Dissertations / Theses on the topic 'International commercial organisation'
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Knijnik-Baumvol, Julia. "L' articulation entre le droit de l'OMC et le droit international." Paris 1, 2012. http://www.theses.fr/2012PA010295.
Full textMoreau, Aurélie. "Le procès dans l'Organisation mondiale du commerce : étude de l'incidence des questions procédurales sur l'effectivité du droit." Versailles-St Quentin en Yvelines, 2007. http://www.theses.fr/2007VERS002S.
Full textIn an economic international organization, the efficiency of a dispute settlement system is generally associated to minimal formalism. Considering the multiplication of procedural issues that characterizes the current dispute settlement system of the WTO, the paradoxe is actually only apparent due to the concept of trial. The procedural practice points out the core role of the judge in the dispute settlement process. This evolution integrates the commercial system of the WTO within the sphere of judicial international law. It results in a global reinforcement of the procedural component of the dispute. Nevertheless, this reinforcement does not affect the margin of appreciation of the Member States of the WTO, which is preserved by the principle of mixity that underlines the system. The processual regulation of an exclusive and binding dispute settlement system, offers an original field of study about the incidence of procedure regarding the effectivity of law
Rey, Vanessa Christine Elisabeth. "La régulation des conflits économiques et commerciaux transatlantiques." Strasbourg 3, 2005. http://www.theses.fr/2005STR30021.
Full textToday's Europe is partly the result of the American foreign policy. Even if they have always supported the European integration, its empowerment has contributed to create a certain unease between both parties. The first part of the composition, called " a worsen support to export ", has been divided in two titles, the first one of them directly related to the production and the other to a set of laws meant to promote it. This second title is underlined the European attempt, by raising certain questions about imports and/or exports, to cope with American assaults. The second part of the composition deals with transatlantic political discrepancies concerning environmental and defence policy questions, as well as the American attempts to protect their leadership in the research field. Considering the attraction caused by the quick development of China and India, the European Union must strive to assert itself against the US because if it didn't it could be condemned to play only a minimal role in international affairs
Chambers, Angela, and not supplied. "Human rights - education and implementation in a commercial organisation." RMIT University. Management, 2006. http://adt.lib.rmit.edu.au/adt/public/adt-VIT20070207.163032.
Full textNguyen-Trung-Hoang, Anne-Laure. "L'ASEAN dans le système commercial international : un accord commercial régional entre conformité et particularismes." Paris 1, 2001. http://www.theses.fr/2001PA010320.
Full textPace, Virgile. "L'organisation mondiale du commerce (OMC) et le renforcement de la réglementation juridique des échanges commerciaux internationaux." Paris 2, 1999. http://www.theses.fr/1999PA020046.
Full textTHE SYSTEM ESTABLISHED BY THE WTO EMBODIES AN UNPRECEDENTED strengthENING OF THE LEGAL REGULATION IMPOSED ON GLOBAL TRADE. THIS MOVE MEANS FIRST AN INCREASE IN THE NUMBER OF JUDICIAL RULES. INDEED, AN INCREASING APPEAL TO JUDICIAL RULES IS TO BE NOTED TOGETHER WITH THE ESTABLISHMENT OF A MORE COERCITIVE LEGAL SYSTEM AND A CLEAR BLAMING OF ALL NON-JUDICIAL ELEMENTS. THIS strengthENING ALSO MEANS MORE EFFICIENCY IN THESE JUDICIAL RULES. INSTITUTIONALIZING ARBITRATION, ESTABLISHING A GENUINE APPEAL PROCEDURE, AND TIGHTENING SUPERVISION AND CONTROL SHOW THE JUDICIAL CHARACTER OF THESE PROCEDURES. MORE RATIONAL, MORE CREDIBLE AND MORE EVENHANDED, THE DISPUTE SETTLEMENT MECHANISM OPERATES IN A MOST POWERFUL JUDICIAL WAY. THIS strengthENING IS EVENTUALLY PRAGMATIC AND THE DEVELOPMENT OF JUDICIAL RULING IS REALISTIC. THE LIMITED RULING OF THE WTO IS MOSTLY FLEXIBLE. IT IS SPECIFIC AND CAN FIT A REGION BUT IT IS ALSO UNIVERSAL SO IT CAN EVOLVE INDEFINITELY TO MEET STATES'DEMANDS. THIS SET OF RULES FREELY NEGOCIATED BY ALL MEMBER STATES PROVIDES WTO WITH A FIRM LEGAL AND POLITICAL ACCEPTABILITY. FURTHERMORE, THE strengthENING OF JUDICIAL RULES ON GLOBAL TRADE REQUIRES THAT ALL DOMESTIC JUDICIAL BODIES ACKNOWLEDGE THAT WTO'S RULES CAN APPLY DIRECTLY IN MEMBER STATES
Pace, Virgile. "L'Organisation mondiale du commerce et le renforcement de la réglementation juridique des échanges commerciaux internationaux /." Paris ; Montréal (Québec) : l'Harmattan, 1999. http://catalogue.bnf.fr/ark:/12148/cb37098092m.
Full textLesaffre, Hubert. "Le réglement des différends au sein de l'O. M. C. Et le droit de la responsabilité internationale." Paris 10, 2007. http://www.theses.fr/2007PA100039.
Full textThis paper deals with the treatment of the responsibility of the States members by the dispute settlement bodies of the WTO. It particularly emphasizes the opinion expressed by literature which present the system as being both specific and independent from the common law for international responsibility. However, a compared analysis of the basic elements of responsibility in WTO law and in international public law, including source, content, and implementation, shows that such a premise, if not erroneous, is to be put into perspective. The system is not so specific, and not so self-contained. On the contrary, it relies on the mechanisms of international responsibility, and while adapting them to its own goals: the respect of the rule of law, as a guarantee of the balance between concessions and advantages
Ouled, Ben Hafsia Lofti. "L'accès aux marchés, le système commercial multilatéral et le développement." Paris 5, 2006. http://www.theses.fr/2006PA05D010.
Full textWhile trade barriers are falling, legal barriers are not. The number of countries has more than tripled in the past 50 years. Twenty years ago, people often associated business law with a particular nation. Today, they cannot afford to. A variety of international trade rules and practices are shaping the way trade is conducted. Whether we speak of agriculture, services, textiles and clothing, intellectual property. . . , WTO agreements dominate the international trade arena. The opening of markets has boosted trade and economic growth worldwide in the past few decades. Yet tariffs still remain a key obstacle to "market access". The potential benefits of further reducing this obstacle are significant. The Doha Development Agenda agreed in November 2001 by WTO ministers provides a roadmap for the current multilateral trade talks, calling for achievement of sybstantial improvements in market access, particularly for DC. We need new ways to facilitate business deals, settle disputes and create secure legal environments that attract foreign partners
El, Moukahal Daria. "Litiges de l'Union européenne devant l'Organe de règlement des différends." Thesis, Université Grenoble Alpes (ComUE), 2015. http://www.theses.fr/2015GREAD001.
Full textThe main purpose of the research is to identify the European Union's strategy in the Dispute Settlement Body of the WTO and to determine the role that international trade disputes play on the European level. Particularly, the EU participation specificity, compared to other Members of the WTO and the reasons for its involvement, are examined in the frame of an analysis on the manner in which international disputes inscribe into its external policy. We also analyze the EU disputes contribution to the development of international law. The research articulates around two main parts which contribute to the study of coherence of the EU strategy in the DSB.EU policies are frequently attacked in front of the DSB. The EU uses recourse to international trade disputes as an instrument to promote to the international level its non trade values and essential interests and to defend its historical acquis according to main directions of its policies. These EU ambitions explain the specificity of its international trade disputes. The first part of the research analyses the particular nature of international trade disputes of the EU and intends to answer the question to know by what means the EU tries to impose its own experience of trade liberalization onto international level (Part I).In the second part we are analyzing the EU choice of modes of dispute settlement depending on different criteria. So, the dispute settlement means depends on the parties to the conflict and the stakes of the dispute. We also examine if institutional conditions for its participation to settlement of international trade disputes and special mechanisms of Common Commercial Policy existing in the EU are compliant with WTO law requirements, and if they are consequently profitable for efficient defense of the EU trade and non trade interests (Part II)
Delcourt, Diane. "L'évolution du droit international des brevets de médicaments : vers l'insertion du modèle européen de droit pharmaceutique dans le système commercial multilatéral." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32040.
Full textProfit-making merchandises, as well as therapeutic goods, drugs (understood in the sense of pharmaceutical products) are now exploited by an authentic industry, which dynamism is essential to the economic development of the states and to the welfare of the populations. In an international context characterized by a constant increasing of costs of Research and Development, the will to preserve this dynamism leads to the creation of devices offering real incentives to drugs producers. This is one of the purposes the TRIPS Agreement, attached to the “Final Act” establishing the WTO, is seeking to enforce. Prescribing to its signatories to deliver pharmaceutical patents, this treaty is designed to foster innovation by providing the industry for exclusive rights over its inventions for a limited time. These exclusive rights have, however, their disadvantages. Leading to an increase in pharmaceutical prices, they can penalize penniless consumers, unable to buy the medicinal products they need to exercise their universal “right to health”. Concerned with the reconciliation of its rules with international human rights law, the WTO tried to sort out this conflict by promoting the evolution of TRIPS Agreement. The European Community, which is now a Member of this Organisation, there seized an opportunity to raise its international normative influence. Embodying a model of pharmaceutical regulation always striving to conciliate the protection of public health and the preservation of economic competitiveness, the Community is currently trying to spread it on the international scene. The present research is assessing the means, the results and the effects of this strategy
Butault, Julia. "Le règlement par l'OMC des différends liés à la sécurité sanitaire dans le commerce international des aliments." Nantes, 2008. http://www.theses.fr/2008NANT4002.
Full textThe WTO judge has the right to examine the food politics of its member states. The question is posed, in particular, on the manner in which he evaluates justifications for sanitary measures, by weighing different types of data at the heart of disputes: scientific or political, commercial or non-commercial. To this end he disposes of a large arsenal of instruments and a wide margin for manoeuvre given the imprecision of the negotiated texts. Firstly, the orientation of general procedural law works strongly in favour of the plaintiff. Secondly the application of SPS Agreement is the object of a strict and monolithic reading in favour of free trade. When its terms remain relatively open, the judge chooses to proceed with a rigid examination, taking into account only the scientific justification of measures without any consideration of the context, even to the extent of obliterating the right of Members to fix the level of their sanitary protection. Moreover, in his role as the lynchpin of the system, the judge presents himself as working towards the interaction between the WTO and its environment. On the one hand, the Organization integrates the international food standardization of the Codex alimentarius. Thanks to the express dispositions of the SPS Agreement, the Codex provides the judge with a reference norm by which to appreciate the measures of Members. Directly applicable by private operators it enlarges the WTO's immediate sphere of influence. On the other hand, through the intermediary of the amicus curiae, the judge also reflects the existing vague impulses to open the system to other logic. Thus, it is worthy to clarify the conditions of admissibility of amici curiae in order to make them the vector of integration of non-commercial law in applicable law
Combot-Madec, Fabienne. "La Communauté européenne face aux défis de la protection de l'environnement et de la santé publique dans le cadre de l'OMC." Rennes 1, 2005. http://www.theses.fr/2005REN1G009.
Full textThe sustainable development, objective of the EC and the WTO, calls for the conciliation of trading interests and environmental and heath concerns. Such an articulation represents however a significant challenge, in face of what the EC try to play a part. Developing a strategy of influence in the WTO, the EC wishes to protect the choice she has made in favour of a high level of environmental and public health protection. The European approach is declined into two angles. The EC uses the dispute settlement as a vehicle for an evolutionary interpretation of the WTO agreements, taking into account the right of the Members of the organization to adopt environmental and heath measures. In a complementary way, the EC intervenes actively in trading negotiations, in order to impose its sustainable conception of trade liberalization. The community strategy exceeds the single defense of short term interests. The EC actually suggests a new societal model, based on the sustainable development. Her ambition is nevertheless braked by some of her trading partners, in particular the developing countries
Dubé, Pierre-Luc. "Le règlement des différends à l'Organisation mondiale du commerce selon la théorie des perspectives : une étude empirique." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28103.
Full textThe World Trade Organization's dispute settlement mechanism is the best forum for resolving a trade dispute between two WTO members. However, it is possible to note that not all trade disputes seized by the WTO end at the same stage, some settling before the establishment of a panel while others can require a judgment of the Appellate Body, or even more. The time required to resolve disputes also varies from litigation to litigation. This master’s degree thesis tries to demonstrate, using the prospect theory developed by Kahneman and Tversky, that the perception of a complainant state, in relation to the establishment or withdrawal of a measure applied by another State, may influence the stage at which the dispute is resolved or the length of time that is required for its resolution. Using two distinct econometric models, we found out that the complainant State’s perception does not influence the stage at which it will be resolved, but it has an impact on the length required to resolve a dispute involving it. A complainant State perceiving itself to be losing in relation to the introduction of a measure of another State tends, in fact, to reduce the time required for settlement, wanting to see the measure withdrawn as soon as possible. Another finding emerging from these models is that disputes concerning two developed countries will tend to take more time to be settled.
Dupouey, Jacques. "La dimension juridique de l’intégration régionale des pays d’Asie du Sud-Est : intégration et ordre juridique international : le cas de l’ASEAN." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100075.
Full textThe countries located in Southeast Asia have, very soon, during the postcolonial period, foreseen to regroup to forming a regional organization named “ASEAN” (Association of nations of Southeast Asia). We would like to address the concept of economic regional integration from a legal perspective based on the example of ASEAN. This will in particular lead us to distinguish such a concept with other terms similar or very closed, such as regionalism, regionalization and economic cooperation. What are the features of regional integration? What are its manifestations? Despite all the diversity of regional organizations the purpose of which is to build an economic integration within a specific region, what are the common features that a lawyer can observe? How to reveal the ASEAN regional organization through the economic integration process it has launched and strategies chosen by it? What are its peculiarities? What are the challenges it has to face to achieve its integration goals through the following three dimensions: the ASEAN Economic Community, the ASEAN Political &Security Community, and the ASEAN Socio-Cultural Community? What external support can ASEAN receive to strengthen its regional integration process? Southeast Asian countries look for a closer proximity between themselves on the basis of intergovernmentality and with the deep concern of recognition and protection of their sovereignty that lead to favor Soft law more than hard law in decision-making production. Our approach will be well differentiated from those adopted so far by the economists and political scientists or experts in international relations and will not be reductive to a Eurocentric viewpoint. The main features and the internal dimension of the ASEAN will be addressed in a first part, while the second part will be devoted to the external dynamic of the economic integration of the ASEAN based on a selective choice of partnerships (EU, free trade agreements, Asian Development Bank, APEC)
Abdel, Moneim Yasmine. "Les contentieux commerciaux au sein de l'OMC et le mécanisme de règlement des différends." Montpellier 1, 2008. http://www.theses.fr/2008MON10064.
Full textYougoné, Franck. "Arbitrage commercial international et développement : étude du cas des États de l’OHADA et du Mercosur." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40028/document.
Full textOHADA and Mercosur are two regional organizations that were created to enhance the integration and promote judicial and legal certainty for international traders. In other words, their goal is to help the economic development of member countries. From the operation of these two organizations, arbitration was favored as a means of resolving disputes in international trade. From there, it became possible to establish a link between the concept and the development of international commercial arbitration. Almost twenty years after the creation of OHADA and Mercosur, this study aims to assess the relationship between arbitration and development. This assessment is based on the observation of the influence of arbitration on the integration process and the contribution of this technique towards the improvement of judicial and legal certainty in international affairs
Couet, Marc-Antoine. "Les contre-mesures à l'OMC : évaluation de la compatibilité du système de représailles économiques avec la réalité contemporaine du commerce international." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/36682.
Full textWith respect to the settlement of trade disputes, the establishment of the World Trade Organization (WTO) is marked by the establishment of a dispute settlement system that is more focused on the rule of law. Such legalization of the dispute settlement mechanism has, however, not led to any changes in the paradigm of the mechanism for implementing the recommendations and rulings of the Dispute Settlement Body (DSB). Indeed, the WTO has so far maintained in substance the GATT 1947 principle; when the complaining party identifies the failure of the respondent to comply with the DSB's recommendations and rulings within the reasonable period of time allowed for implementation and the former cannot come to a solution mutually acceptable with the latter on the granting of compensation, the complainant’s sole remedy becomes the use of countermeasures. However, during the same period, international trade underwent a radical metamorphosis: the phenomenon of international fragmentation of the production processes of goods and services has expanded dramatically. This master’s thesis proposes an analysis of the institution of countermeasures at the WTO in the light of these changes that have recently affected the world economy as well as recent developments in the field of economics. Building on an approach that engages both legal science and economics, the thesis demonstrates that the countermeasures system is not adapted to the reality of international trade in the 21st century. In light of these findings, the study critically explores the various suggestions for changing the implementation stage of trade disputes and suggests an institutional reform that may take place within the current legal framework. Key words: Dispute Settlement – Multinational Enterprises – International Trade – Global Value Chains – Economic Integration
Carolissen, Lee-David. "An analysis of the impact of the European Union's policy of export subsidies has on South Africa's Agricultural sector." Thesis, Online access, 2007. http://etd.uwc.ac.za/usrfiles/modules/etd/docs/etd_gen8Srv25Nme4_9435_1256215062.pdf.
Full textMadaleno, Jose Miguel Ferreira. "The European Union and the Organization for the Harmonization of Business Law in Africa : comparative perspectives on their institutional frameworks and legal orders." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2586421.
Full textMachrouh, Jamal. "Le statut des pays en développement dans le système de règlement des différends de l'OMC." Tours, 2007. http://www.theses.fr/2007TOUR1001.
Full textNgambi, Joseph. "La preuve dans le règlement des différends de l'Organisation Mondiale du Commerce." Paris 1, 2007. http://www.theses.fr/2007PA010288.
Full textNotaro, Nicola. "Judicial approaches to trade and environment : the EC and the WTO /." London : Cameron May, 2003. http://lib.hku.hk/hkspc/wto/index.html.
Full textMurguia, Covarrubias Laura Patricia. "L'évolution du régime juridique des investissements étrangers au Mexique." Paris 2, 2002. http://www.theses.fr/2002PA020051.
Full textSidibe, Samba. "La politique cotonnière dans le Mali en cours de décentralisation : illustration des contraintes et des opportunités du droit de l'OMC." Paris 1, 2011. http://www.theses.fr/2011PA010305.
Full textKane, Diallo Aïssatou Kamissokho. "Intégration juridique dans la zone franc : Le cas de l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires (OHADA)." Perpignan, 1998. http://www.theses.fr/1998PERP0905.
Full textPantoja, Marina. "Taux de change et commerce : étude de droit international." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100154.
Full textThe relation between currency and trade, and the impact that the exchange rate can have on International Trade Law enables heated arguments. The Havana Charter calls for the non-use of the devaluation of the exchange rate as commercial weapon. GATT has, among its articles, those addressing issues regarding exchange rates. However, this topic raises controversies, especially concerning the applicability of the WTO agreements as a commercial remedy against currencies’ anticompetitive devaluation. On the other hand, the IMF, an institution created under the Bretton Woods Agreement, is the competent body to deal with international financial issues and its article IV rules on its duty to monitor its Member States exchange rate policies, in order to avoid obtaining anti-competitive advantages among their means of trade. The two organizations working jointly in an orderly manner to accomplish their objectives of an overall world economic growth and it is from this perception that harmonization between WTO’s legal guidance and IMF’s directives must be implemented. And as such, the prime goal for global governance for the benefit of all shall become a reality
Simon-Martin, Diane-France. "Le Mécanisme de règlement des différends de l'Organisation mondiale du commerce : contribution d'un système de résolution des conflits commerciaux interétatiques au développement de l'ordre juridique international." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020067.
Full textWhatever the future of the WTO may be, the Dispute Settlement Mechanism (DSM) as an intergovernmental dispute settlement system is a key institution for the evolution of International Law. Firstly, its compulsory jurisdiction contributes to the structural development of the international legal system by ensuring the centralization of the WTO Law application and a multilateral control on the Member States behaviours. Yet, factors of the DSM success, such as the panel establishment by a Member unilateral request, or such as the complainant Member countermeasures used to make a defender Member comply with the recommendations and rulings of the Dispute Settlement Body(DSB), underline the fact that States remain the major actors of the International legal system.Secondly, the case-law of the DSM (more than 450 cases) is considerable compared to any othercase-law of an inter-governmental litigation settlement organ. At last, the panels and the AppelateBody (AB) apply in their reports the customary international rules to interpret WTO treaties and thus the Understanding on Rules and Procedures governing the Settlement of Disputes (DSU).Accordingly, the DSB decisions shall have a great impact on the whole normative development of the international legal system. And eventually, DSB decisions may affect the undergoing change ofthe Members domestic legal systems, and the Regional Trade Agreements (RTA)
Medjahed, Mohamed Tayeb. "Le droit de l'OMC et le renforcement des capacités de défense commerciale des pays en développement." Perpignan, 2010. http://www.theses.fr/2010PERP0979.
Full textLaw under the World Trade Organization (WTO) is developing very rapidly in a specific branch of the field. Despite its growing influence on national and regional laws and the policy at these levels, as well as because of its technicality and complexity, WTO law is still often poorly known. A feature of the WTO lies in its sophisticated mechanism for settling disputes. It is clear that most member countries want to take advantage of the WTO dispute settlement system. For example, developing countries, especially smaller ones, often do not have a sufficient number of specialists who are experts on WTO law or the dispute settlement procedures. Many developing country Members stressed that they had a vital and ongoing need for assistance to strengthen their technical capacities with Defence Commercial in order to fulfil their obligations to the WTO. They also considered it important align this assistance with the specific technical and legal needs of developing countries
Carreira, da Cruz Marc-Antoine. "La contribution de la standardisation à la cohérence entre la responsabilité sociétale des entreprises et l’espace normatif de l’OMC en droit international." Thesis, Nice, 2015. http://www.theses.fr/2015NICE0035.
Full textIn a global world, regulate social responsibility (CSR) at international level is a major challenge for States. Framework of traditional international law seems powerless. Regulate CSR requires to cope with many institutional and material difficulties. In competition with new non-legal norms, dependent on the will of States, traditional international law instruments seem ill-suited to address this situation.In front of these disarticulated and scattered attempts, the international market finds its legal translation in a broad, integrated, normative space, with an effective power of constraint: the WTO. Between the international regulation of CSR and the world trade rules world the gap t is considerable and the dialogue is weak. This PhD thesis aims to draft a rebalancing trail through an understudied tool: standardization. Ttechnical standards have have a huge and unique potential. As soft law instrument, it is emerging as a key instrument for both international market and the regulation of innumerable technical dimensions of CSR. It seems best able to escape the constraints facing classical international law instruments to contribute to greater coherence between the social responsibility of corporations in international law and the WTO field
Diakite, Moussa. "L’arbitrage institutionnel Ohada, instrument émergent de sécurisation juridique et judiciaire des activités économiques." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10064/document.
Full textFaced with the slowdown in investment in Africa, it proved essential to rebuild a modern legal assembly adapted to the requirement of protection of economic activities. The Presidents of countries, mainly in the franc zone have thus signed October 17, 1993 the Treaty on the Harmonization of Business Law in Africa to ensure the legal and judicial security. Law arising from the treaty gave rise to various Uniform Acts including the Uniform Act on arbitration. The aim of our study was to analyze, mainly from the text and practice, the extent to which economic operators have, through arbitration, better guarantee of supervision of their activities. If arbitration appears as a relevant instrument in terms of investment protection is that it combines two fundamental requirements: freedom and security. Indeed, the freedom of parties and arbitrators is the basis of the arbitration procedure, guaranteeing economic operators the assurance of justice more suited to international requirements. The arbitration shall also provide legal certainty in conflict resolution to safeguard the interests of the parties while ensuring the effectiveness of the arbitration award
Jantarakantee, Pimdaw. "La Thaïlande et le multilatéralisme commercial et financier (OMC et FMI)." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00677288.
Full textRosso, Catherine. "Les mécanismes de flexibilité du droit de l'OMC." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1003.
Full textOriented toward free trade, the World Trade Organization law is based on several fundamental principles: non-discrimination, reciprocity and the gradual reduction of trade barriers. There are mechanisms that respond to the need for adaptability necessary for Members to deal with exceptional situations in order to incorporate flexibility in the application of WTO law and depart from the principles and rules governing international trade. This applies both in times of crisis, and irrespective of the general economic environment, as soon as the conditions seem to require Members to implement them. The economic crisis of 2008 has raised fears of increased use or abuse of these instruments of exception, derogation (waivers), or safeguard, all of them constituting actions that would mean a return to protectionist practices. Reflection on the use of these tools allows the identification of instruments proposed by the WTO law to deal with crisis and more generally to situations that require a barrier to free trade. But beyond that, it specifies the practices of Members in the use of these tools, the general logic of these mechanisms for flexibility and the balance between the free-trade oriented principles and the exceptions that involve restrictions on trade. The questions then raised should lead to consider all of these instruments of flexibility, the articulation between these instruments and those of other international organizations in connection with the WTO, the judge's role in WTO disputes related to the use of these mechanisms, and the prospects of change or reform of flexibility instruments WTO law
Farah, Paolo Davide. "L'intégration de la Chine dans l'Organisation mondiale du commerce." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32085.
Full textThis doctoral thesis will aim at addressing the following problematic issue: contemporary international trade law has been established on liberal (free trade) principles in order to allow the free movement of goods and services (WTO, GATT, GATS, etc.), without taking into account other countries internal cultural barriers (for example in China), or non-trade concerns (NTCs). How to overcome internal barriers? How to integrate non-trade concerns? China is part of the problem as well as part of the solution. On one hand frictions between global free-trade principles and local cultural habits are overwelhming present in China and continuously interfere with the requirements of trade regulation. On the other China’s involvement in green technology or renewable energies give more weigth to the necessity of extending the international trade framework to include non-trade concerns in its definition
Thiel, Meryl. "Les groupes d'Etats et l'Organisation Mondiale du Commerce." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0009.
Full textThe WTO, which is one of the most criticized international organizations in the world, is currently the focus of debates because of its liberalisms policies. As academics as lawyers wonder how the WTO philosophy can be linked to different forms of international economic governance. Indeed, the number of NGO has grown in the WTO negotiations. In the same time, the number of Regional Economic Integration and their participation to the WTO negotiations increased. As a consequence, interrogations concerning international economic governance rose. At the WTO, a kind of coalitions is particularly remarkable but rarely studied in law: State Coalitions, which are based on the respect and defence of Equity. Similarly, one of the goals of the WTO is to establish Equity in international economic relations. Thanks to constructivism, this thesis highlights the interaction between State coalitions and the WTO. The focus is to point up how important is the contribution of State coalitions to WTO law. As a consequence, this thesis will draw a new meaning of Equity and international economic governance
Tamega, Paly. "L'Acte Uniforme relatif au droit commercial général et le conflit des lois." Thesis, Université Paris-Saclay (ComUE), 2015. http://www.theses.fr/2015SACLV022/document.
Full textThe Treaty for Business Law in Africa Harmonization was signed in Port Louis (Mauritius ) ,October 17, 1993 and entered into force on 18 September 1998. It was amended by the Treaty of Quebec on17 October 2008. This revised treaty entered into force March 21, 2010. The treaty 's main objective is toaddress the legal uncertainty and judicial existing in States parties . To do this , it adopted new Uniform Actsincluding the Uniform Act relating to general commercial law, following the AUDCG which is the subject ofour study. The OHADA Treaty has also established a Joint Court of Justice and Arbitration responsible forthe interpretation and uniform application of those acts .The AUDCG was adopted April 17, 1997 and entered into force on 1 January 1998. It was amendedDecember 15, 2010 and published in the Official Gazette of OHADA , February 15 , 2011. It entered intoforce on 15 May 2011. It is applicable in the same way in all Contracting States. The existence of such a setof rules to reduce the importance of the forum in the resolution of international disputes and reduce the needto resort to conflict rules that generate legal uncertainty. That is why OHADA law so general and especiallyAUDCG does not care or whatever conflict of laws.Yet the conflict of laws remain in OHADA . First, the AUDCG leaves the provisions of national law as longas they are not contrary to it. The AUDCG may also be subject to differing interpretations by national courtswhich are the ordinary courts of harmonized law.Furthermore, the AUDCG is part of an international legislative context involving a wealth of substantiverules subregional such as West Africa 's Economic and Monetary Union (UEMOA) , the EconomicCommunity of States of West Africa (ECOWAS ) , the Economic and Monetary Community of CentralAfrica (CEMAC) and the Economic Community of Central African States and international substantive lawsuch as the CISG , Protocol of 11 April 1980 and the New York Convention of 14 June 1974 relating to thelimitation period in the international sale of goods .This interweaving of law born of conflict. So AUDCG persists in the conflict of laws and conflict ofsupranational norms .This thesis aims to investigate these conflicts as well as the principles of solutions that these should beapplied through the conflict of laws rules , the UNIDROIT Principles of the law of autonomy, arbitration
Iguodala, Egbe. "An evaluation of corporate governance legal frameworks in Nigeria: lessons from international organisations and other jurisdictions." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20860.
Full textAlawad, Hussain. "Le réglement des différends à l'Organisation mondiale du commerce et les pays arabo-musulmans." Thesis, Université Côte d'Azur, 2020. http://www.theses.fr/2020COAZ0017.
Full textThe study of the position of Arab countries within the WTO dispute settlement system requires, first of all, to understand the position of Arab countries within this organization, the nature of their membership and the difficulties encountered in this context. It is also necessary to understand the engagement of Arab countries with the Dispute Settlement Body and the reasons for their low participation in the dispute settlement system.Secondly, we will try to propose measures to be taken to improve the involvement of Arab countries in the WTO and in its dispute settlement system. These measures are twofold: the first concerns proposals for reforming the Understanding on WTO Dispute Settlement Rules and Procedures; the second proposes courses of action to be taken and strategies to be followed by the Arab countries in order to strengthen their position within the WTO. These proposals involve, among other things, reforms of legal and financial structures, strengthening of cooperation between Arab countries, increasing their combined use of the SRD
Tran, Thi Thuy Duong. "Aspects juridiques de la participation des États de l'ASEAN à l' OMC." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32019.
Full textMembership into the World Trade Organization (WTO) plays a significant role in the economic policy-making of the ten members of the Association of South East Asian Nations (ASEAN). Much like many other developing countries, in participating in the WTO, ASEAN countries find themselves lacking the adequate financial, technical, and human resources. In addition, they must face direct competition from neighbouring India and China —two rising economies with the potential to infiltrate their national, regional, and international markets. Therefore, ASEAN countries must find an appropriate openness strategy befitting of the regional context. This study emphasizes some juridical aspects of ASEAN countries’ membership into the WTO, as well as other general concerns surrounding WTO participation, for instance: the main issues at stake for developing countries members of the WTO, the integration of these countries into the multilateral trade system, the interplay between multilateralism and regionalism
Toguyeni, Aminata. "La participation juridique de l'Afrique de l'Ouest au commerce international : entre régionalisme et système multilatéral de l'OMC." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD005.
Full textThe legal participation of the States of West Africa to international trade is reflected by the establishment of internal and external regional agreements and their accession to the WTO multilateral system. States are therefore facing individual legal commitments simultaneously and this raises the problem of their capacity as developing countries or LDCs to cope. Today the development of these States is at the heart of all trade negotiations in the framework of the new agreements economic partnership or one of the Doha round. But all these negotiations are at an impasse and it promotes the development of internal regional agreements. This study focuses on the various processes of interaction that can occur between regionalism and multilateralism. The effectiveness of the various trade agreements put in place by States West Africans assumes coherence and compatibility between them
Nguiffeu, Tajouo Eddy Laurence. "Les intermédiaires de commerce en droit de l'OHADA : essai d'une théorie générale de la représentaion commerciale." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010273.
Full textBorn within the context of modernisation and of exposing national economies to competition, OHADA has as principal objective to put in place a climate of confidence favourable to national as well as international investments. To attain this objective, the legislator has engaged in a vast domain of modernisation and harmonisation of business law within the member states. One of the most complex choices was that of actors and professionals in charge of putting in place this dynamic. Trade middlemen were thus retained, in the place of auxiliaries of commerce, to carry out commercial representation within the member states and beyond the frontiers of OHADA zone. This reflection, with regard to the preceding, has as objective to search for coherence between the professional status of actors and the legal regime of the activity of commercial representation in OHADA law. It equally had to evaluate the degree of pertinence of the legal device put in place to regulate the profession of business middlemen. The diversity which characterises this professional category in practice imposed a global and prudent step to arrive at the legal recognition of the professional category of trade middlemen in OHADA law. The contract of a business middleman, even as simple as it is, recommends many theoretical and practical solutions to arrive at it.Within this context, the profession of business middleman in OHADA law needs to be rethought. In effect, the abundant special status surrounding the notion of middleman has contributed to reinforce the opacity of this professional category. It is not always easy to make a distinction between a mandate, representation, brokerage, commission or even commercial agency. These notions are actually diverse, each having its specificity that legal literature and case law have contributed to reinforce. And it is to clear up these interlaces that we made some proposals
Qin, Quan. "La sécurité alimentaire en droit international du commerce." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020049/document.
Full textToday’s world food situation is particularly disturbing. To guarantee food security for all remains the primary responsibility of governments and international society. As one of the major instruments to implement international strategy for food security, international law has failed to provide effective solution to mitigate the factors that contribute to food insecurity. This is particularly what happened when food problem was treated within WTO. Having established the terms and conditions of international trade in food and agricultural products, WTO trade regulations have major influence on food security both at international level and at national level. Even if the relevant WTO agreements did offer certain policy approaches to its Members to tackle their food problem, these policy approaches are neither sufficient nor efficient to achieve this goal. By constantly prioritizing commercial considerations over food concerns, WTO rules related to trade in agriculture seriously restrict the exercise of discretionary power of those Members who wish to improve their food situation. Therefore, international trade policies must be reformed, so that WTO Members can take creative measures to meet their people’s basic needs. Even it appears still difficult at present to create new rules that may allow food-deficit Members to generate sufficient income to guarantee their access to food; this reform must at least search for effective solutions to offset the negative impacts of trade policies on food security. Otherwise, the legitimacy and credibility of current global trading system will be at risk
Canal-Forgues, Éric. "L'institution de la conciliation dans le cadre du G. A. T. T. : contribution à l'étude de la structuration d'un mécanisme de règlement des différends." Paris 1, 1990. http://www.theses.fr/1990PA010260.
Full textThis study has for purpose to consider dispute settlement in G. A. T. T. And to demonstrate the specific characters of "conciliation" in international organization at the contact of international economic trends. This thesis is in the same tile a justification of the idea of the presence of law in economics. Last, the objective is to discover the elements of a real juridical system in the multilateral commercial order
Laredj, Bassem. "La puissance étatique dans les relations commerciales internationales." Paris 13, 2013. http://www.theses.fr/2013PA131036.
Full textHernandez, Zermeño María Cristina. "Les ong,le commerce et l'environnement : contribution a l'etude du role et de la place des ong dans le processus d'elaboration des normes en droit du commerce international." Paris 11, 1999. http://www.theses.fr/1999PA111006.
Full textAkbarian, Reza. "Analyse théorique et appliquée de la spécialisation internationale et des politiques commerciales." Montpellier 1, 1999. http://www.theses.fr/1999MON10043.
Full textGu, Ming Fei. "La diplomatie commerciale de la Chine : aspects juridiques." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D018.
Full textCommercial diplomacy of China is the result of a complex process. Given that on the one hand, it is linked to its history, culture and geography. On the other hand, it is strongly linked to its political system, the state of its economy and its legal system. Which implies the implementation of important measures of legal and regulatory framework emitted by the legislative authority of the state. This thesis tries to analyze the commercial diplomacy of China since 1978, through its construction, its regulations and practices, while favoring legal approach. The main issue of this approach is to implement a comparative study of Chinese commercial law regime and the WTO in order to take the legal basis for China's trade diplomacy. Thus, this research is based on three dimensions of Chinese commercial diplomacy: multilateral dimension (integration into the WTO), the regional dimension (participation in regional organizations such as ASEAN) and the bilateral dimension (the concluding bilateral trade agreements). Finally, such an approach allows to highlight the advantages and disadvantages of each of these dimensions while considering the difficult international economic environment
Haidara, Hamzata. "Rapports organisation mondiale du commerce/Organisation pour l'harmonisation en Afrique du droit des affaires. Contribution à l'étude du processus de mondialisation des rapports économiques et commerciaux." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20013/document.
Full textThe process of globalization has led to the emergence of new players' international organizations- giving thus a new configuration to the international relations. Globalization can be defined as a multidimensional process characterized by the interdependence in all the areas and leading to an increasing competition. It is the manifestation of international liberalism which is currently the dominant ideology. This process implies the existence of a world without borders which ends the myth of the territory as the main framework of international relations. State is no longer considered as the major player on its own territory. Rather, new policies that include non state players are needed. The WTO and the OHADA are two main players in this process at different levels: the first at the international level, the second at the regional level. Are these two organizations contradictory or complementary? In other words, do they interact? Is the principle of self-assertion of the superiority of traditional international or universal law applicable to them? Does the competition that may occur between them lead to a peaceful or a conflicting coexistence? These are the main issues that the present study will try to tackle
Saedi, Bonab Behzad. "L' organisation mondiale du commerce et les accords commerciaux régionaux." Strasbourg, 2010. http://www.theses.fr/2010STRA4004.
Full textWTO, a worldwide organization founded on the principle of non-discrimination, recognizes for its members the opportunity to cnter into Regional Trade Agreements (RT As). However, the rise ofRT As in recent years has led to raise questions. Sorne arc institutional and focus on convergence or divergence that might exist between the rules in RTAs and those of the WTû. ûthers are economic-politics related and the impact ofRT As on the configuration and development of international trade itself. But, WTû alsa faces more legal problems relating to RT As. It is, in fact, interpretation and application of provisions relating to RT As, including those of Article XXIV of GATT. This study, by treating ail the dimensions mentioned above, focuses on legal aspects relating to RT As
Damásio, Borges Daniel. "L'Etat social face au commerce international : contribution à l'étude de l'articulation entre les règles commerciales multilatérales et les règles sociales internationales." Paris 1, 2011. http://www.theses.fr/2011PA010285.
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