Dissertations / Theses on the topic 'Institut de Droit International'
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Canahuate, Camacho Juanita Maria. "Application des principes d'Unidroit par les tribunaux arbitraux et étatiques." Paris 2, 2009. http://www.theses.fr/2009PA020094.
Full textDandrade, 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 textBramban, Bernard. "Le principe pacta sunt servanda en droit du commerce international. : Etude critique d'un principe de droit transnational." Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00956171.
Full textSanchez, Cordero Davila Jorge Antonio. "La protection des biens culturels au Mexique en droit interne et en droit international : la convention d' UNIDROIT." Paris 2, 2003. http://www.theses.fr/2003PA020003.
Full textDevaux, Caroline. "La fabrique du droit du commerce international : réguler les risques de capture." Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0061.
Full textApart in the field of economic regulation where it emerged, the notion of capture has not been the subject of much analysis, particularly in law. The present study builds on the theory of regulation that coined the concept of capture and proposes to analyse the risks of capture affecting the making of transnational commercial law within UNCITRAL and UNIDROIT. The study aims not only to identify these risks of capture but also to provide a legal framework to promote the participation of economic actors in these law-making processes – a key feature to ensure the quality and commercial acceptability of their norms – , while preventing the occurrence of captures, a noxious situation where lawmakers are left without autonomy to conduct their normative functions
Bouleghlimat, Widad. "L'arbitrage commercial international dans les pays arabes et les principes Unidroit relatifs aux contrats du commerce international." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020013.
Full textInternational commercial arbitration is the Alternative Dispute Resolution (ADR) the most used in the world. Which contributes in particular to make the main actor of the diffusion of a-national rules as the general principles of law, usages of international trade, or the lex mercatoria, often chosen by the arbitrators as the law applicable to the substantive of the dispute. This choice was extended to the new rules developed by private international institutions such as the UNIDROIT Principles of International Commercial Contracts. A doctrinal codification conceived as a soft law instrument, which is increasingly applied in arbitration practice. Our study shows, however, that few awards rendered in cases in which one of the parties is Arabic made a reference to UNIDROIT Principles. The explanation is not to look for in an incompatibility between them and contract law in Arab countries but in the ignorance of this doctrinal codification by Arab jurists and lawyers. Added to this, a feeling of distrust a manifestation of soft law. It is therefore necessary to consider the ways in which the UNIDROIT Principles to find their place in the law and practice of the Arab countries
Fonseca, Tinoco Karlo. "Les licences des droits de propriété intellectuelle à l'épreuve de l'intérêt général : une étude de droit brésilien, français et européen." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA020.
Full textConcerns for the public interest do not only shape the granting of industrial property rights, but also impose limitations on exploitation of such rights by owners and have an impact on how owners exercise their rights. The consideration of the public interest related to licensing of industrial property rights is not the same in Brazilian, French and European Union laws. Comparative study of the French and European practices in this field can be used to aid Brazilian lawyers in criticizing and considering new elements to challenge the current screening system of license agreements inBrazilian law, proposing the adoption of a contractual freedom-oriented system. This thesis undertakes an analysis of French and European Union laws, which allows us to take into consideration Brazilian competition law as a mechanism to control industrial property licenses without prejudice to public interest
Mazaudoux, Olivier. "Droit international public et droit international de l'environnement /." Limoges : Pulim, 2008. http://catalogue.bnf.fr/ark:/12148/cb412344924.
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
Reynaud, 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 textVareilles-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
El, 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.
Full textTorkzad, Behrooz. "Le droit international du petrole." Paris 5, 1997. http://www.theses.fr/1997PA05D002.
Full textThe oil crisis of 1973 clearly proved that the international oil industry is not totally free. It was often subjected to an organization, even under the domination of international oil companies which had established an international oil system on which an oil concession law was based. As a result, the incomptability of such system, particularly the excessive term of oil concession contracts, with the needs of oil-exporting countries for their economic development, finally led to its abolition. It was replaced by new agreements. In the same way, with the arrival of the international oil institutions such as o. P. E. C. , a. O. P. E. C. And i. E. A. , an institutional law was established. By its normative activity, this body has developed new oil norms which still govern the contractual relations between oil exporting and oil importing countries. By doing so, it has played a decisive part in establishing international oil law : both original and specific. On the one hand it is original because it can be defined as body or rules, principles and institutions governing the relations between oil exporting an oil importing states. On the other hand it is specific, because it is at the same time evolutive, contractual and normative. Such law finds expression in the oil chart treaty of 1995
Couveinhes, Matsumoto Florian. "L'effectivité en droit international public." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020058.
Full textThe principle of effectiveness suggests that facts have primacy over law. However the notion of effectiveness is paradoxically featured in international law itself. The meaning of effectiveness is the subject of much controversy due to the dichotomy between what effectiveness means in general and the actions taken to achieve it. The notion of effectiveness is, in practice, both contrary to and included in international law. For moral reasons, many international rules restrict the recognition of effective situations. Yet, in many cases taking effective situations into account is essential for the effectiveness of the law. In order to ensure compliance with the law, the States, judges and scholars may assess the facts as regards their “effectiveness”, without considering the rules which seem however to be applicable or the legal representations of these facts. However law is only partially excluded when dealing with the facts and the way it is done as well as the legal consequences of this exclusion differ according to political choices. That is why the use of the principle of effectiveness in international law cannot be considered as a mere registration of fact. In international law the notion of effectiveness has two main functions. Firstly, the effectiveness of power acts as a way of identifying subjects of international law which makes it possible to define the territorial and personal scope of their jurisdiction, makes them subject to international rules and pragmatically assesses whether they are liable. Secondly, the effectiveness of States' international claims or the effectiveness of some aspects of their national laws are used as conditions to assess their legal effects internationally. This research does not focus on the primacy of fact over law but shows the paradox between the practical requirements of an effective defence of legal certainty, justice and of peace
Kivilcim, Forsman Zeynep. "Génie génétique et droit international." Paris 2, 2002. http://www.theses.fr/2002PA020067.
Full textBonthoux, Jean-Pierre. "L'Arctique et le droit international." Paris 10, 1992. http://www.theses.fr/1992PA100067.
Full textThe "age of the arctic" has come. This region is now the center of economical, strategical and ecological stakes, which increase the risks of territorial and maritime conflicts and consequently the need of rules to solve them. The settlement of territorial sovereignty over the land and islands in the arctic regions led to the construction of the "sector theory". But this theory can not be extended to the maritime areas where the general law of the sea is applicable, although several arctic states pretend to extensive jurisdiction based upon the specificity of the arctic. If these particularities of the Arctic Ocean can not be denied, they do not allow drastic derogations but only appropriate adjustments
Zamuna, Abdolhakim. "Ingérence humanitaire et droit international." Nice, 1998. http://www.theses.fr/1998NICE0007.
Full textThe very beginning of the law of people. The fundamental question which arose among christians was over the origin of the causes which could start a situation of ingerence or a war. If the causes were considered as fair in the eyes of the theological tradition, there was a right of "fair war". In the nineteenth and in the beginning of the twentieth century, states and the occidental doctrine adapt this right of "fair war", justifying colonial expansion with the theory of "humanity intervention". According to the old occidental doctrine, international law only governs "civilized" states, while it is allowed to interfere in states that are disrespectful to humanitarian values in ingerence for humanitarian motives goes back a long way. This notion dates back a long time, from order to carry out a civilizing mission. After the second world war, the consequence of the principle of the sovereign equality of states in the charter of the united nations, is the banning of ingerence in all its forms. No state, however big its power is, can impose its will on a weaker state. As a consequence, ingerence even in the name of the humanitarian cause, is banned in the contemporary international law. At the end of the bipolar era, from 1989, the question of the direct ingerence of a state especially in the name of the humanitarian is once again considered. The notion of "humanitarian ingerence" is ambiguous and implies several problems difficult to solve. From the juridical point of view, this notion has always been a source of ambiguity and has not been subjected to any convention or usual practice considered as a custom that could give ingerence some juridical value
Hannequart, Isabelle. "L'état fédéré en droit international." Tours, 1991. http://www.theses.fr/1991TOUR1005.
Full textSome federal constitutions attribute international competences to federate states and practise enriches their possibilites. However, we must recognize that the pretension of the federate states to the state's quality, in term of international law, appears legaly excessive. Now, the federate state has the perspective of a legal personality of international law with reduced competences. The traditional criterion of the effective assertion of a proper will seems over-estimated by the authors as regards both effectivity and autonomy. So the research arrives at a double proposal. In case of the constitutionnal text is silent, the fight is the only way to reach the international personality. In case of the constitutionnal text attributes international competences to the members of the federal state, the effective assertion of the proper will is only the way to put an already acquired international personality in concrete form. In a de lege ferenda perspective, the "open federalism" should lead to an international status of the federate state. This status will give the right of secession and the external extension of the internal competences, and communication's techniques between central state and federate state will insure the respect of federalist spirit
Alta'Ani, Diala. "Jérusalem et le droit international." Paris 10, 2011. http://www.theses.fr/2011PA100095.
Full textThe conflict over Jerusalem between monotheistic communities began three thousand years ago, but since the early 20th century the rivalry turned into a fierce struggle between two peoples who see the holy city as their capital: the Jews and the Palestinians. This thesis studies the possibility of an acceptable and realistic solution to Jerusalem, despite the pessimism that surrounds it. We can not abandon the search because a solution for Jerusalem is central to any solution to the Israeli-Palestinian conflict. And without an end to this conflict, the stability in the Middle East would be inconceivable. In addition, the solutions used for the other divided cities could be divulged tools to solve the problem of Jerusalem and a solution could finally be promoted
Bennaçar, Naoual. "L'eau et le droit international." Nice, 2003. http://www.theses.fr/2003NICE0061.
Full textThe inescapable marchandisation of water could perhaps help to define what is common for the international community. Because no one can live without this precious resource. Will water be then the necessary leaven to the construction of an universal conscience? And so bring humanity towards the wisdom to share out the richnesses produced by water. It is now on largely admitted that the installation of a sustainable development requires to put in equation social and economic concerns with environmental concerns by of care about the essential and limited factor and namely water. Water is a common patrimonial property of humanity. Individual and collective health depends on it, agriculture, industry and the life domesticates are dependent there. There is no access to the production of the richness without access to water. This communication proposes to study the topic of water and the international law. This subject is initially apprehended by its historical aspect for then starting an exploratory study on the implication of the marchandisation of water through the important place taken by the multinational firms helped in that by the international financial institutions (the IMF and the World Bank) and WTO. The implications of these international agreements for the countries in the process of development can be dramatic for a majority of the population. Thus, the idea of an international law of water to the service of humanity can prove to be necessary because it's the only way to keep sane. It is by the defense of the concept of a human right to water and while bringing to water the qualification of common inheritance of humanity that the concept of common property could find a beginning of concretization. Because the main aim of this century is to contribute to make effective the right to water and more particularly to drinking water as belonging to the right to the life (which is the first of the rights known as civil and political)
Stark, Laure. "L'internationalité en droit international privé." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCF005.
Full textInternationality is a central concept of private international law, which has however never been clearly defined. The construction of Europe and the several phenomena of despatialization brought about by globalization have made it even more difficult to grasp by introducing a differentiation between European and truly international situations and by partially calling into question the spatial localization of certain legal situations, qualified as transnational or even anational. The definitional difficulties that have always affected the notion of internationality are today gaining in visibility and importance as a result of the increase in the number of international situations. In this context, we first propose certain solutions to the most common problems of apprehension of internationality, as well as the adoption of a functional approach to the concept, which makes it possible to define its contours with satisfactory precision. Secondly, starting from the observation that the existence of internationality triggers the application of the rules of private international law, which lead to a legal regime that is often different and more favorable than that reserved for internal situations by domestic law, it is shown that this difference in treatment resulting from internationality is not always justified, in that it is not driven by the needs specific to internationality. Similarly, the appropriateness of establishing a legal regime specific to European situations as compared with truly international situations is partly questioned. With regard to the influence of European regionalization and despatialization on the regime of international situations, we finally partially question the appropriateness of the establishment by EU-law of a different legal regime for European situations and truly international situations, on the one hand, and conclude that the current methods of private international law are adequate to regulate transnational situations, on the other hand
Ayari, Zied. "L'obligation démocratique en droit international." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3083.
Full textSince the end of the Cold War, the mainstream scholars approach democracy as a political value which influences international law. This study analyses democracy as the content of an international obligation addressed to States to establish a political system based on free and fair elections, respect of political rights and the establishment of the rule of law. This tripod forms the constituent elements of the democratic obligation and gives it a composite structure. The chosen approach starts from the study of the obligation life cycle in international law, which comprises two main phases: the law-making process of the democratic obligation and its effects.The law-making process includes several stages ranging from the gestation of the democratic obligation to its formalization by the formal modes of production of norms in international law. Indeed, this obligation did not take form in the international legal order suddenly and similar to the Big Bang, but rather it followed a determined evolution.As for the effects generated by the democratic obligation, they have a dual nature: direct and indirect. The direct effects are normatively attached to the obligation in the sense that they create a legal duty addressed to States to establish a democratic government and trigger the implementation of the international responsibility of those who do not comply with it. The indirect effects have a systemic nature and ensure the social applicability of the democratic obligation by influencing the institutional and relational dimensions of international society
Oliveira, Carina Costa de. "La réparation des dommages environnementaux en droit international : (contribution à l'étude de la complémentarité entre le droit international public et le droit international privé)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020002.
Full textThe reparation of environmental damages in international law concerns public and private international law. Due to the fact that efficient reparation of environmental damages is hardly achieved only by public international law, private international law methods can be used to fill the gaps of the former law field. Public international law limits are related to the difficulty of harmonising substantial environmental rules on national, regional and international context. Another reason is that it is hard to control company’s international movements and to hold them liable for damages committed. International environmental law depends on some public and private legal instruments in order to protect the environment. Public instruments such as treaties and Secretariats' mechanisms of control must work jointly with private instruments such as liability and arbitration. Private international law application is useful to organise rules from different legal orders. This methode enables the use of legal measures of one State in another State without looking for uniformity. Private international law, by the environmental function of conflict of laws and conflict of jurisdictions rules, paves the way towards a better interaction between different normative orders and between different law fields. It leads to a more effective cooperation for environmental protection
Perruso, Camila. "Le droit à un environnement sain en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D050.
Full textThis thesis is devoted to study the scope of the right to a healthy environment in international law. This human right is apprehended as the result of interactions between international human rights law and international environmental law as well as among different normative ensembles for the protection of human rights. This right is witnessing a remarkable rise within countries and legal systems of human rights protection. By retracing the various stages of its progressive development, this thesis aims to identify its contours, both formally and materially. It then considers the implementation of this right through the related obligations and the control that can be achieved. As a result, it seems fair to suggest that the conditions are now in place to recognise its universal scope. In addition, this thesis considers the right to a healthy environment as one of the possible responses to the environmental crisis which calls for a renewal of the relationships that humans have with nature. It is in the light of this axiological perspective that the right to a healthy environment is analysed
Billaud, Stéphanie. "La légitimité, du droit interne au droit international privé." Paris 1, 2004. http://www.theses.fr/2004PA010296.
Full textAdouko, 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
Tomeh, Antoine Bachar. "La Stabilité juridique du contrat d'Etat en droit international économique et en droit international privé." Rouen, 2004. http://www.theses.fr/2004ROUED005.
Full textAktypis, Spyridon. "L'institution de la légitime défense en droit international : du droit naturel à l'ordre public international." Paris 2, 2007. http://www.theses.fr/2007PA020029.
Full textShegani, Altin. "La lutte contre le terrorisme : étude de droit comparé (droit français, droit albanais) et de droit pénal international." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40081.
Full textThe main objective of this study, was to propose a framework of analysis and reflexions on the mechanisms of the fight against terrorism in both countries France and Alabania, to see how the evolution of the phenomenon has developed system of criminal punishment more effective and also what is the degree of effectiveness of the implementation of the normative in terms of terrorism prevention
Arlettaz, Jordane, Attila Badó, Kitti Bakos-Kovács, Szilvia Bató, János Bóka, Laureline Congnard, Erzsébet Csatlós, et al. "Internationale Konferenz zum zehnjährigen Bestehen des Instituts für Rechtsvergleichung der Universität Szeged = Conférence internationale au 10ème anniversaire de l‘Institut de droit comparé de l‘Université de Szeged." Universität Potsdam, 2014. http://opus.kobv.de/ubp/volltexte/2014/7203/.
Full textGratton, Louis-Philippe. "Contribution à l’analyse des rapports du droit interne et du droit international en matière culturelle : étude de droit comparé et de droit international économique." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10049.
Full textThe antagonism between liberalism and protectionism in trade in cultural goods and services permeates the contemporary history of international trade negotiations. It can be explained by the existing link between domestic law and international law in the cultural field. A study of comparative law allows to identify the characteristics of state intervention in the cultural sector and to suggest a classification of it. The functions of the state responsible for adopting, executing or sanctioning cultural norms follow from the specificity of its internal legal order and the functioning of its administration. These features allow then to understand the nature of cultural derogations at the international level. If the state unilaterally defines its legislation at the national level, rules of international law are established in coordination with other states. International derogatory provisions are thus not abstract rules as they take into account the existing standards from different internal legal orders. A study of international economic law assists in analyzing these derogations and in understanding their legal scope. They determine ultimately the compatibility of national norms with international trade rules: they preserve them or force the state to redefine them. Thus, the study confirms the mutual influence of national law and international law in the cultural field
Stoyanovitch-Salti, Yadhira. "La protection juridique des biotechnologies en Droit international, Droit communautaire et Droit comparé." Nice, 1989. http://www.theses.fr/1989NICE0001.
Full textBou, Aoun Melynda. "Le mariage en droit libanais : étude de droit international privé." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020068.
Full textIn the Lebanese pluralist legal system marriage and personal status matters fall exclusively within the competence of the eighteen religious communities which have real power of jurisdiction and legislation in this area. However, the legislator allowed the Lebanese to escape the religious laws applicable locally by celebrating a civil marriage abroad. This marriage is recognized in Lebanon and is subject in full to the foreign civil law chosen indirectly by the parties. That is the liberalism of private international law for marriage which assigns an important role to the spouses’ autonomy and freedom of choice. Yet this liberalism is not unconditional and takes no effect unless the parties have not concluded a religious marriage. Private International laws become even imperialistic when they ensure the exclusive application of religious laws each time a religious marriage takes place. This is the reason why private international laws of marriage oscillate between liberalism and imperialism, and thus reveal the paradox of the Lebanese matrimonial system. This thesis is an in depth study of the terms of this paradox in all its nuances and it aims to determine respectively the competence area of civil and religious laws to better understand how they articulate with each other in marriage conflicts. Also, it examines alternative solutions to the actual system in order to improve the regulations that are applicable to marriage in Lebanon
Coelho, Filipa. "Le droit international général, source du droit de l'Union Européenne." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA004.
Full textThe European Union is a subject of international law and its externat relations are conducted within the framework of general international law. As a result, the European Union must comply with it, which necessarily have effects on its own legal order. The effects of general international law on European Union legal order depend, however, on the conditions set by the European Union law itself. lt makes a screening of general international law entering the European Union legal order so that it can become there a source of law. As a formal source of European Union law, general international law is invoked in the Court of Justice. lt is subject to a large interpretation scrutiny and a limited validity scrutiny by the Court of Justice, the justiciability of general international law having, therefore, a specific treatment
Nassef, Mohammed. "Le droit de passage inoffensif : etude en droit maritime international." Rouen, 1989. http://www.theses.fr/1989ROUEA003.
Full textBelbesbes, Boujamâa. "L'influence du droit musulman sur le droit international privé marocain." Perpignan, 2002. http://www.theses.fr/2002PERP0417.
Full textThe influence of islamic law on Morroccan international private law clearly appears in the personal status. It affects as well nationality as conflicts of laws and show the gender inequality established by classical law at the level of national law. Studying the nationality, not only islamic conception of morroccan nation, this influence is translated by the impossibility of morroccan women to give her own nationality neither to her children nor to her foreign husband. At the level of conflicts of laws, this influence becames the protection of morroccan status and acceptance of morroccan law by foreign muslims
Moille, Celine. "L’influence du droit international privé sur le droit interne français." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Full textFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed