etats-Unis d’Amérique et au Canada : l’amnistie comme une solution au problème de la migration irrégulière." Thesis, Paris 3, 2009. http://www.theses.fr/2009PA030090.
Full textThe United States of America [Immigration Reform and Control Act, 1986] and Canada [Adjustment of Status Program, 1973] resorted to amnesty in order to curb the growing complexities of illegal immigration. What was the impact of the legalization program, and the stakes relating to immigration in the United States and Canada ?
Peretz, Pauline. "L'émigration des juifs soviétiques : le rôle des Etats-unis, de 1953 à la fin des années 1980." Paris 1, 2004. http://www.theses.fr/2004PA010655.
Full textMützelburg, Irina Béatrice. "Multi-level transfer of international norms : asylum policies and practices in Ukraine (1993-2015)." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0001.
Full textThis thesis uncovers the importance of often overlooked actors and transfer channels by adopting a longitudinal and multi-level perspective on international norm and policy transfer. It examines the role of international organisations in the development of asylum policies and practices in Ukraine since the adoption of the first Law on Refugees. It shows how the action of international and domestic non-governmental organisations is interlinked with and differs from the sector-specific conditionality exercised by the European Union. In this manner, it enriches the findings on transfer from research that has mostly focused on top-down processes and political elite actors. It investigates the interactions and relations between state and non-state actors of the “transfer chain”, revealing logics of dependence, delegation and control as well as processes of translation, support and resistance. Analysing the support and subtle forms of resistance to the legislative adoption of international norms at the Parliament, it demonstrates that adoption is shaped, to a large extent, by domestic politicians’ pursuit of recognition and incentives by international organisations. Moreover, non-state actors seek to influence state practices by adapting their strategies to domestic resistance and structural obstacles, utilising confrontational and harmony-seeking, formal and informal, top-down and horizontal strategies. While norm entrepreneurs try to trigger the formalisation of certain changes, the effects of the transfer attempts on state practices remain heterogeneous and unstable. This thesis thus adds to transfer scholars’ widespread findings regarding the weak application of norms
Charupa, Kotsuba, and Panasiuk. "INTERNATIONAL LABOUR MIGRATION." Thesis, Київ 2018, 2018. http://er.nau.edu.ua/handle/NAU/33677.
Full textMazaudoux, Olivier. "Droit international public et droit international de l'environnement /." Limoges : Pulim, 2008. http://catalogue.bnf.fr/ark:/12148/cb412344924.
Full textChowdhury, Mehdi Mahmud. "Essays on international migration." Thesis, University of Nottingham, 2011. http://eprints.nottingham.ac.uk/12013/.
Full textSlaymaker, Rachel. "Essays on international migration." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/50664/.
Full textHoxhaj, Rezart. "Essays in international migration." Thesis, Lille 1, 2015. http://www.theses.fr/2015LIL12019.
Full textThis thesis investigates two topics which are crucial in the context of international migration flows but that have been so far rather neglected by the existing literature. The first topic concerns a fundamental determinant of migration, the expectations of migrants about life and economic conditions in the (potential) destination country. Migrants' perceptions about potential gains at destination influence their propensity to move. The first essay of this thesis sheds light on the mechanisms and determinants that influence immigrants’ expected wages at destination. The second topic addressed in this thesis – developed in the second and third essays – concerns the impact of firms' internationalization on labour migration, with a particular focus on the international movement of skilled workers. More in specific, in the second essay of this thesis, I employ a labour demand approach to understand the firm–level determinants that induce foreign firms to use foreign workers instead of native workers. Our focus on Africa, a growingly important destination in the geography of global investments flows, allows me to shed some lights on the potential pro-development effects of intra-firm international migration. In the third essay, I test empirically a recent theoretical model developed by Jayet and Marchal (2015) which predicts complementarity between capital flows and skilled workers migration flows. The primary objective of this study is to contribute to the debate on the relationship existing between migration and FDI flows. In addition, the analysis investigates some important country characteristics and factors that affect both FDI attraction and skilled worker migration
Signorotto, C. "ESSAYS ON INTERNATIONAL MIGRATION." Doctoral thesis, Università degli Studi di Milano, 2015. http://hdl.handle.net/2434/335010.
Full textFALCO, CHIARA. "Essays on International Migration." Doctoral thesis, Università degli Studi di Milano-Bicocca, 2015. http://hdl.handle.net/10281/95498.
Full textMattout, Jean-Pierre. "Droit bancaire international." Paris 1, 1992. http://www.theses.fr/1992PA010280.
Full textThe bulk of the different works are oriented towards banking and financial law, and especially its international aspects. It is an attempt to systematize the main operations in the international banking field, from a legal stand point. Studies have been conducted of the applicable law to international banking operations, the financing operations (prefinancing, international discounting, supplier's credit, buyer's credit, international leasing, financing credit) the off-balance sheet operations (first demand guarantees, documentary credits, letters of indemnity). The other works have been devoted to certain peculiar aspects of the same topics or to other banking operations like swaps, netting, unit trusts or to international legal aspects of bankruptcy or agency agreements
Rudd, Dianne Marie. "Women and migration : internal and international migration in Australia /." Title page, table of contents and abstract only, 2004. http://web4.library.adelaide.edu.au/theses/09PH/09phr914.pdf.
Full textCattaneo, Cristina. "Three Essays on International Migration." Thesis, University of Sussex, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.506846.
Full textValette, Jérôme. "Three essays on international migration." Thesis, Université Clermont Auvergne (2017-2020), 2017. http://www.theses.fr/2017CLFAD008/document.
Full textInternational migration recently attracted unprecedented public attention and media coverage. However, while the debate on the effects on international migration on the economy seems now more relevant than ever, it already attracts the attention of economic researchers for decades. The present thesis provides three empirical studies that investigate the implications of international migration both for migrants themselves, natives in their host countries and those left behind. Chapter 2 empirically revisits the impact of multiculturalism on the macroeconomic performance of US states over the 1960-2010 period. We test for skill-specific effects of multiculturalism, controlling for standard growth regressors and a variety of fixed effects, and accounting for the age of entry and legal status of immigrants. To identify causation, we compare various instrumentation strategies used in the existing literature. We provide converging and robust evidence of a positive and significant effect of diversity among college-educated immigrants on GDP per capita. Conversly, we find no impact of low-skilled diversity or contamination effects. Chapter 3 fits within the literature looking at the determinants of the performance of immigrants in the destination country labor markets. We investigate how natives’ attitudes affect immigrants’ unemployment duration in Germany. Using individual level panel data from the German Socio Economic Panel from 1984 to 2012, we use survival analysis methods to model immigrants’ unemployment durations. We find that lower trust levels of natives towards the citizens of a given country, measured using Eurobarometer surveys, positively influence the unemployment duration of immigrants originating from this country. Our results highlight the fact that immigrants face different obstacles depending on their origin when it comes to integrating destination country labor markets. Chapter 4 analyses whether international migrants contribute to increasing technological advances in developing countries by inducing a transfer of productive knowledge from developed countries back to migrants’ home countries. Using the Economic Complexity Index as a proxy for the amount of productive knowledge embedded in each countries and bilateral migrant stocks of 20 OECD destination countries, we show that international migration is a strong channel of technological transmission
Tamura, Yuji. "Issues in contemporary international migration." Thesis, University of Warwick, 2006. http://wrap.warwick.ac.uk/67792/.
Full textAbel, Guy J. "International migration flow table estimation." Thesis, University of Southampton, 2009. https://eprints.soton.ac.uk/69577/.
Full textДомашенко, Марина Дмитрівна, Марина Дмитриевна Домашенко, Maryna Dmytrivna Domashenko, and D. S. Pimonenko. "Ukraine in international migration processes." Thesis, Сумський державний університет, 2021. https://essuir.sumdu.edu.ua/handle/123456789/86612.
Full textBettin, Giulia. "Three essays on international migration." Doctoral thesis, Università Politecnica delle Marche, 2009. http://hdl.handle.net/11566/242121.
Full textReynaud, Pascal. "Droit d'auteur, droit international privé et internet." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30003.
Full textThe thesis is concerned with the application of the rules of private international law to copyright and internet. The text is devided up into two sections: the protection can be granted under the provisions of the law of the country of origin of the work for some questions or under the law of the protecting country for others. The country of origin shall be considered to be where the work is first published. Under french law, the definition of publication includes the first communication on the internet. On the opposite, the Berne Convention excludes from the definition of publication the first communication on Internet. The first publisher on internet may be the person who creates the work or the person who makes the necessary arrangements for the making of the first publication. The country of protection is concerned with two main issues. First, the question of juridiction in case of infringement and contracts in relation of the exploitation of works on internet, specially juridictional issues in relation to European Community right. A person shall be sued in the courts of the state of his domicile or where the harmful event occurred. The main problem is to identifie the place of the event giving rise to the damage, (the place of transmission), and the place where the damage occurred in the case of multi-state communication through the internet, (the places of reception). In all the cases the impact of the decision of the court should be broad in relation to the scope of the communication on internet. Secondly, the choice of the law must be determined, in principle, by the law of the person who makes the necessary arrangements for making the transmission. In the case where the national law is not compatible with the standards of international conventions on copyright, the choice must be the law of the forum
Fouchard, Isabelle. "Crime international : entre internationalisation du droit pénal et pénalisation du droit international." Paris 1, 2008. http://www.theses.fr/2008PA010291.
Full textCuq, Marie. "L'alimentation en droit international." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100128.
Full textIn 2015, FAO estimated that approximately 795 million people are undernourished in the world. The United Nations has regularly qualified this situation as “a violation of human dignity”. In this context, the international cooperation legitimately became a privileged means to fight against malnutrition. However, the access to food is at the crossroads of numerous problems. Some States are eager to assert their self-sufficiency while others meet difficulties managing their surpluses. Health or nutritional quality issues join concerns about the accelerated loss of genetic diversity. Responding to these various concerns, food has been the subject of many international rules. Some promote the liberalization of their production and trade, sometimes to the detriment of a consideration of the level of development of countries, of the biological diversity or the quality of food. Some take account of these issues but their coordination seems difficult with the rules of economic liberalization. Nevertheless, States set up the access to food as a global goal and the coherence of international law seems essential for its achievement. The present study aims to determine to what extent international law, characterized by the fragmentation of its rules, contributes to improving the conditions of access to adequate food at the world level
Chan-Tung, Ludovic. "L'opposabilité en droit international." Thesis, Grenoble, 2012. http://www.theses.fr/2012GREND016.
Full textOpposability is based on States' consent. Consent is the essential criterion of opposability which is defined as the result of the subjective implementation of the voluntarist criterion. Moreover, the conventional, customary and unilateral sources of international law are opposable to States by virtue of their acceptance. However, its role changes among the different sources, causing an adaptation of opposability. The appearance of concepts such as international community, objective personality, international legislation or automatic succession hasn't jeopardized the voluntarist basis of opposability. Nevertheless, it seems that consent is challenged by objective foundations in the case where treaties establishing territorial regimes. Thus we should imagine a very limited emergence of opposability's objectivization. That objectivization, without being actually established, would be perhaps in statu nascendi
Martin-Bidou, Pascale. "L'acquiescement en droit international." Paris 2, 1992. http://www.theses.fr/1992PA020117.
Full textIn public international law, acquiescence belongs to tacit acceptance. First it may assume several aspects from silence to action. Some conditions must be fullfilled : imputability and knowledge above all. Time does not seem to be a condition of the existence of acquiescence. Some effects of acquiescence concern international legality acquiescence always leads to opposability, and sometimes to creation or modification of law. Acquiescence also products effects for its author (recognation, renunciation, estoppel, foreclosure). Acquiescence is an unilateral act which manifests the will of a state. Based on the concept of good faith, it finds its last ground in the necessity of keeping the stability of international relations. Factor of security and harmony acquiescence is very usefull in a juridical system based on will and consent of states
Châmes, Olivier. "L'applicabilité du droit international." Montpellier 1, 2002. http://www.theses.fr/2002MON10069.
Full textRíos, Rodríguez Jacobo. "L'expert en droit international." Paris 1, 2008. http://www.theses.fr/2008PA010317.
Full textGruici, Simona. "International Security : Crossing Borders: International Migration and National Security." Thesis, Högskolan i Jönköping, Internationella Handelshögskolan, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-15242.
Full textNefodova, A. A. "Migration policy and regulation of the international labor force migration." Master's thesis, Sumy State University, 2019. http://essuir.sumdu.edu.ua/handle/123456789/75548.
Full textThe master’s thesis examines the essence of the term “international labor migration”, the classification of this phenomenon and certain strategies of migration policy in order to prevent illegal labor migration. The focus was on the analysis of the existing migration policy strategies and the effectiveness of these strategies. The main aim of this research is to develop recommendations for improving the effectiveness of existing migration policy strategies and for making some changes to improve its effectiveness.
Vareilles-Sommières, Pascal de. "La compétence normative de l'Etat en matière de droit privé, droit international public et droit international privé." Paris 1, 1992. http://www.theses.fr/1992PA010261.
Full textGiven a private law relationship, does the question wether a state has jurisdiction to regulate this relationship find answers in public international law, and if so, what is its substance ? state jurisdiction to regulate private law relationships is essentially regulated by private international law, which provides for jurisdiction to adjudicate (conflict of jurisdiction rules) and, rules of jurisdiction to prescribe (conflict of laws rules). In order to have an influence on the answers to questions implemented by this rules, public international law might either deprive them of efficacity by substitution of real internationalrules of jurisdiction, or prescribe to states which enact them to comply with some conditions of lawfulness. A quest on international prescription bearing on state jurisdiction in private law matters shows that international law does not contain in itself real rules of jurisdiction, but that it just regulates the way the states implement both their own jurisdiction and the jurisdiction of other states. The content of this regulation can be reduced to the principle of non-intervention of states in domestic affairs of other states. That means that international law forbids a state to challenge independance of another state in taking its place as a legislator or judge of all or a substantial partoi private law relationships belonging to its jurisdiction. A state which violates this principle would have to deprive of efficacity unlawful norms, according to international law of states responsibility ; the lawfulness and afficacity of these norms could even be challenged by third-states
Vareilles-Sommières, Pascal de. "La compétence internationale de l'État en matière de droit privé : droit international public et droit international privé /." Paris : LGDJ, 1997. http://catalogue.bnf.fr/ark:/12148/cb366947391.
Full textSamba, Yves. "L'apatride en droit international et en droit comparé." Montpellier 1, 2002. http://www.theses.fr/2002MON10066.
Full textLong, Sarapech. "L'application du droit international en droit interne cambodgien." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0035.
Full textThe research tries to escape from the long-standing theoretical enigma of the problematic relationship between the international legal order and the state legal order, to confront the legal reality, the critical effectiveness and the devoir-être of state vis-à-vis the international prescription which is in itself doubtful. In the international order, the status quo of legal rules remains ambiguous and decentralized, through its sources, substances and levels of evolutionary legality, from jus cogen to soft-law. The application of these rules in the state legal order, meanwhile with state rules, remains an objective challenge for the state. The case of Cambodia, a developing state, confronts the gap between national practices via its organs, legal nationalism and its internationalized Constitution, the objective of the State for its legitimacy to integrate into the international community; the context is illustrated by the position shared with other new subjects of international law of the 20th century that wanted a new dynamic of international rules to meet their needs. The codification of international law is the promising trend to crystallize and develop the law. International jurisprudence sanctions state’s rules in equivoque maner, while defending its legal primacy through mechanisms of the law of responsibility and the law of treaties. This would reflect our perspective of strengthening the application
Nicod, Benoît. "L'immunité d'exécution en droit interne et droit international." Paris 2, 1986. http://www.theses.fr/1986PA020063.
Full textThe french foreign public entities intervene more and more often in economic environment as direct actors. They should be subjected to execution enforcement, but immunite of execution forbids that such a move be applied to them. In french domestic law, all public entities enjoy i-munity of execution, except in the cas of the industrial and commercial public accountant, such as s. N. C. F. , g. D. F. , e. D. F. Or charbonnages de france. The french law offers tot creditors of public companies several techniques and ressources which give them the possibilite to proceed to the recovery of their out standing debts. In international law, the principle of immunity of execution prevails even if it suffers some exceptions pertainings to funds affected to a commercial activity and to institutions autonomous or non distinct of the foreign state concerned. In cas of immunity, the juridical relation of which has been set up between the parties is interetatic. The study of this relations enables us to describe the various means offered to the creditor of a foreign state or one of its emanations to achieve the extinction of the end contracted by the concerned parties
Saraogi, Amrita. "Essays on international migration and remittances." Thesis, University of Kent, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.651283.
Full textOelgemoller, Eva Christina. "Migration management : the radical violence of the international politics of migration." Thesis, University of Sussex, 2012. http://sro.sussex.ac.uk/id/eprint/39688/.
Full textEl, Baroudy Jinane. "La sanction du crime international d’agression : perspectives de droit international et de droit comparé." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA015.
Full textThe lack of definition of the international crime of aggression, described as the mother of all international crimes, by the International Criminal Court, and the inability of the Security Council to qualify and punish such violations to establish justice and peace, participate that the aggression, through the use of armed force, remains unfortunately nowadays a tradition as often as dangerous. Beyond the conceptual difficulty, there is another problem that is as difficult to overcome in the national and international scenes, namely identifying the way to repress these wars. The lack of identification of the authors of these wars and the non-recognition of the victims lead to lack of punishment which is the main source of repetition of the violations by the great powers.In order to know whether it is realistic and appropriate to prosecute this crime as an act of the State, without forgetting the individual dimension of the act, the purpose of this research was to identify all remedies whether through the courts or by political means (the UN, regional organizations, national parliaments, public opinion). Concerning judicial matters, this research analyzes internal repression by the judge (in the French, German, American and English systems) and by the international judge to the International Criminal Court and other international tribunals. This thesis aims to present all real possibilities of engagement and liabilities for international crimes of aggression, whether these are treated as major political mistakes or crimes, through an analysis of the obstacles encountered by the application of international and domestic laws in the context of crimes of aggression
Lu, Shenghui. "Contrats internationaux en droit international privé chinois : comparaison avec le droit international privé français." Paris 2, 2001. http://www.theses.fr/2001PA020037.
Full textKerdreux, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0812.
Full textThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
Belhumeur, Jeanne. "Droit international de la mode /." Treviso : Canova, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/324836414.pdf.
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