Dissertations / Theses on the topic 'International Concession'
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Makaya, Jacques. "Le juge international face aux différends à caractère économique NES des contrats de concession." Orléans, 1986. http://www.theses.fr/1986ORLE0004.
Full textThe object of this thesis is to study, by analyzing a certain number of sentences passed since the end of the first world war, the manner in which the international judge (permanent international court of justice and international arbitration) has found ways of resolving disputes arising from concessionary agreements which have been brought to his attention either directly, or by means of diplomatic and judicial protection, when a state has violated its contractual obligations. Based, on the one hand, on peace treaties signed on the eve of the great war, and, on the other hand, on the stabilization or inviolability clauses included in several recent international agreements, the international judge has recognized and confirmed the binding nature of agreements, and thus the principle that the state which has signed an agreement must respect the contractual rights of private foreign individuals (first and second sections). Thus, although the right of each state to nationalize all assets and economic activities within its territory is no longer contestable - taking into account the principal of each state's supreme right to its natural resources -, it is no less important, from the point of view of international economic relations, that all agreements be respected and carried out in good faith. It thus follows that any pre- mature breach of contract must be made good, and that, in particular, compensation be paid to the injured party (third section). It emerges from this study that - despite the weaknesses which could be found in the reasoning of the international judge, and apart from obvious divergences between decisions which have been made, taking into account the specificity of each case-, the judge has succeeded in unraveling the complicated disputes with which he has been faced. His competence in this area is thus beyond question
Azubuike, Samuel C. "Unilateral concession-making in international conflict : bargaining the Anglo-American rapprochement, 1895-1903." Thesis, University of Bristol, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419088.
Full textWaked, Rita. "La notion de contrat administratif international à travers l'exemple du contrat BOT (Build, Operate, Transfer) : étude comparée Droit français-Droit libanais." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020005.
Full textKlaholz, Eva. "Bilanzierung von Dienstleistungskonzessionsvereinbarungen im IFRS-Abschluss eine Analyse von IFRIC 12: service concession arrangements." Düsseldorf IDW-Verl, 2008. http://d-nb.info/99256512X/04.
Full textMarque, Étienne. "L’accès aux énergies fossiles en droit international économique." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0118.
Full textOur planet contains underground fossil deposits powering the Modern man, since nearly a century. The present study deals with the legal issue regarding the extraction and appropriation of fossil fuels. In their natural state, these resources have no legal existence and their regimes follow the one of the territories in which they lie. Therefore, in order to extract the deposits, it is first necessary to identify the rights owners of the oil regions and to take into account not only the diversity of these territories but also the diversity of the actors and interests at stake. Once the primary access rights owners identified, deposits may be discovered and developed, through specific mining contracts, adapted to all the specific features of the sector and local particularities for the optimization of the access to fossil fuels
Khater, Chérif. "Le contrat de concession de service public ou B. O. T. En droits français et égyptien : étude comparée de l'évolution contemporaine." Paris 1, 2004. http://www.theses.fr/2004PA010269.
Full textWong, Yung-lung Churchill, and 王容龍. "A social study of the international settlement and the French concession in Shanghai in the late Qing period (1843-1912)." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2003. http://hub.hku.hk/bib/B26822969.
Full textMincato, Karen Denise. "IFRIC 12 – service concession arrangements : uma proposta de aplicação em uma concessionária de serviço público de distribuição de energia elétrica." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2011. http://hdl.handle.net/10183/30858.
Full textThe movement of global markets towards convergence to international accounting standards, with the goal of providing a single uniform language to the financial statements, has challenged the status quo of preparers and users of accounting information. This is due to the adoption of accounting standards guided by principles rather than rules that strive for substance over form and for the analysis of risks and benefits over legal ownership, which requires a deeper understanding and better interpretation of the transactions being reflected in the financial statements. Thus, the objective of this dissertation is to present, based on the International Financial Reporting Standards (IFRS) and regulatory framework inherent to the public services industry, a proposal for the accounting recognition of the concession arrangement of a power distribution company through the application of IFRIC 12 - Service Concession Arrangements. To this end, an initial analysis of the introduction of concession service contracts as an instrument of delegation of public service providing by the State to the private sector and the legal concepts inherent in this relationship was performed. Next, the process on the convergence of international standards around the world and in Brazil and a detailed study of the principles related to the recognition of the concession contracts for public services was addressed. Finally, a proposed model was developed for the accounting recognition of a concession arrangement based on the financial statements for the years ended 2008 and 2009. This proposal concludes that the model adheres to the IFRS requirements and that, although operationally complex and relevant for the financial statements presentation, IFRIC 12 does not bring significant impacts from an economic perspective, and reflects true accounting essence of contracts concession for public services in Brazil.
Wang, Fangfang. "Le port de Shanghai, porte maritime de la Chine, 1843-1912." Electronic Thesis or Diss., Sorbonne université, 2023. http://www.theses.fr/2023SORUL054.
Full textThis thesis focuses on the development of the Shanghai port from 1843 to 1912, with a particular emphasis on the history of foreign enterprises established in Shanghai during this period. At a time when China is promoting its Belt and Road Initiative, aimed at expanding its global influence by assisting participating countries in developing their public infrastructure, including ports, it is interesting to reexamine the history of the development of the Shanghai port during the concession period. The foreign concessions in Shanghai and the private enterprises established there between 1843 and 1912 played a crucial role in the construction of the port, which later became a development model for other Chinese port cities. The city of Shanghai as we know it today has its foundations in this period. This thesis seeks to demonstrate how the commercial competition among foreign enterprises in Shanghai drove the development of its port. It explores the historical context, key stages of port construction, planning and management, as well as Western imperialism and the emergence of Chinese national consciousness
Brahim, Brahimi. "Le statut juridique des entreprises de recherche, d'exploitation et de commercialisation des hydrocarbures liquides et gazeux en Tunisie." Paris 1, 1992. http://www.theses.fr/1992PA010269.
Full textThe thesis deals with the question of hydrocarbons in Tunisia. Natural abundance non renewable, the liquid and gaseous hydrocarbons constitute a factor of growth and development for this country which can't lose interest in their research and their exploitation. To that effect, the thesis offer a double approach, the first one intends to examine the juridical context administrating the different processes and activities of the petroleum compagnies in tunisia it relates the evolution registred since 1948 and tries to draw the features that distinguished it. It's a static approach insofar as it is intended to examine the basis regulation to which is subjected each petroleum firm. The second part intends a more dynamic approach insofar as it will endeavour to examine beyond the relationship between the state and the petroleum compagnies to which the effort of promotion is aimed at, the considerable complexity and stake which imply their conventional relations and the solutions to the situations and preoccupations of each other. The impact of this juridic Tunisian petroleum context remains reliant to the strategical, political and technological evolution of the international petroleum industry
Amir-Aslani, Ardavan. "Étude comparative du régime juridique des contrats de concessions pétrolières en droit anglais et nord-américain des affaires." Paris 1, 1993. http://www.theses.fr/1993PA010267.
Full textSieng, Pikol. "La contribution des techniques contractuelles à la promotion des investissements internationaux au Cambodge : l'exemple du contrat build-operate-transfer (BOT)." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30092.
Full textThis thesis suggests a comprehensive study on the build-operate-transfer contracts (BOT). They are analysed in their financial, legal and contractual aspects.Investment in public infrastructure such as transport, water, energy is not only a tool for economic development, but also contributes to the improvement of human life’s conditions. However, to achieve these major projects, funding is a major concern of policy makers. In particular, Cambodia is among the States with low income. Financial constraints are such that the State resorts increasingly to the private sector, including through BOT contracts. By this technique, the State can target their specific needs, while avoiding the budget deficit. In return, the private sector has a right to operate the infrastructure in question for a period generally long during which it recovers its investments.Based on a combination of public and private interests, the implementation of BOT contracts requires a proper legal framework, without which public interests might be threatened, and that could be a deterrent for the decision of investors, especially foreigners
Auvinet, Emmanuel. "L'Imposition des revenus tirés des cessions et concessions internationales." Lille 3 : ANRT, 1988. http://catalogue.bnf.fr/ark:/12148/cb376024615.
Full textSarr, Moustapha. "Le transport maritime en Afrique de l’ouest : vecteur de régulation, de réglementation et source de valorisation du domaine portuaire : cas du Sénégal." Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0031/document.
Full textMaritime transport, a support of international trade, expresses the expansion of the field of maritime marketing of goods and services. This type of marketing exists centuries ago but it knows a revival because of economic globalization. Maritime transit concerns 80 to 90 percent in tonnage from exchanged goods in the world, in others words, that economy represents the four – fifths of the whole global economy. Therefore, that problematic implies both a theoretical and pratical approach, certainly national but also international by the interest of comparing with other maritime countries in a context which is continually evolving n economic, technical, commercial and legal levels. However, many questions raised with acuity to better define the world of maritime transport with the companies that compose it, services related to it, its own means and systems to carry out permanent exchanges around the world, contribute to the legal regulation in view of a better socio-economic control. In fact, considering the phenomenal upheavals linked with the field, this theme draws a comparative framework regarding port management, judicial instances that work for the smooth progress of applicable laws and different conventions related to maritime transport. However, Senegal’s position on the subject needs both a theoretical and pratical work in order to take into account the fair importance of maritime transport through an analysis of the situation in the region and in Senegal, then undertake perspectives that may lead to the improvement of the sector
Auvinet, Emmanuel. "L'imposition des revenus tirés des cessions et concessions internationales de marques." Paris 1, 1987. http://www.theses.fr/1987PA010276.
Full textThe french legislation does not embody any specific clauses which are favourable to the beneficiaries (inventors) of revenues from international transfers of trademarks. The situation is alike in many other countries, at least when the transfer is executed within the framework of an industrial and commercial activity. A survey of tax conventions concluded by France shows that the oecd principle of exclusive taxation within the state of the beneficiary has been adopted by a majority. To conclude, it should be mentionned that royalties could be used as a means of tax evasion by international firms
Chávez, Lobatón Omar Roberto, Alhuay Joanna Stephany Eléspuru, Morales Roberto Andrés Reynoso, Chaffo Marco Antonio Urbina, and Arias Kevin Grimaldo Pérez. "Dirección de Proyecto con la aplicación de la Guía del PMBOK® y de las buenas prácticas del PMI en el proyecto de ampliación del Sistema de Transporte de equipaje del aeropuerto Internacional Kuntur (AIK)." Master's thesis, Universidad Peruana de Ciencias Aplicadas (UPC), 2019. http://hdl.handle.net/10757/626426.
Full textPeruvian Airport Company (PAC) is the company that has been awarded the maintenance, expansion and administration of Kuntur International Airport (AIK). In accordance with the concession contract and the Minimum Development Plan for the modernization of airport infrastructure, PAC is obliged to comply with investment milestones and mandatory improvements related to the increase airport operations. In order to comply with this, the current system should process approximately 3,229 bags/hour during peak demand hours by 2022; however, it currently only processes 1,735 bags/hour. The implementation of the "Improvements in the baggage transport system" program seeks to expand and improve the current system and avoid "bottlenecks" and spikes in demand that could lead to airline claims and fines for non-compliance by the regulatory body (OSITRAN – MTC). This program involves four projects: Upgrade of the X-ray machine system, Improvements in the transfer system, Infrastructure Works and Expansion and installation of conveyor belts. The project under study covers only the supervision of the expansion and installation of conveyor belts in zones 01 to 07 and should be implemented in 453 days, from 06/02/2017 to 29/10/2018. A net present value of $1,679,821 is projected using WACC return rate 9.26% and a budgeted amount of $. 4,744,521.
Trabajo de investigación
Labonnélie, Benjamin. "Le montage "B. O. T. " (Build, Operate and Transfer) des grands projets immobiliers internationaux." Paris 12, 2003. http://www.theses.fr/2003PA122002.
Full textIn a project structured as a "B. O. T. ", a public authority confers the responsability on a group of investors to finance, build, and operate_ for a fixed period of time sufficient to reimbourse the lenders, to cover the operating costs and insure a suitable return on investment to the equity shareholders _ an industrial unit or infrastructure, with a view to transferring this industrial unit or infrastructure to the public sector at the end of the specified period. The term "B. O. T. " summarises the above
Lefevre, Jean-Christophe. "Formes organisationnelles et compétitivité internationale : une application à l'hôtellerie restauration." Aix-Marseille 2, 2006. http://www.theses.fr/2006AIX24010.
Full textThe general idea is to show that franchising, in a broad sense, was the organizational innovation which allowed big groups of hotel and restauration business to form and to become the most successful at the international level. The traditional theory of internalization, based on the economy of transaction costs, applied to services and more particularly hotel and restaurant business contains two fundamental defects: on one hand the dichotomous point of view between market and hierarchy and on the other hand the absence of strategic aspect. To exceed the first defect, we shall develop the idea that there is an organizational hybrid model of cooperation which allowed pioneers firms to duplicate their standard of service quickly and to give birth to integrated chains. To exceed the second defect, the strategic aspect is introduced by means of game theory. The competitive advantage created by the use of these hybrid new structures in the sector of the hotel and restaurant business appears clearly. The capital research, the risk sharing, the sharing of entrepreneurial rent allow us to put in evidence the influence of the interaction between franchisor and franchisee and especially the difficulty to insure a legal innovation protection in the service sector. The employees or the partners as transaction agents also adopt strategic behaviour
Abdel, Baki Samy. "Les projets internationaux de construction menés selon la formule B. O. T. (Build, Operate, Transfer) : droit égyptien - droit français." Paris 1, 2000. http://www.theses.fr/2000PA010312.
Full textCecchi-Dimeglio, Paola. "Beyond traditional analysis of international franchise contracts : Interdisciplinary perspectives, from negotiation to dispute system design." Montpellier 1, 2008. http://www.theses.fr/2008MON10041.
Full textAlmozara, Amanda Alves. "Os limites nas celebrações dos tratados internacionais em matéria tributária concessivos de isenções convencionais de tributos estaduais." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6415.
Full textThis study analyzes the Nation States experiencing a new global reality, characterized by increasing interdependence in several areas, especially the taxfinancial area. Sovereign States, to achieve their goals, now have to increasingly establish international treaties and conventions. Assuming obligations at a global level, in many cases, involves incorporating international regulations into internal ordinance. Law agents have to face such incorporation of regulations into the internal legal system. Internally, the selection of a federal system for the State has led to several political agents, with their own competence and autonomy. The tax area is one segment in the Brazilian legal system that has received strong impact of regulations from international treaties and conventions. After all, federal agents find in the 1988 Constitution the support to obtain the revenues required to perform their assignments, especially for the distribution of tax competencies. In a federal system that ensures economic-financial autonomy of political agents, it is important to highlight Article 151, III of the Federal Constitution, which prohibits interventions of a partial legal order (the Union) in the other members (states, federal district and municipalities), by granting heteronomous exemptions. Thus, debates have been conducted about the incorporation of exemptions granted abroad into the legal system affecting the tax competency of member States. Considering this reality, the purpose of this study is to demonstrate the possibility to establish international treaties that grant conventional state tax exemptions. It also addresses national limits applicable to such exemptions, which result from the structure and constitutional organization of the Brazilian Federal State, the financial autonomy of federal agents and interests safeguarded by the Constitution
A temática desta tese envolve a análise dos Estados nacionais diante de uma nova realidade mundial, marcada pela crescente interdependência em várias áreas, das quais se sobressai a área tributária-financeira. Os Estados soberanos, para atingir seus propósitos e objetivos, necessitam, cada vez mais, celebrar tratados e convenções internacionais. A assunção de obrigações no âmbito global, em inúmeras situações, importa na recepção de normas internacionais nos ordenamentos jurídicos internos. A incorporação de tais normas no sistema jurídico pátrio deve ser enfrentado pelos operadores do Direito. Internamente, a opção pela forma federal de Estado levou a existência de várias pessoas políticas, dotadas de competência e autonomia próprias. O campo tributário é uma das áreas do sistema jurídico brasileiro em que mais se sentem os reflexos do ingresso das normas decorrentes de tratados e convenções internacionais. Afinal, a Constituição de 1988 confere aos entes federados os meios de obtenção de receitas indispensáveis ao desempenho de suas atribuições, com destaque para a distribuição das competências tributárias. Em um sistema federal que garante a autonomia econômico-financeira dos entes políticos, ressalta-se a importância do artigo 151, inciso III da Constituição Federal, que veda a ingerência de uma ordem jurídica parcial (a União) nas demais (Estados, Distrito Federal e Municípios), por meio da concessão das chamadas isenções heterônomas. Justificam-se, assim, os debates quanto ao ingresso no ordenamento jurídico das isenções concedidas no plano internacional, e que atinjam a competência tributária dos Estados-membros. Considerando essa realidade, a presente dissertação tem como propósito demonstrar a possibilidade de celebração de tratados internacionais concessivos de isenções convencionais de tributos estaduais. Dando um passo além, trata dos limites aplicáveis no âmbito interno a tais isenções, que decorrem da própria estrutura e organização constitucional do Estado Federal Brasileiro, da autonomia financeira dos entes federados e dos interesses salvaguardados pela Constituição
Simonet, Loïc. "Les pipelines de transit terrestres et le droit international public." Paris 1, 2008. http://www.theses.fr/2008PA010259.
Full textValihrachová, Lea. "Rozdíly mezi českou účetní legislativou a mezinárodními účetními standardy u dlouhodobého majetku." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2013. http://www.nusl.cz/ntk/nusl-374717.
Full textLessassy, Koumou Léopold. "L'internationalisation des firmes de distribution : modes d'implantation et stratégies marketing à l'étranger, cas des distributeurs français." Dijon, 1993. http://www.theses.fr/1993DIJOE014.
Full textFrench retailers internationalization has just became important recently. Are pattern developed for internationalization of manufacturers able to explain retailers entry modes and their marketing strategies abroad ? This is the question we try to answer. This study identifies the variables that influence both entry modes and strategies. Internationalization strategies are concentration, multi-stores strategy, cooperation and investment. Opportunity and localization are the factors of contingency. Strategy, specific know how and environment have an impact upon respectively the choice of subsidiary, joint venture and franchising. Channels degree of integration depend on retailer uncertainty feeling and product role into a store. Because of the limits of existing literature, we suggest strategy opportunity view of host country, specific exportable know how, entry modes and channels flexibility within retailers typology
Tourki, Monhom. "Les contrats internationaux de concession de service public et de partenariat public privé dans les pays en voie de développement : dans les secteurs des industries de réseaux (électricité,télécommunications, eau, assainissement) et des grands équipements d'infrastructure (les grands ouvrages publlics utiles au transport et à la production/ routes, ports, aéroports, etc...)." Nice, 2007. http://www.theses.fr/2007NICE0052.
Full textThe infrastructure and public services are in crisis in many developing countries (LDCs), and for various reasons (lack of funds, public mismanagement). This situation represents a major stumbling block preventing the economic and social development today and sustainable development in these countries. It must be remedied as quickly and efficiently as possible, but the technical and financial resources required far exceeds local capabilities. Developing countries must therefore resort to the (foreign) private sector participation for the implementation of infrastructure and the management of public services. This remedy can be done within the framework of a Public Private Partnership (PPP) which represents the middle ground between the " all public " and " private everything " and which offers state a lot of technical, financial, economic, social and even political advantages. Because of all these inputs, the use of different forms of PPP (leasing, concession, BOT. . . ) is actively promoted by the international financial institutions, the WTO and development agencies who see it as an instrument for sustainable development and poverty alleviation. The use of PPP was nevertheless criticized by its detractors (some associations, NGOs,. . . ) who expose some irregularities (remedies imposed, imbalance of power in favor of the multinationals,. . . ) which caused the failure of some projects. But this should not prevent developing countries reaping the greatest contributions of the private sector and to try to exploit the infrastructure done in an efficient manner allowing widespread access to quality services. The PPP can be a tool for sustainable development as long as all the success factors come together (a good legal and financial montage of contracts, involvement of civil society and users). The PPP is also a means of international solidarity and a complement to other efforts to be strengthened such as official development assistance (ODA), debt concellation, decentralized cooperation,. .
Alhajri, Muna. "Le Contrat BOT (Build, Operate, Transfer) au Koweït : un modèle de partenariat public-privé." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0063.
Full textThe Public Authorities (Government) of Kuwait aim to create a favorable investor climate, with particular emphasis on public-private partnerships. Thus, in 2008, the Kuwaiti Parliament passed Law 7/2008, which includes a general organization of contracts of construction, exploitation and transfer (BOT) “Build, Operate and Transfer”. The legislator subsequently adopted the law 116/2014 on the partnership which repeats in more detail the forms of public-private cooperation. To this end, two bodies have been created: the High Committee and the Projects Authority, with extensive expertise in the training and execution of the BOT contract (call for tenders, negotiations, conclusion of the contract, its duration, financing, etc.). The objective of this study is to deal, from this legislation, with the concept of BOT contract that specialists readily assimilate to the term of concession, or that of public service delegation. In this perspective, it is necessary to address the financial arrangement and the legal nature of the BOT contract.The implementation of the BOT contract involves a diversity of contracting parties (administration, private partners, creditors, construction companies, equipment suppliers, capital investors, consumer users of products, etc.), which makes the implementation of this type of contract rather complex. This complexity can be seriously arisen in Kuwait, as the country has just inaugurated this procurement procedure directly involving the public and the private sector.The financial set-up of the BOT contracts, known as the "financing project", relies almost entirely on private actors. Therefore, the question that arises is that of the distribution of risks. In this regard, the analysis seeks to understand why financing risks are borne mainly by the private operator, indirectly by the project company, and directly by the lender, in this case the banks. However, to cover these risks, the BOT contract provides, for the benefit of fund providers, a number of guarantees covering both the project assets (equipment, tools, inventory, transfer of receivables) and the project itself (pledging and hypothecation of shares in the project company, transfer of income, substitution banks to the defaulting private promoter).The legal nature of the BOT contract raises two major questions: the first is whether this type of contract falls under administrative law or civil law. The second deals with disputes that may arise from this type of contract, which includes a wide range of foreign elements (outside investment, technology transfer, etc.) and is subject to international arbitration. At this level, one must know the applicable law: is it domestic law or international law? It is to this set of questions that this research tries to bring a beginning of answer by taking as a framework of reflection the Kuwaiti context
Lebdioui, Amina. "Le régime juridique de l’accès aux réserves d’hydrocarbures, enjeux de la coopération entre Etats producteurs et investisseurs étrangers." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020082.
Full textWhen the State decides to undertake the exploration or exploitation of its hydrocarbons reserves, it is not subject to any international obligation concerning the implementations of such decision. This lack of obligations has not prevented states from developing rules at the national level to reduce their freedom in the selection of operators. The secret negotiations that have long prevailed in the petroleum sector have been replaced by more transparent and open competition procedures, backed by objective criteria. With the objective of attracting foreign investment and facilitating the process of conclusion of contracts, those procedures have been progressively generalized and standardized, both in their formalism and in their terms. We consequently observe a global standardization process of the terms of access to reserves, in which international financial institutions have been directly or indirectly involved.One of the essential aspects of the procedure of rights allocation relates to the role of the national oil company. It enjoys preferential treatment, which has implications on the modalities of participation of foreign firms. Furthermore, in several states, the national oil company has been responsible for granting petroleum contracts, thereby combining functions that render it a key actor in the sector. The standardization of its attributions has also undergone a process of international convergence, which alters the relation between the State and the foreign investor
Degrazia, Carlos Biavaschi. "Política e direito nas contramedidas no direito internacional geral e na Organização Mundial do Comércio." Universidade do Estado do Rio de Janeiro, 2013. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=6460.
Full textThis thesis focused on countermeasures in general International Law and in the World Trade Organization (WTO). Regarding International Law, the thesis studied the political foundation of the decentralized international society, as well as the trend of fragmentation of International Law towards law-based regimes. Moreover, this thesis researched the attempt to regulate countermeasures through the Draft Articles on Responsibility of States for Internationally Wrongful Acts. Regarding the WTO special regime, the thesis analyzed its more law-based countermeasure as the last stage in the implementation of decisions in the WTO dispute settlement system. Based on the necessity of WTO countermeasures reform, the thesis investigated the main reform proposals, seeking to identify the attempt to reduce the political interference. The hypothesis of this research is the tendency towards a more law-based countermeasure in general International Law and in the WTO. However, this hypothesis has only been partially confirmed because political elements do not disappear despite the attempt to increase the legality of countermeasures.
Soalla, Wendkouni Lydie Sophie. "L'action des institutions financières internationales et leur impact sur les systèmes nationaux : aspects budgétaires et fiscaux. Le cas du Burkina Faso." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30083.
Full textSince its independence, Burkina Faso is seeking public policy development that allows him to leave his state of "underdevelopment". Fiscal policy has, therefore, been established as a catalyst for sustainable economic and social development. But mistakes budget successive Governments have instead led to a triple crisis: a debt crisis, a crisis of deficits and an economic crisis. Beginning in the 1990s, the IMF and the World Bank intervened alongside Burkinabe authorities, within a double technical and financial assistance to reform structurally fiscal policy. This intervention will settle permanently in the internal politics of Burkina Faso. In two decades, finance policy will be geared to suit the budget doctrine and priorities defined by the IMF and the World Bank: the structural adjustment programs and the political fight against poverty will try to achieve the objectives of economic growth, and economic growth and social reform through policy and budgetary spending policy of budgetary resources. But whatever the goal under consideration, the results achieved are far removed from the expected results in terms of debt restructuring, expenditure and budgetary resources. This dynamic reforms can nevertheless wonder, in view of past experience, the appropriate role for the state in Burkina Faso, fiscal policy, the IMF and the World Bank, the Community institutions in West Africa the development process as Burkina Faso must necessarily raise, so that decades of reforms are not considered necessary
Lahouazi, Mehdi. "Le développement des modes alternatifs de réglement des différends dans les contrats administratifs." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3056.
Full textThe development of alternative dispute resolution in administrative contracts is a necessity. Indeed, the congestion of the administrative courts, combined with the need for a more consensual and calm settlement of disputes, pleads in favour of the emergence of an alternative justice. Nevertheless, the public order governing the activities of public bodies, and protected by imperative norms, requires that the development of alternative methods be regulated. As such, the study of positive law shows that this phenomenon is not unknown in the settlement of disputes concerning administrative contracts. For instance, the parties to a dispute can already freely resort to amicable methods (mediation, conciliation or settlement agreement), and some exceptions to the principle prohibiting public bodies from resorting to arbitration are provided for. However, the voids and shortcomings of the current system of alternative dispute resolution in administrative contracts (lack of proper status of the mediator, paucity of framework for inter partes conciliation, complexity of the concept of reciprocal concessions or, difficulty for the administrative judge to assert its competence in international arbitration...) make its understanding and implementation more complex and more prone to increasing public order violations. It is therefore necessary to propose a sustainable regime of alternative methods to ensure, on the one hand, the protection of peremptory norms of public law and, on the other hand, the freedom of the parties in the choice and conduct of an alternative justice. For that purpose, the future regime will have to authorize arbitration in administrative contracts and endow it with procedural guarantees taking into account its specific nature but also certain characteristics inherent in public entities and administrative law. Furthermore, the mediation and conciliation procedures will have to be improved in order to provide the parties with a flexible framework conducive to the conclusion of balanced and secure settlement agreements. Finally, this regime must definitively establish the role of the administrative judge. To this end, that judge may be called upon to assist the parties in the implementation of alternative methods (creation of an administrative support judge in arbitration, combination of interim reliefs with amicable procedures...). The administrative judge must also be responsible for checking the compliance of the alternative solution to the public order. This attribution of jurisdiction, which is resonates all the more in international arbitration, is fundamental for the protection of the public interest. It is only under these conditions that the development of alternative dispute resolution mechanisms can take its place in administrative contracts
Shehab, Fouad. "La sécurité dans le golfe arabo-persique." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10014.
Full textThis thesis studies the security in the Arab-Persian Gulf. A preliminary chapter is devoted to the oil, to the oil concessions, to the politics of exploitation extended by the great oil companies on the states of the region in question, and finally in the existence of the O. P. E. C. The first part of this thesis analyses the importance held by the gulf and the place of this in the international politico-economical strategy of the great powers. The second part examines the various threats of unotablization in this strategic zone and the propositions suggested by the great states of the gulf concerning its security. In order to realize the security of the gulf, this strategic zone must be kept away from all the international conflicts, and the states of this region have to be on good neighborly terms, and the socio-economical and political justice must prevail in this area
Usai, Andrea. "Les services offerts sur le domaine public et le droit de l'Union européenne." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA009/document.
Full textWith regard to the first chapter, this thesis aims at analysing the impact of the Freedom of Establishment and of the Free Movement of Services on those economic activities which are offered in areas belonging to the public domain. Thus, after examining the relevant case-law of the ECJ in the field of services, in the second chapter what has been analysed is the impact of the general principles and of Art. 16 of the Charter on the services provided in areas belonging to the public domain. In the third chapter, a deep analysis of the Services Directive has been conducted: after addressing its genesis, which was quite problematic, both its objectives and its rationale have been analysed. What has emerged is a fragmentation of the internal market of services, especially with regard to the activities that are examined in this research. One of the most problematic issues related to that Directive is its implementation. Again, what has emerged is a fragmentation of the market of services. Thus, what has been addressed is the impact of the Directive on the services provided in areas belonging to the public domain. In the fourth chapter, the impact of the Public Contracts Directives has been examined. Legally speaking, public procurement contracts and concessions are different, even if the rationale beyond Art. 12 of the Services Directive together with the general principle of competition require the services at issue to be awarded through a selection procedure. Indeed, even before the adoption of what is now the Concessions Directive, the principles applicable to concessions have always been the same as those applicable to public procurement contracts. What emerges is that the public procurement contracts and concessions are strongly interconnected. The potential impact of the Concessions Directive has been addressed as well. In the fifth and in the sixth chapter a comparison between the Italian status quo with regard to those services provided in areas belonging to the public domain and the situation in Portugal, Croatia, France and Spain has been drawn. In the seventh and in the eighth chapter all the implications regarding potential violations of the State Aid rules have been addressed
Cardoso, Ulisses Silva. "Estratégia para o desenvolvimento do sector portuário de Cabo Verde com base nas tendências internacionais." Master's thesis, 2013. http://hdl.handle.net/10071/6476.
Full textO setor portuário Cabo-verdiano apresenta-se como um dos mais importantes quando analisado o sistema de transportes nacionais. Tendo em vista este facto, o presente trabalho tem por objetivo analisar o setor portuário Cabo-verdiano, identificando possíveis falhas do modelo de gestão atual, assim como propor mudanças no modelo de administração portuária Cabo-verdiana, através do levantamento das melhores práticas internacionais. A observação de algumas experiências internacionais permitiu concluir que houve aumento da participação privada no setor portuário, principalmente no que se refere à prestação de serviços. Tendo em vista o cenário atual no qual se insere o setor portuário Cabo-verdiano, assim como as experiências internacionais analisadas, algumas mudanças são propostas, tais como a delimitação das responsabilidades na organização institucional do Governo em relação ao sistema portuário; a intensificação do processo de descentralização, permitindo maior autonomia administrativa e financeira das Autoridades Portuárias; e também o incentivo à concessão da administração portuária à iniciativa privada.
The Cape Verdean port sector presents itself as one of the most important when analyzing the national transport system. Given this fact, the present work objectively analyze the Cape Verdean port sector, identifying possible failures of the current management model, and propose changes to the model Cape Verdean port management by surveying international best practices. The observation of some international experiences showed that increased private participation in the port sector, especially with regard to service delivery. Given the current scenario which incorporates the Cape Verdean ports sector, as well as international experiences analyzed, some changes are proposed, such as the division of responsibilities in the institutional organization of the Government in relation to the port system, the intensification decentralization, allowing greater financial and administrative autonomy of port Authorities, and also encouraging the granting of port management to the private sector.
Johnson, Jesse. "The Cost of Security: Foreign Policy Concessions and Military Alliances." Thesis, 2012. http://hdl.handle.net/1911/64661.
Full textNkounkou, Euloge Anicet. "Les projets build, operate and transfer (BOT): une démarche contractuelle efficace dans les investissements internationaux." Thèse, 2002. http://hdl.handle.net/1866/2768.
Full textDias, Sofia Correia. "Perspetiva jurídica sobre a concessão temporária de bens culturais móveis." Master's thesis, 2019. http://hdl.handle.net/10362/73611.
Full textA concessão temporária de bens culturais móveis corresponde à cedência de bens móveis que se revestem de um particular interesse cultural, por um período de tempo delimitado. Por bens culturais móveis, referimo-nos a bens, ou coisas, passíveis de serem transportados, e que são dotados de valor cultural e artístico. A concessão temporária de bens culturais móveis é o tema que abordamos nesta dissertação de Mestrado. Após uma introdução ao tema, procuramos apresentar uma definição jurídica de bem cultural móvel. Por um lado, veremos que, para o Direito, os objetos de arte são considerados bens móveis, passíveis de integrar o tráfego comercial internacional. Por outro lado, convocamos a definição existente no quadro dos tratados internacionais e regulamentos comunitários adotados em matéria de património cultural. No capítulo 3 do nosso trabalho, procuramos apresentar uma síntese daquilo em que consiste a concessão temporária de bens culturais móveis. Não contornando o facto de que o estudo da obra de arte (e da sua gestão) é sobretudo objeto de estudo da filosofia, das belas-artes ou da museologia, o que visamos é apresentar uma breve análise do contrato de concessão temporária de obras de arte, de um ponto de vista jurídico. Concentramos a nossa análise em alguns dos elementos considerados indispensáveis para a celebração de um contrato ou protocolo de concessão de objetos de arte. Como veremos, o cumprimento das condições acordadas entre as partes num acordo de concessão temporária deverá ocorrer em conformidade com um conjunto de práticas consagradas por profissionais e peritos do setor cultural e artístico. Apesar disso, surgem por vezes certos casos de litígio, para resolução dos quais são convocados os tribunais arbitrais ou estaduais.