Dissertations / Theses on the topic 'Droit – Unification internationale – Maroc'
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Abdou, Mehdi. "L'alignement du droit marocain du transport aérien et son volet sécuritaire sur le droit de l'Union européenne." Electronic Thesis or Diss., Normandie, 2017. http://www.theses.fr/2017NORMR153.
Full textInternational bilateral cooperation is based on normative cooperation. Most often, this is called harmonization or normative convergence. Yet today, a new form of cooperation is emerging in the context of the European Union - Third States relationship. This will be qualified as normative alignment. Indeed, this new concept aims beyond a convergence between legal systems. This is the new configuration of the Euro-Moroccan air link
Sabeh, Affaki Bachir. "L'unification internationale du droit des garanties indépendantes." Paris 2, 1995. http://www.theses.fr/1995PA020023.
Full textBorn and shaped under the auspices of international commercial practices, and flowing mainly in their orbit, even though no more exclusively, independent guarantees have long formed a "no-law land". They were governed solely by their own terms as well as by general provisions of contract laws. The national profile that characterises inevitably these provisions and the court decisions rendered under their auspices revealed however blatantly the absence of any common undersantding of the concepts and the practices that underlie the usage of independent guarantees. The need for security and forseeability in international commercial transactions prompted an international normative action towards unifying the laws of independent guarantees. This action worked mainly on two dimensions: the first, of contractual nature, consists in elaborating uniform norms of conduct and model forms destined to be contractually incorporated in each guarantee. Additionally, the international normative action worked on another dimension aimed more particularly towards state's national laws. In this respect, an international convention on independent guarantees and standby letters of credit is currently being finalized. Its legislative nature and its applicability ipso jure unless otherwise excluded enables the unification actio to reach areas otherwise inaccessible to contractual unification means. Revisiting the legal principles and practices of independent guarantees as reshaped by the new unification process, with the aim to studying the unification reached and analysing the causes for the irreducibility of refractory areas, shall lead the development of this work. A constant reference to the field practice of guarantees shall underlie its doctrinal studies
Mecarelli, Gabriele. "L' hypothèse d'un droit commun du procès : Réflexions sur le rapprochement international et européen de la procédure civile." Paris 2, 2002. http://www.theses.fr/2002PA020094.
Full textHojabr, Ghelichi Alexis. "L' harmonisation du droit de la faillite internationale." Paris 2, 2006. http://www.theses.fr/2006PA020038.
Full textAttia, Syrine. "L' harmonisation communautaire et internationale de l'information légale financière." Paris 1, 2006. http://www.theses.fr/2006PA010274.
Full textKikkis, Ioannis. "Le droit moral de l'auteur dans la société de l'information : étude de droit français, de droit comparé et de droit communautaire." Nantes, 2004. http://www.theses.fr/2004NANT4006.
Full textComparative study of the theory of moral right in the European Union confirms that such a right protects the close relation that exists between author and his work. In the digital environment moral right must be applied according to the rule of reason. The nature of the work, the intensity of the violation and the conditions of the creative work could be of a certain utility. But the main impact of the digital environment lies in the international character of work's transmission. The question of harmonising moral right is a serious option to consider. It would be a strong sign of recognition of moral right in the European Union, aiming to influence the decisions in the international level
Lecuyer, Stanislas. "Appréciation critique du droit international privé conventionnel : pour une autre approche de l'harmonisation du droit international privé à l'heure de la mondialisation." Paris 10, 2006. http://www.theses.fr/2006PA100089.
Full textWhat will be the future for private international law Conventions ? Private international law is characterized by spatial levels which interlink. It is possible to take an alternative approach based on the concept of system. Globalization could be the phenomenon which justifies this choice. The Convention, despite legitimate criticisms, will be the pivot of the system. The political interpretation given to article 65 of the European Treaty which prioritises the Regulation could seem in many respects unfounded. If the Convention must be the pivot, some alterations should be made. The neutrality of the rule of conflict of laws should become a priority. Besides, the way the Convention is elaborated must be modified. This instrument of public international law could be adapted to the purposes for private law. The Convention of Vienna of 1969 on the law of Treaties has numerous rules which can be adapted by the States. Most important is to create a dynamic towards the harmonization
Assaf, Rayanne. "L' unification du régime juridique des conventions d'arbitrage interne et international." Paris 2, 2008. http://www.theses.fr/2008PA020072.
Full textToledo, Anne-Marie. "Notion de sûreté et droit du commerce international." Paris 1, 1997. http://www.theses.fr/1997PA010335.
Full textDevices resulting from international business practice and inspired by foreign legal systems (autonomous guarantees, property-security interest) have transformed french law of security. Such new techniques have challenged the classic criteria used to define the concept of security interest such as accessory. All of these changes have lead to the redefining of the concept of security interest in order to take into consideration this development and therefore to discover new criteria. On this respect the criteria of "categorical" consideration ("cause categorique") allows to convey in a new way the indisputable link between the security interest and the guaranteed contract. Therefore, a security interest is defined as "an institution which through the allocation to the principal claim, of an asset, a group of assets or all assets, grants an additional right of claim, preferential right or a fiduciary property right which allows, through its implementation the payment of the guaranteed claim". The search of this definition has allowed to shed light on the development of fundamental concepts in this area of law and therefore goes even further in order to respond to the expectations of international commerce in two ways. The first consists not only in accepting but also creating under french law the techniques inspired by foreign systems such as the floating charge and the trust. The purpose of the second is to propose the creation of a "transnational" security interest adapted to the needs of international business, based on the berd and unidroit models
Djemali, Karima. "L'insolvabilité internationale : évolution et prospective." Dijon, 2007. http://www.theses.fr/2007DIJOD005.
Full textThe treatment of cross-border insolvency has much improved since the adoption of the European Union Insolvency Regulation in 2000, of the OHADA Treaty in 1997 and the Model law on Cross-Border Insolvency in 1997. However, this international approach is, in one hand, limited by the scope of these conventions and in the other hand, concerns few numbers of countries. In fact, these instruments failed to create an international insolvency law. Territoriality and universality theories are not efficient and the harmonization of cross-border insolvency is not feasible. Then, in international cases involving groups of companies, judges have decided to cooperate by way of agreements in order to find an acceptable international solution for all parties and respecting states’ sovereignty. These agreements have come to be known as protocols and have enabled judges, lawyers, administrators, to produce a legal framework that is intended to facilitate the harmonization and the coordination of international proceedings despite the absence of treaties. These cross-border insolvency protocols represent a new approach of cross-border cooperation and an opportunity to promulgate universals and pragmatics solutions for future international insolvencies proceedings
Marinho, Maria Edelvacy Pinto. "L' idée de "droit commun pluraliste" à l'épreuve des processus d'internationalisation du droit des brevets." Paris 1, 2010. http://www.theses.fr/2010PA010266.
Full textSzames, Stéphane. "Les codifications privées du droit des contrats internationaux et le juge étatique." Paris 1, 2000. http://www.theses.fr/2000PA010300.
Full textGiorgini, Giulio Cesare. "Méthodes conflictuelles et règles materielles dans l'application des "nouveaux instruments" de réglement de la faillite internationale." Nice, 2004. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D98.
Full textAn international bankruptcy regime is an essential element of the construction of an efficient international market. Recently, new international instruments have given a concrete expression to the search for a solution, for a methodology of settlement of international insolvency : the (EC) Regulation Nʿ 1346 on insolvency proceedings, the OHADA Uniform Act organizing collective proceedings for wiping off debts, the UNCITRAL Model law on cross-border insolvency and the IBA Cross-border insolvency Concordat. These new instruments go beyond the duality between universality and territoriality as they rationalize international jurisdiction and applicable law and introduce a novel articulation between main and secondary proceedings. Moreover, they set substantive rules which convey a complex relation between legal uniformisation and pluralism and they may act in favour of a homogeneity of the substantive regime of international bankruptcy through normative system mechanics or through a competition and contagion effect
Magnier, Véronique. "Rapprochement des droits dans l'Union européenne et viabilité d'un droit commun des sociétés." Paris 2, 1997. http://www.theses.fr/1997PA020084.
Full textFurther progress towards the european union (eu) would require methods of approximation of laws, particularly to establish a common company law. This is usually achieved through international agreements, which aim at unifying laws. The founding treaties of the eu do not ignore these methods of unification, but also resort to original methods for approximating laws, harmonization and coordination, which should not necessarily lead to unified laws. The approximation of european company laws is supposed to rely on these flexible methods, as the european institutions shall carry out the duties devolving upon them by "coordinating to the necessary extent and rendering of equal value the guarantees which member states require of companies. . . "(article 54(3)(g), treaty of rome). But an analysis of directives reveals that the practical approach adopted was one of unification. Nevertheless, no common european company law has been achieved so far, as the european rules remain a mixing of national legal ones. This study shows that unification is not adapted to the approximation of company laws in europe because two different models of companies coexist. Therefore, national legal systems borrow rules from both models, leading to incoherent solutions, as the french company law illustrates. This thesis recommends more flexible methods of harmonization, inspired by the old european "jus commune". These methods would not necessarily lead to unification but would offer a consistent and non binding set of principles that states could follow or adapt as needed. The european common company set of principles that would emerge from such an approach could fit into all national systems. It would, however, require thorough preliminary doctrinal and scientific studies
Jacob, de Fradera Vera Maria. "Réflexions sur l'apport du droit comparé à l'élaboration du droit communautaire." Paris 2, 2002. http://www.theses.fr/2002PA020016.
Full textHammje, Petra. "La contribution des principes généraux du droit à la formation du droit international privé." Paris 1, 1994. http://www.theses.fr/1994PA010307.
Full textTber, Youssef. "La non-conformité des marchandises dans le droit marocain de 1913 DOC : réflexions sur l'inadéquation des principes protectoraux aux normes de CVIM du 11 avril 1980 : contribution à l'histoire du droit commercial marocain." Perpignan, 2009. http://www.theses.fr/2009PERP0835.
Full textAddressing non-compliance under Moroccan law, it is first become aware of a very abundant subject, it is also about how the practical texts deal and control this subject. A major issue is revolved about the conformity of the goods. According to these texts, the demands of the buyer are the cornerstone of disagreement. In these cases, the buyer bears a heavy burden of proof. It must not only prove that it has conducted a review at appropriate time, but it must also prove that it has carried out a denunciation of the defects detected accurately and in a conventional period of time. The aim of this thesis is to investigate non-compliance in the international sale of goods in the two laws compared: «D. O. C» (Dahir Code of Obligations and Contracts) and «C. I. S. G» (Convention for the International Sale of goods of 11 April 1980). It has been noted that the drafters of the CISG wanted to draw a special non-conformity of goods to avoid the distortions of national legal systems. This can be justified by the fact that such a uniform law would help to create stability between the provisions of national laws, particularly if we accept the assumption that the parties may not know its provisions
Knijnik-Baumvol, Julia. "L' articulation entre le droit de l'OMC et le droit international." Paris 1, 2012. http://www.theses.fr/2012PA010295.
Full textKazzi, Habib. "La régulation de la concurrence dans une économie mondialisée." Paris 10, 2006. http://www.theses.fr/2006PA100080.
Full textGlobalization and competition law have close but ambiguous relations. In a context of a growing interpenetration of the markets, we can notice a multiplication of antitrust laws. The increasing of antitrust controls reflects the concern of states to consolidate the process of liberalisation of trade led under the aegis of the WTO and, on the other hand, limits the loss of hold on the national economy that is being generated. The international context surrounding competition laws is then marked by the inadequacy between the national and regional features of antitrust legislations and the internationalisation of commercial activities and restrictive practices or operations implemented by the economic operators. To face this situation, the international competition legal order that is being implemented gradually responds to a double logic. Due to its nature, it can not be linked to a spontaneous order, the “ lex mercatoria ”, but to an organised order built by the states, in other words the “ lex economica ”. Due to its content, this order aims essentially to coordinate the national controls as regards to competition. The purpose of this study focuses on demonstrating that the consecration of a ‘‘decentralised'' competition legal order presents indeed irreducible limits. However, it has the advantage of the aspirations of sovereignty claimed by many states, to take into account specifications of those economies, limiting as far as possible the hypotheses of conflicts of interest in the law cases handled
Brière, Carine. "Les conflits de conventions internationales en droit privé." Rouen, 1999. http://www.theses.fr/1999ROUEL381.
Full textNdiaye, El Hadji Samba. "L'harmonisation du droit international privé en Afrique francophone du Sud du Sahara." Rouen, 2014. http://www.theses.fr/2014ROUED008.
Full textEspinassous, Valentine. "L'uniformisation du droit substantiel et le conflit de lois." Paris 1, 2008. http://www.theses.fr/2008PA010282.
Full textToublanc, Alix. "Contribution à une étude des rapports entre légalité et légitimité dans la doctrine internationaliste du XXeme siècle." Paris 2, 2002. http://www.theses.fr/2002PA020099.
Full textNadaud, Marion. "La diversité des méthodes d'intégration juridique européenne dans le domaine du droit des contrats : étude de l'organisation d'un espace normatif européen du contrat." Toulouse 1, 2010. http://www.theses.fr/2010TOU10068.
Full textContract law represents a truly rich field of observation for the study of the various methods of European legal integration. Harmonization by way of directives was initially the leading intervention method for European Union law dealing with contract law. Since 2008, the Union's legal system has implemented overall measures to unify the rules for conflicting laws. The prevailing vision so far has been that of a European normative space for contract, defined as a regional legal entity based on horizontal links established between the national laws of each European country, as opposed to a single model for European contract law. This thesis seeks to cast light on how this normative space is organized. In terms of its internal structure, the normative space under study deals with the relationships between the legal systems of European Member States through a principle of normative competition. Grounded in freedom of choice, this normative competition provides both a way to deal with the various national systems for contracts and a way to progressively Europeanize contract law. European law moreover sets out to regulate the intensity of such competition so as to protect the weaker party while preserving the internal coherence of the normative space. In addition, the latter strives to delineate its outer contours. This study assesses how far into the international domain European law can be called upon based on spatial integration, and seeks to analyze the delicate relationships between European law and the legal systems of Member States as well as that of International Law. The critical issue in the external structuring of European space lies in finding a balance between a philosophy of identification and a philosophy of openness
Dandrade, Gilbert. "La conquête du droit des contrats du commerce international par les principes UNIDROIT, une réalité ?" Phd thesis, Université de la Réunion, 2004. http://tel.archives-ouvertes.fr/tel-00512020.
Full textDe, Dravo-Zinzindohoue Marie-José. "La mise en place d'un droit uniforme du travail dans le cadre de l'OHADA." Reims, 2009. http://www.theses.fr/2009REIMD001.
Full textThe birth of the OHADA (Organization for the Harmonization in Africa of the Corporate law) reflect an awareness of the member states of the stake which represents the globalization, which is translated by the intensification of the exchanges and by the greater opening of the state economies in the international competition. It implies to go out of the archaism and the legal outdatedness by the harmonization of the corporate law around rules sure, stable, foreseeable and known to found a climate of trust favourable with the investments and to facilitate the line of business. Legal order OHADA rests on the legislative and jurisprudential unification: the secreted common right is of immediate application and uniform in all the States, left and a single jurisdiction controls and takes care of its correct and uniform application. Thanks to the celerity of the production process normative, eight (08) uniform acts are in the active of the OHADA, which contributed to improve the environment of the businesses in the countries of space OHADA even if it remains still remote regions when to the method of development, application and control of the uniform right. If one can be satisfied economic assessment, it is advisable to wonder about the slowness which the result of a uniform right knows on the l labour’s law whose project has been initiated for one decade (1999)… Yes, the fact of including the law of labour in the matters of the right of the businesses is well justified, but remains the equation of the method and the institutional framework appropriate to the “sensitivity” of the labour’s law. The reading and the spirit of the text of the preliminary draft do not let show through a social model which would be specific to the OHADA. This document rather seems to fall under the prolongation of the reforms started in the nineties, pennies the crook of the basic financial backers and marked for the ones by the primacy of the interests of the company and for the others by the “die-protection” of the rights of the employees; moreover, the OHADA runs up against kingly competences of the States like certain prerogatives of managements and labor as regards the labour’s law. However the construction of a African social model remains possible apart from the rigid framework of the OHADA. The UEMOA, which pursues the same objectives of harmonization of the legislations by taking for model the European Union which gradually builds a European social right based on the principle of freedom of movement for the workers, could be a new track to be explored: the method adopted by the UEMOA is softer and envisages the creation of consultative institutions, managements and labor could feel implied in the process of standardization of the labour’s law
Vu, Thi. "Les offres publiques transfrontières." Paris 2, 2005. http://www.theses.fr/2005PA020048.
Full textTchantchou, Henri. "La supranationalité judiciaire dans le cadre de l'OHADA : étude à la lumière du système des communautés européennes." Poitiers, 2008. http://www.theses.fr/2008POIT3001.
Full textIn 1993, 16 African States concluded a Treaty called OHADA in other to simplify and standardize their business law. The normative unification was accompanied by a judicial harmonization supported in the principle of judicial supranationality. This rule holds that excepting supreme courts, the national jurisdictions of the member states should enact in first and second ressorts, under the control of the Common Court of Justice and Arbitration, which ultimately sits as third degree of jurisdiction. The system therefore overtakes the existing relationship between the CJEC and the jurisdictions of the member states of the European Union, which essentially consists in a dialogue through the mechanism of the prejudicial return in interpretation of the community norms. Nevertheless, the consistency of the OHADA system sometimes appears problematic. It is why, while explaining and criticizing the OHADA judicial supranationality, the present thesis tried to elaborate a general theory of it
Glanert, Simone. "De la traductibilité du droit." Paris 1, 2009. http://www.theses.fr/2009PA010300.
Full textEl, Mhindi Mustapha. "La présence française au Maroc et la naissance du nationalisme marocain (XIXème-XXème siècles) : aspects juridiques, institutionnels et politiques." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32058.
Full textThe subject of our research project lies within the scope of a political approach which looksinto how Morocco organises its political universe and conceives its relation to power.France deemed it necessary to set up a protectorate rather than a system of direct rule. De facto, France rejected the direct administration of the Christian Empire and sought a balance of "association" and "control" with the view of re-establishing order and unity within the country.From the moment the protectorate was first mentioned, France witnessed many a resistance, be they armed or political. From 1930 onwards, nationalist aspirations emerged. The quest for national identity and unity would stand as the chief explanation for Moroccan resistance. The mid 1930s saw the beginning of an ever-growing national awareness regarding the struggle for independence. This thesis strives to draw up an overview of the various stages of that same devoted struggle. It also aims at analysing the many aspects of the colonial system which resulted from the treaty of 1912, and shedding light on the French-Moroccan crisis.Within this socio-political context, did France succeed light in uniting Morocco ?May we envisage its territorial supremacy as a change of systems ? And how may we identify the main evolution within the Marocco political system ?
Pourzand, Pejman. "L'internationalisation pénale en matière de trafic de drogue : étude critique de l'enchevêtrement des espaces normatifs." Paris 1, 2007. http://www.theses.fr/2007PA010328.
Full textMonzer, Rabih. "La négociation des contrats internationaux : un essai d'harmonisation des régimes juridiques romano-germaniques et anglo-saxons." Montpellier 1, 2006. http://www.theses.fr/2006MON10045.
Full textChabi, Driss. "Les relations franco-marocaines de droit international privé depuis la la loi du 11 juillet 1975 sur le divorce." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30020.
Full textThe problems of coordination between the moroccan and french systems of private international law come as a result of the differences existing between their legislations concerning the personal status on the right of the family. In the case of the moroccan law the issues of personal law status stand in solidarity with religious rules that prohibit the mariage of a Moslem woman to a non-moslem man, the ignorance of natural children, and the free union. Also for religious consideration these rules ignore the adoption of children. In the french law the wives are treated equally like men in the case of mariage, and divorce. This egality includes also the natural and the adopted children. These difficulties provoque many problems and conflicts between the two kinds of law. The french-moroccan relations will face a difficult test when the french law of the 11 july 1975 apply the french rules on all foreign marrierd couples residant in France. For coordinating between their laws Morocco and France signed on 10 august 1981 a convention concerning the status of individuals and the family and juridical cooperation. The issues being considered in these rules are the state, the capacity, the mariage and the divorce and the keeping of children. In these new rules, they favorise the application of national rule in order to conserve fondamental principals of their national identity. This respect of personal status leads naturally to minimize the exigence of the public rule. The convention establishes in the other hand a system of juridical cooperation in order to facilitate and to assure exercising the right of guardien, visit and the payment of alimentary pensions
Obidzinski, Marie. "Economie d'un droit flexible." Phd thesis, Université Nancy II, 2006. http://tel.archives-ouvertes.fr/tel-00130956.
Full textCette thèse s'insère dans la littérature de l'analyse économique des caractéristiques des règles en analysant le problème sous l'angle de la production du droit.
Tout d'abord, un traitement théorique de la formulation des règles à l'aide de la théorie des options réelles est présenté dans le but de participer à la compréhension de l'existence de règles incomplètes dans des environnements complexes et innovants.
La question du fondement de l'intervention de l'autorité publique est ensuite posée. Le choix entre un régime flexible, fondé sur l'occurrence du préjudice, et un régime rigide, fondé sur la détection de l'activité, dépend de l'information du législateur et des agents sur le risque.
L'influence du degré de précision des règles sur la résolution à l'amiable des litiges est analysée. Cette étude nous permet de justifier en partie la production de droit soft par les parties privées. Un droit précis facilite la résolution des litiges.
Finalement, la notion de flexibilité est appliquée à la controverse sur l'efficacité de l'harmonisation du droit comme solution à la concurrence des juridictions. Le problème du droit d'asile est considéré. La production d'un droit d'asile européen flexible apparaît comme une solution préférable pour les réfugiés. Elle permet de limiter l'effet d'externalité tout en laissant une marge de manoeuvre aux Etats : une partie de la production du droit est décentralisée. Dans ce cadre, la justification de l'incomplétude des règles provient des disparités entre les Etats. Cette disparité crée une demande pour un droit flexible.
La conclusion est nuancée ; l'incomplétude des règles de droit se justifie lorsque les circonstances varient fortement et lorsque le domaine est innovant. Autrement, la précision des règles informe les agents : elle est donc nécessaire dans un contexte de sous ou sur estimation du risque et comme aide à la résolution des litiges.
Bauchy, Julie. "L'espace civil européen : d'une structure substantielle à une construction processuelle." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10053.
Full textEurope of law is a reality. From economic liberties, freedoms of movement and human rights, now Europe is also developing in the field of civil law. Within the movement of Europeanization of Member States civil law, European judicial integration contributes to the construction of a European civil area. This observation leads to wonder about the structure of such area. While the actual trend is to promote a substantive structure, the procedural approach could also be explored, and even preferred. Classically, due to methodological issues, the European civil area construction is studied through approximation of substantive laws. However, the structure may not be entirely based on substance, especially since the area is constituted of different aggregated elements, which interact altogether. This study aims to analyse the European civil area also through European Union civil procedural law. Being in constant consolidation, the latter seems to be able to reveal the civil area as it allows to fulfil and to coordinate civil laws within the European judicial area
Pitton, Marie-Camille. "Le rôle du jugement étranger dans l'interprétation du droit conventionnel uniforme." Paris 1, 2007. http://www.theses.fr/2007PA010292.
Full textSarr, Amadou Yaya. "L'intégration juridique dans l'union économique et monétaire Ouest africaine (UEMOA) et dans l'organisation pour l'harmonisation du droit des affaires en Afrique (OHADA)." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32018.
Full textThis doctorate thesis is as study of the law integrated within the West African Economic and Monitory Union and the Organization for the Harmonization of Business Law in Africa. The study analyses, in the first part, the coexistence between the two law orders in the Zone Franc. The coexistence has been studied under the dual specificity of the primary and secondary sources and the institutional systems. In the second part, the study analyses the interactions between the two law order and demonstrates the structural coherency in the functioning of the systems as well the place of the different rules in the law hierarchy. The study shows the complementarily between the two orders which should be improved by preventive and careful solutions
Badziokela, Merlin. "Le droit du travail dans les états d'Afrique centrale : particularités et ressemblances." Nice, 2005. http://www.theses.fr/2005NICE0035.
Full textEmployment law in African french speaking countries is very similar and possess the same particularities can be noticed throughout their evolution. Modern Employment law began with the law of 15 december 1952 which instituted a code of employment for french colonies. During the 60s, Equatorial african french colonies became independent states. As a consequence, political leaders and legislators changed. Each state instituted its own national code of employment which incorporated its own economic, political and social realities. During the 90s, economic, political and social evolution forced the governments to adopt democratic institutions and to convert to economic liberalism. They set up legislative and structural reform. Following the example of other african countries, Cameroon, the Central african Republic, Congo Brazzaville, Gabon and Chad, they began the revision of their own code of employment respectively. They created the central african economic and Monetary Commitee (CEMAC) in charge of following the economic reform. Since early 2000, african countries are, in general, more and more concerned with the globalization phenomena. Their marginalisation in the global economy remains worrying. To restrict this marginalisation, african countries have pushed forward with the solution of legal and economic integration at regional level. It is in this context of regional integration that the harmonisation of employment law has been founded. This has taken place within the framework of a treaty of the Organisation for the Harmonisation of Buiness Law in Africa (OHADA)
Palgo, Diane Horélie. "L'harmonisation du droit pharmaceutique en Afrique de l’Ouest : le cas de l’UEMOA." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF010/document.
Full textHealth protection, the setting up of health security highly depend on an organization of the pharmaceutical market by the establishment of a common pharmaceutical market. In West Africa, particularly within WAEMU, the absence of such of market eases the rise in illicit drug market and impedes a free movement of health products between States. Yet, economic development involves an effective and secured health system. WAEMU’s member States awareness is emerging gradually, hence the necessity to join forces for better health protection ; therefore the long-awaited legal integration can be done through several means ; harmonization, unification, standardization. Harmonization is the means of legal integration that WAEMU has chosen to set up more effective and elaborate standards. Reconciliation through the harmonization of pharmaceutical regulations therefore becomes a key objective, with a view to setting up health security within the community zone. Yet, this harmonization, to achieve its objective of improving pharmaceutical systems, implies an elaborate legal framework. A process of harmonization is therefore set up and materialized by the adoption of several community legal instruments : guidances ; regulations, decisions. However, it should be noted that WAEMU is not the only sub-regional organization that has objective the pharmaceutical right harmonization. Other regional and sub-regional organizations such as ECOWAS, AU, of which WAEMU States are member, target also a reconciliation by the harmonization of the pharmaceutical area. In addition to the operating difficulties, at internal and community level, there are some external impediments related to the belonging of WAEMU States to those both organizations. Those obstacles will jeopardize the effectiveness of the harmonization process. Consequently, it is necessary to reconsider the choice of reconciliation legal instruments, even if that means venturing into a mixed reconciliation of pharmaceutical regulations through a combination of two means of legal integrations : harmonization and unification
Bayo, Bybi Blandine. "Le rôle de la Cour Commune de Justice et d’Arbitrage dans la sécurisation de l’espace O. H. A. D. A." Caen, 2009. http://www.theses.fr/2009CAEN0085.
Full textBadawy, Ingy. "L'arbitre international et les règles matérielles uniformes." Paris 1, 2001. http://www.theses.fr/2001PA010289.
Full textN'Guessan, Donald Jean-Marc. "Développement et intégration régionale en Afrique de l'Ouest : analyse des contributions de l'OHADA et de l'UEMOA." Reims, 2010. http://www.theses.fr/2010REIMD002.
Full textThe legal integration thus seems promising one locomotive of the economic integration. The trust which law OHADA should arouse at the economic operator's, by proceeding gradually to the legal and judicial reassurance of the common market of the UEMOA, should incite them to create there and to develop economic activities. It, in that we wonder to know in the business law OHADA can arouse the deprive direct investment foreign or national, considered in the third millenium as the engine of the growth, in the space UEMOA, freedom of circulation. In the optics of this security and impulsive approach, the OHADA and the UEMOA are going to participate in the construction of this community legal framework through a device conceived around four axes, namely : a device of organization safety capable of guaranteeing the solidty and the autonomous and long-lasting functioning of the community institutions asked to lead the project of integration to its realization ; the consecration of a legal integration relative to the business, as fundamental tool of consolidation of the economic integration ; the construction of community structures asked to defend this law the application of which is determining in the safety in business connections ; finally, the institution of the freedom of circulation in all the community space to facilitate the intra-community exchanges, indispensable to the regional juridico-economic dynamics ; and which the analysis should allow to estimate the level of realization and the feature of this plateform OHADA-UEMOA
Demeslay, Julie. "Organiser la lutte antidopage à l’échelle internationale : une sociologie pragmatique d’un processus d’harmonisation." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100135.
Full textThe motion carried from 1963, as the result of the Uriage-les-Bains conference, calls for some rules standardization concerning the fight against doping in sports. But starting in the 1990’s, situations and scandals have tended to increase, emphasizing the dysfunction of scattered international standards elaborated by representatives from local authorities on one side and from the olympic authorities on the other side. In 1999, almost forty years after the first conference on doping in sports, the World Anti-Doping Agency (WADA) is created, meaning to harmonize anti-doping policies and regulations among the great number of protagonists. This particular thesis aims precisely to describe and analyse who does what in this very task of harmonization and, from a sociologic perspective, to understand this particular social figure. It shows the necessity of stabilizing materials, devices and forms of partnerships with a minimum of reversibility and of offering some democratic approach which would allow to question previous choices and orientations. The creation of WADA, processing and updating of the World Anti-Doping Code, compliance of the partners of WADA and building of control and prevention instruments tend to show how the participants are trying to find an agreement combining axiological principles, devices and practices. Thus, entering through critics and arguments in history shows that harmonization is based on adjustment processes which rely on each and every one’s independence in its daily activities and on degrees of constraints inherent in the process of harmonization itself
El, Khatib Kassem. "La réunification du droit du transport maritime de marchandises : mythe ou réalité?" Paris 1, 2008. http://www.theses.fr/2008PA010302.
Full textSenkovic, Petra. "L'évolution de la responsabilité de l'État législateur sous l'influence du droit communautaire." Paris 1, 1998. http://www.theses.fr/1998PA010276.
Full textThe recent jurisprudence of the European court of justice which confirmed the principle of the state liability for the acts and omissions of the national legislature contrary to community law had the effect of a legal revolution with important consequences in the domestic as well as the community legal order. The principle that member states are obliged to make good damages caused to individuals by breaches of community law attributable to the state is inherent in the protection of the rights of individuals who rely on community law and there is no justification to exclude the national legislature from that principle. The extend and the impact of this jurisprudence go beyond the problematic of the liability of the legislator. The recognition of the principle of the state liability for breaches commited by the legislator highlighted the difficulties of the coexistence of community law rules with the particularities of national legal orders. In fact, the comparative summary of the French, English and German rules on liability shows that it is impossible to obtain the reparation for the legislator's breaches of community law while respecting national procedural rules and that the level of protection in those three member states is very different. The principle that member states are obliged to make good damages caused to individuals by breaches of community law by national legislature also reinforced the position of national judges and contributed to the decline of the legislative power of the national legislature. In order to preserve the coherence of the domestic legal systems while respecting the community law obligations of the member states, the changes are necessary
Adouko, Anoh Bernard. "Le droit uniforme africain et le droit international privé." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40051/document.
Full textEither uniform law is seen from the point of view of the private international law or either one assesses the impact of the communal vision of uniform law on the evolution of private international law of member states, the interactions between African uniform law and private international law can all be summed up as follows. A mere unification of laws between some states is not enough to eliminate or solve conflicts of laws and all the difficulties brought about by foreign origin element, such as jurisdiction disputes, foreigners legal status,… The reasons of this situation are that the unification of law (content and procedure rules) has never been total because some indomitable points may prove to be insurmountable at the level of the drafting of uniform rules, but also because the unification of laws can deteriorate further on during its implementation due to various factors. Therefore, the supranational lawmakers have often had to back up the uniform content rules with the uniform rules of private international laws. This leads, in the African uniform law to the emergence of a private international law with a communal origin. The private international law deriving from African uniform law will also be specific in its conception, its methods, its tools or instrument, even if to some extent, it shows some classicism. This is because the private international law deriving from the African uniform law has been fathered by a law which is specific in itself because it stands between international and home law, between public and private law. Its advent has upset the basics of the international home law of member states but also the basics of the private international law itself. However, this private international law which is still in its gestation period still has some weaknesses in its instruments and rules and must necessarily lean on that of member states as it is a vital necessity
Ndzuenkeu, Alexis. "Le système OHADA et l'intégration juridique en Afrique." Thesis, Toulouse 1, 2022. http://www.theses.fr/2022TOU10006.
Full textThe Organization for the Harmonization of Business Law in Africa (OHADA), as it is based on a transfer of legislative and jurisdictional powers from the Member States to the joint organization, is seen to be a tool for legal integration. Indeed, OHADA combines both supranational and national norms and institutions. However, the operation of this system has not yet been comprehensively assessed. This study therefore aims to assess the ability of the OHADA system to achieve the desired integration of the African continent. To this end, it is necessary to review how the relationships between the bodies and norms of domestic law and those resulting from the Treaty establishing the supranational organization are articulated. Highlighting the features of legislative policy and legal technic that structure the OHADA Community construction will enable to identify the strengths and weaknesses of the system, and hence, to formulate proposals for improving this legal integration tool
Meunier, Hugo. "Les normes internationales qui prescrivent l'existence ou l'inexistence d'une règle interne." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020089/document.
Full textThis thesis establishes a general theory of international norms which prescribe the validity or the invalidity of an internal rule. This research, the first of its sort to be undertaken in international legal doctrine, follows two principal lines of enquiry. Firstly, it demonstrates that the concept of international norms which prescribe the validity or the invalidity of an internal rule provide a basis on which to describe a fundamental part of positive international law, usually presented by mean of well-know others concepts as the principle of primacy or superiority of the international law, and the conflict or contradiction between international law and internal law. Secondly, this thesis draws on more than 250 legal instruments and 750 judgments, relating principally to business law, environmental law, human-rights law, criminal law, labour law and European Union law, to illustrate the existence of a coherent regime governing all international norms prescribing the validity or the invalidity of an internal rule
Sall, Bigué. "L'harmonisation OHADA des contrats : contribution à la méthode légistique des contrats dans l'espace OHADA." Thesis, Bourgogne Franche-Comté, 2019. http://www.theses.fr/2019UBFCB003.
Full textThe legal framework is important for improving the economic situation ; it defines progress or decline of the business climate in a country or space. Thus the Organization for the Harmonization in Africa of Business Law has set itself goal in a more or less long term economic development of Africa in general and of its member states in particular. Therefore, it must have rules contributing to the establishment of legal and judicial security in order to promote business investment in the Africa area.It is in this context that OHADA has adopted rules that can framed the development of business in this area. These rules, known as uniform acts, are currently ten, but not one of these uniform acts refers to general contract law. While general contract is fundamental basis of business development of business. Its uniformisation or harmonization must be considered for efficient contracts in OHADA zone and Africa in general. Furthermore, member states of OHADA do not have standardized general contractuel field. This clearly shows how urgently reform is needed!However, it should be notified that a number of projects steps towards the harmonization of contract law have been abandoned or not completed, in particular the preliminary draft OHADA Uniform Act on Contract Law and the project relating to the general law of obligations. These abandonments raise many questions that we will try to solve during our developments through historical, critical and comparative approach
Adeline, Sandra. "Le forum shopping dans le contentieux d'accidents de transport aérien international de passagers : analyse de droit comparé à la lumière du droit français et du droit américain." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D059.
Full textInternational passenger air transport accidents often give rise to complex litigation, as they involve a diversity of parties, with a myriad of proceedings triggered by the same causing event as plaintiffs and defendants may have different nationalities and be governed by different jurisdictional rules according to their personal status. Although air transport is the safest means of transport, its massification has led to a sharp rise in litigation, as domestic courts, seeking to secure passengers’ utmost protection tend to give an extensive meaning of the term “accident”, as used in international treaty law. Although air transport law has become more uniform, these remain highly complex litigations as relevant conventions do not offer self-contained regimes. They leave many legal issues unsolved, leaving a pivotal role for lex fori, and do little to discourage forum shopping. Both the 1929 Warsaw Convention and the 1999 Montreal Convention enshrine the doctrine forum shopping as they offer plaintiffs a diversity of convenient fora. Defenders too may avail themselves of a diversity of fora. The absence of an internationally competent court leads to inconsistent outcomes as no court may lay claim to the only valid construction of a particular case. This focus of this thesis is a comparative analysis of French and U.S. legal solutions