Dissertations / Theses on the topic 'Investissements – Droit'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Investissements – Droit.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Aubin, Yann. "Investissements industriels et droit de l'environnement." Paris 10, 2000. http://www.theses.fr/2000PA100037.
Full textLedan, Jessica. "L'investisseur en droit privé et droit fiscal français." Reims, 2008. http://www.theses.fr/2008REIMD004.
Full textIf the term of "investor" has incontestably an economic origin, its importance in the legal sphere is also undeniable. This term is used in various branches of the law. In spite of its omnipresence, the concept of investor remains largely ignored. It is useless to seek a clear, precise and commonly allowed definition of it in the law, case law or in legal writing. This absence of definition is penalizing. It is firstly from a practical point of view insofar as, to protect and support the investments, it is necessary to determine precisely which are the investors. The absence of definition of the investor is also penalizing on the conceptual level since in law as in any other discipline, the badly defined concepts are dangerous; they generate many hesitations which generate insecurity. This thesis aims to overcome these insufficiencies by proposing a legal definition of the investor. This one is initially looked in private law in which analysis makes it possible to give the bases of the concept of investor. Then, according to the council that eustace pilon gave in 1929 in his manual for registration fees : "nothing like to reveal the exact nature of an operation to subject it to the test tax law", it is the tax system applicable to the operation of investment of its beginning until its outcome which is studied. This second stage is the occasion to refine the elements underscored starting from the private law and allows, at the end of the study, to propose a legal definition of the investor
Nguyen, Hai Ha. "Le droit des investissements étrangers au Vietnam." Paris 2, 2000. http://www.theses.fr/2000PA020025.
Full textSilanine, Vassili A. "Le régime des investissements étrangers au Kazakhstan : l'exemple des investissements français." Nice, 1995. http://www.theses.fr/1995NICE0015.
Full textHariri-Rad, Ramin. "Les investissements étrangers en Iran." Paris 1, 1997. http://www.theses.fr/1997PA010295.
Full textThis thesis on foreign investment in Iran is the first complete and up to date study on this subject. It stresses the principles of a so called Islamic economic law among those of the modern international economic law. The first part begins with a discussion about the principle of national treatment of foreign investment in Iran. Further on, the study looks forward to defining the domestic scope of law relating to foreign investment, which is composed of the former law of 1955 on the protection of foreign investment in Iran- still in force- and the exceptional law on foreign investment in the newly established free zones. The latter gives to foreign investor’s particular advantages and exemptions in fields such as admission and transfer of foreign capitals, taxation or labor law. This review shows all limits and prohibitions imposed to foreign investments in Iran. The second part of the thesis establishes the degree of compatibility of Iranian law with the international conventional and non-conventional law. First, this compatibility is shown in view of the general principals of international law related to treatment and protection of foreign investment, with an emphasis on several nationalization and expropriation of foreign property measures taken on this matter in Iran and with the help of issues before the Iran-United states claims tribunal. Secondly, the study demonstrates the level of Iran’s involvement in international bilateral or multilateral treaties related to foreign investment, and tries to explain the reasons of Iran’s hesitation to being more deeply involved in those treaties. Consequently, all matters studied before allow us to draw a conclusion on the promotion of the foreign investment in Iran in domestic and international level, and to propose solutions for a more favorable climate for foreign investment in accordance with practices of other states
Liu, Ke Fu. "Les investissements étrangers en Chine." Paris 1, 1989. http://www.theses.fr/1989PA010252.
Full textTens years ago china opened its doors to foreign investors and began elaboration an legal system concerning the foreign investment. Today, china has legislation on joint ventures, foreign compagnies, resident representative offices, exploitation of maritime petroleum ressources, exchange controls, taxes. China has also signed during this times, some treaties with others countries concerning the protection of investment, treaties for avoiding double impositions. A number of contractual pratices have also been created. This these examine the institutional system and the legal system of foreign investment in china, including, the administ rative structures, the different types of foreign investment, the taxes, the control of changes and disputes regulation
Chokmoh, Poom. "Le régime juridique des investissements étrangers en Thaïlande." Dijon, 1993. http://www.theses.fr/1993DIJOD007.
Full textThailand is part of the asian countries groups which has been quickly industrialized (known as "Golden dragon" and "Little Tigers"). Its population, geographical and political features are among factors allowing Thaïland to take a position of avant-garde of the new "rising" "little tigers" in the whole geographical grouping of the South-East Asia, as underneath refered in the acronym of "ASEAN". Thanks to the modernization and the flexibility of its legal framework on foreign investments, Thailand has become the most favourable place for every foreign investors speculating opportunity of the implantation. The "coups d'etat" at regular intervals, used by the thai lenders as "the mechanism for political power turnover", have not stopped this "smiling country" to acquire the status of the "legal state". Therefore, the cycles of changing regimes, between military and civil ones, have never affected its fondation in politics, economics, society and the lawsuit of the thai nation. Land of the buddhist and monarchist tradition, Thailand was sometimes nationalist and then opened. Due to its direction towards economic liberalism and developed on the way of bearing and sharing, Thaïland knows how to adapt itself in all situations, whether it be thorny or rosy, in the asian continent since the second world war. Thailand has never been in short of other assets. It has enormous geographical and demographical settings, composed of the natural and human resources. Thailand is also the most agriculturally developed country in Asia with most modern infrastructure (transportation and communications, the industrialized zones,. . . ), and capable of welcoming foreign investors in every occassion
Huang, Danhan. "Le droit occidental relatif aux investissements internationaux : une comparaison entre le droit français et le droit américain." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30023.
Full textThe western law relating to international investment consiste in both national law and international law. It covers the practice of the encouragement of investment which concerns the constitution, the treatment of the foreign investment and the other aspects such as the control of international capital movements, the tax system, as welle as the application of antitrust regulations. On the other hand, it aims at the protection of international investment on dealing with the investment insurance against non-commercial risks (especially the risk of nationalization) and the settlement of investment disputes. The development of the western law relating to international investment goes together with the evolution of the international law of development. The bilateral regional and multilateral agreements have brought a new contribution to the encouragement and the protecitan of the international investment. Within the western legal systems, the orientation of the two legal systems (the continental law and the common law) is illustrated by the comparative study between the relating french law and the american law. The general characters of the western law and the particular elements of the national laws introduced in the study reflect all the development of the western law in the broad of international investment
Song, Liwei. "Assurance et garantie des investissements étrangers en Chine." Paris 1, 1996. http://www.theses.fr/1996PA010264.
Full textThrough out China's contemporary history, foreign investment has lived a veritable vicissitude in China. The legal protection of foreign investment, both in chinese domestic and international law began in the late 1970s. Under chinese domestic law, the autonomy of the laws concerning foreign investment put foreigners in a privileged and as well as a restrictive position. Under international law, the chinese practice gradually moved towards international customs , especially concerning the specificity of foreigners' treatment. The protection against political risk both in domestic and international law is a particularly important aspect in a country like China
Guyard, Gérard. "La réglementation des investissements directs en droit français." Paris 2, 1986. http://www.theses.fr/1986PA020083.
Full textFrench administration has always taken steps to control closely national investments abroad as well as foreign companies investing in france. To pursue this goal a specific regulation has been set up: the direct investments statutes under french law. This monography sums up the various sources used in the drafting of this regulation, the many changes that occured since 1967, and shows how little influence international or eec laws have had in the making, thus leading to national cas-law outcomes in the penal and civilian sanctions. This thesis is also a critic on the regulations and on its opportunistic targets. Since 1986, when the french exchange control were alleviated, these statutes have weakened but remain today a way for government to monitor investments
Tortorici, Antoine. "La Tunisie et le droit international des investissements." Paris 1, 1997. http://www.theses.fr/1997PA010276.
Full textThe collectivist policy practiced in tunisia in the 1960's was followed, after its failure, by a deliberately free-market economy. In a developing country such a choice requires heavy and direct foreign investment. Tunisia has therefore set up an incentive legal framework that analyzes treatment and investment protection and insurance standards as they are defined in international law. The first part of the study include several incentive texts (investment incentive code, international trading companies act, economic free zones, free trade area. . . ) And methods for investing in tunisia. The second part concentrates on those laws and how they comply with the general principles of international law, and the investment protection and insurance tools (CIRDI, MIGA, CIAGI. . . )
Guyard, Gérard. "La Réglementation des investissements directs en droit français." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37598120w.
Full textBathem, Léopold Evariste. "Commerce international et investissements étrangers directs : aspects juridiques." Paris 5, 2002. http://www.theses.fr/2002PA05D007.
Full textRéciprocity of links between international trade and foreign direct investment entails the adaptation of international economic law. These last years were marked by the fast development of international commercial exchanges and foreign direct investment flows. This expansion has favored the liberalization of domestic legislation in both fields and the proliferation of bilateral, regional agreements, and the opening of works within the Organisation for Economic Cooperation and Dévelopment and the World Trade Organization in order to adopt multilatéral rules applicable to foreign direct investment. Of course a régulation exists regarding international trade and foreign direct investment, but il is still fragmentary. In the future, this régulation should reinforce itself further to a multilatéral négotiation. Therefore, the préparation, under the aegis of the World Trade Organization, of new rules relating to foreign direct investment and international trade appears as a credible alternative. These uniform rules with a universal vocation should have a binding legal force to better answer to the internationalization of companies and the indépendence of économies. Such an action at the multilatéral level ensures a strong foundation of the links between international trade and foreign direct investment in the legal spere. Indeed it is a matter of preparing a multilateral legal framework including high standards for the liberalization and protection of international investments with an efficient system of settlement of disputes
Brahimi, Merouane. "Le régime juridique de l'admission des investissements étrangers." Nice, 2001. http://www.theses.fr/2001NICE0015.
Full textYamama, Abdel Sanad. "Les investissements étrangers en Égypte et le droit international." Nancy 2, 1988. http://www.theses.fr/1988NAN20003.
Full textDjohongona, Gotnadji Kossi. "Fiscalité et code des investissements au Tchad." Paris 2, 1990. http://www.theses.fr/1990PA020154.
Full textThe taxation system and investment code make up an essential part of the economic development policy in and under-developed country. Under no circumstances must they be neglected. The state can use the taxation system and investment code to act on archaic structures in order to transform them and integrate them within the economy. A critical analysis of the chadian authorities in this field has shown up the deficiencies, incoherencies and limits to using the taxation system and investment code as tools for economic development. Reform is necessary in order to right this unsatisfactory situation and to allow these components in the fiscal charter to take on their quantitative function (procure financial resources for the state) and qualitative role (attract, encourage and direct investments) to the productive sectors of the economy. The proposed reform must integrate within a flexible planning system. On the one hand it must support the action of the fiscal administration so that it may better apply the taxation system and on the other hand it must help make the various institutions more democratic so that taxes are approved and controlled by the taxpaying citizens themselves rather than imposed by holders of political power and used to their sole advantage. Following such a change, the taxation system and investment code will be better accepted and will contribute efficiently to chad's economic and socio-political development
Esmaeilpour, Dilmaghani Maryam. "Le régime juridique des investissements étrangers en Iran." Montpellier 1, 2004. http://www.theses.fr/2004MON10051.
Full textStefano, Sarah. "Le retour de l’État en droit international des investissements." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100055.
Full textThis work is exclusively focused on the economic impact of international investment law. It is shown here that only a positive economic impact can legitimize the existence and use of this normative framework
Gildemeister, Arno. "L’arbitrage des différends fiscaux en droit international des investissements." Thesis, Paris Est, 2011. http://www.theses.fr/2011PEST0056.
Full textOne might not think that tax disputes should ordinarily be susceptible to resolution through arbitration. However, recent years have seen the unfolding of an arbitral jurisprudence that puts taxation to the test of international investment law. The present thesis seeks to give an account of and evaluate this phenomenon, which raises numerous legally complex and politically delicate issues.These arbitrations consist, fundamentally, in balancing the need to protect investors with the respect for the fiscal sovereignty of the host State. The pursuit of these two competing goals lays the ground for inevitably thorny questions. Thus, arbitrators are called upon to examine the validity and reach of stabilization guarantees or of tax exemptions granted to foreign investors, or even to determine if a tax measure amounts to a disguised expropriation, a prohibited discrimination, or inequitable treatment, in the meaning of an investment treaty.Before resolving these issues, arbitrators must ascertain whether the State has really – and validly – consented to submit the exercise of its taxation powers to the scrutiny of a ‘ private ' legal process, and whether the relevant guarantees enshrined in investment treaties apply to the tax measures in question.An analysis of these matters reveals that arbitrators can address questions of tax law without any particular difficulty and that arbitration is a practical method of dealing with these international tax disputes. Moreover, the solutions reached by international arbitral tribunals are, on the whole, satisfying, as arbitrators take into account the particular needs entailed in balancing the public and private interests at stake
Jean, Guillaume-André. "Le droit des investissements internationaux face à l'Union européenne." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED031.
Full textInternational investment law and the European Union constitute two legal systems that are from now on in interaction. The convergence of these systems has been revealed by the entry into force of the Lisbon Treaty, which has initiated a transfer of competence in the field of Foreign Direct Investment and thus grants competence to the European Union for the conclusion of new investment treaties. Within the framework of a preliminary chapter, the analysis first attempts to explain why and how international investment law, as it results from the bilateral conventional practice of Member States, and the European Union constitute two interacting legal systems. The legal methodology that is necessary for the study of the manifestations of legal globalisation is described. Subsequently, by distinguishing between the substantive and the procedural aspects of International Investment Law, this thesis focuses on the evolutions of the relations between these two systems and on the results of the ongoing normative interactions. The first part aims to demonstrate that substantial international investment law has been the object of an approach from the European Commission, put in place as soon as the 1990s. As for procedural international investment law, it appears that its links with the European Union have been more tenuous and that it has only been the object of a component which has been attached to the European approach of material international investment law, as soon as the entry into force of the Lisbon Treaty. On these foundations, the analysis highlights the ongoing Europeanisation process of International Investment Law, which is related to the mode of creation of the international standard, its content and the participation of the European Union in the procedure of dispute resolution, by virtue of an arbitral procedure which should be constructed according to the foreign investor-European Union configuration
Martel, Laurent. "Les modes de financement et de garantie des investissements étrangers dans les pays de Visegrad (Hongrie, Pologne, République tchèque, Slovaquie)." Aix-Marseille 3, 1995. http://www.theses.fr/1995AIX32007.
Full textModi, Koko Bebey Henri-Desire. "Le régime des investissements privés au Cameroun." Paris 1, 1989. http://www.theses.fr/1989PA010267.
Full textThe cameroonian system of private investments is charactarised by its two purposes which are to promote private undertakings, and to direct them into areas that need to be developed. The investment code has then been instituted, that aimed at encouraging and stimulating economic activity. But this special legislation cannot give entire satisfaction, as long as it only concerns some aspects of the problem. Therefore, in other to make the system more efficient, it will be necessary to consider the problem in its whole. That is the main contribution of this these. It aims to show how to improve the environment of private undertakings, and to induce them adopting modern methods of management
Zakhour, Georges-Philippe. "La prééminence du droit international et de l'arbitrage transnational en droit des investissements étrangers." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020018.
Full textEstablishing a relationship between a State or one of its emanations, on the one hand, and an investor, on the other, international investment law moves beyond the distinction between public law and private law. Given the fact that it resides in-between international law and domestic law, international investment law raises important questions about the governing law and jurisdiction. Conceived as a specific legal order arising from the interaction between the international and the national legal orders, international investment law begets controversy with respect to its interference with the national legal order. This interference, which is not submitted to any hierarchy on the legislative or jurisdictional level, raises serious questions: what would be the applicable law when domestic law and international law are both involved in the same dispute? In a similar manner, what would be the competent court if the international and domestic jurisdictional institutions are both competent according to the rules of their own legal order? The answers to these questions are not obvious and continue to give rise to heated debates. As the issue has not been firmly and definitively resolved, the present study aims to provide an answer by demonstrating the pre-eminence of substantive international law and transnational arbitration to the point of clearly excluding the application of the local law and the competence of domestic judges. This pre-eminence will finally be subject to an in-depth examination
Aréou, Guillaume. "La concurrence des procédures de règlement des différends relatifs aux investissements." Nice, 2009. http://www.theses.fr/2009NICE0025.
Full textMadeleine, Emily. "La sécurité alimentaire à l'épreuve du droit international des investissements." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0031.
Full textWhile international investments contribute to achieving food security, they can also be a threat and a path to aggravation. The study of the interactions between food security and international investments reveals the existence of norm conflicts carrying food risks and highlights normative imbalances in international investment law. Thus, the implementation of investor rights is likely to lead to the exclusion of food security. Conversely, the assertion of the latter may lead to an alteration or denial of investors' rights. In this situation of conflict, the food obligations of the State can not be met simultaneously with the obligations set out in the international investment agreements. These norm conflicts intervene as alarms and inform on the one hand, on the imbalances of the power of regulation of the States and the exclusive rights of the investors, and on the other hand, on the asymmetry of the rights of the victims of food insecurity and the investor rights. The lack of prevention reinforces the contradictions of decisions and maintains the subjection of States to contradictory obligations. Once analyzed the conflicts of norms and the food risks that they generate, it turns out that the attempts of resolution of these, by means of the traditional techniques, remain often inoperative, accounting for the limits of the current system. For their part, the risks, the norm and the food responsibility sometimes remain unidentified and are not apprehended as a whole. These circumstances complicate the resolution of norm conflicts. Therefore, the thesis seeks to demonstrate that these conflicts are sometimes likely to be avoided, or reduced, then, consider a treatment in the resolution of the latter in order to achieve a link between the rights of foreign investors and the protection of the food public interest of the host state of the investment
Monebhurrun, Nitish. "La fonction du développement dans le droit international des investissements." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010300.
Full textThis study, based on a normative study of development and not on an economic study of law, shows that the concept of development sometimes influences the interpretation and the enforcement of international investment law. The concept of development used in this study threefolds : it combines economic development, the level of development of States and sustainable development. Under these forms, its influences is perceive at two levels: that of the identification and of the protection of international investments. Indeed, the contribution of an activity to the economic development of the host State is used to identify an investment. The concept is also used when determining the scope of protection due to foreign investments. Here is the level of development and the concept of sustainable development which are used to assess the protection due to international investment. Protection is considered here in a broad sense: it also includes the financia1 protection of investments. The thesis argues that the use of the concept is highly questionable to identify an investment, while its influence is noteworthy in the enforcement of the investment protection principles. In this vein, the thesis explains that the concept produces more tangible effects on international investment law when its use is grounded on certain legal principles or techniques. In the work's background pattern lurks some critics of the method used by jurists in the study of development
Haythorne, Eric G. "Le Droit des investissements étrangers au Canada et en France." Lille 3 : ANRT, 1986. http://catalogue.bnf.fr/ark:/12148/cb37594802x.
Full textArrassen, Nounja. "Réflexions sur le droit applicable aux investissements étrangers au Maroc." Thesis, Paris 9, 2012. http://www.theses.fr/2012PA090059.
Full textTo ensure sustainable economic growth, Morocco mobilizes various funding resources such as foreign direct investments. Among the determinants of these), there is political stability, of which Morocco is a model, but also the existence of legal standards making their realization easier. By these facilities, is real policy of attractiveness is aimed. For that purpose, various legal instruments, sometimes restrictive, sometimes liberal, have been adopted since the independence, according to legitimate concerns that foreign capital may raise in certain circumstances. These instruments, which ultimately constitute the Moroccan foreign investment lax, vary from general and special provisions to multilateral and bilateral conventional instruments. This study, without exhausting the subject, makes a dynamic presentation of these instruments regarding two main dimensions of an investment process: entry and exit. The first captures the richness of the normative framework related to foreign investments’ reception, whereas the second highlights in case of their exit, either contentious or not
Juang, Hsiao-Jan. "Droit des investissements directs étrangers : le cas de la Chine." Thesis, Paris Est, 2018. http://www.theses.fr/2018PESC0035/document.
Full textThis study aims to give a general overview of the historical development, particularisms and main issues of the positive law of foreign direct investment, by looking at different areas of law, ranging from the history of law to the very content of foreign investment law, and through dispute settlement mechanisms for foreign investment. An exegetical study of laws and regulations on foreign investments is a necessary step for the understanding of the legal regime of foreign direct investment, but its knowledge of the law is not sufficient for an investor to succeed in his investment.Its development is undeniably linked to the elements of the political, cultural, social and economic aspects of the country. From the promotion of Marxist values of the Soviet system under the Mao Zedong period, to the adoption of legal pragmatism under the direction of Deng Xiaoping; from the policy of the planned economy to the market economy. In forty years, the government was able to create an entire legal system from almost nothing. However, the speed of legislative work is by no means a proof of its quality. Indeed, in order to catch up with the legal systems of the economically developed countries, the government had to implement foreign solutions, without carrying out any in-depth adaptation or harmonization work, thus reducing the value and the effectiveness of the law.Initially, the foreign direct investment law consisted only of three separate laws and their implementing regulations : Sino-Foreign EJV Law and its Implementing Regulation, the WFOE Law and its Implementing Regulation, and Sino-Foreign CJV and its Implementing Regulation. This was then competed by other laws and regulations, each governing only one specific form of foreign-invested enterprise.Litigation is part of everyday life which allows the legislator to measure the efficiency of justice within a State. Despite the fact that litigation is the ultimate means of testing the effectiveness a legal system, it is only a last resort, especially in states such as China, in which its history demonstrates a constant preference for alternative modes of dispute resolution to the detriment of contentious proceedings.After three decades of reform, China has become an integral part of the international scene. As a result, its practice of resolving disputes is increasingly aligned with international standards. The quest for effective dispute resolution is now similar to that of other Western states: ideally a dispute must be resolved in the short time frame, at a low cost and with as little stress as possible, but with an acceptable result.It is therefore essential to constantly follow legal news. Indeed, the two recent catalogs (2015 and 2017) illustrate a liberalizing trend of the national market by opening more sectors to foreign investments, and by introducing a system close to the "negative list". And the 2016 Reform replaced the authorization procedure for foreign direct investment projects with a simple registration system. While these recent developments have provided solutions to existing difficulties, due to the number of flaws in substantive law, a thorough reform is needed. The Draft Law on Foreign Investment, published by the Ministry of Commerce in 2015 for public commentary, has the potential to erase all the flaws of the current regime. However, despite the promises made by the government, its future remains very uncertain at the moment
Nkounkou, Euloge Anicet. "La stabilisation des investissements pétroliers et miniers transnationaux : des contrats aux traités." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/27603/27603.pdf.
Full textEl-Badawi, Mohammed Gélani. "Investissements étrangers et entreprises communes : perspectives d'une collaboration entre les Droits nationaux et la Lex Mercatoria." Nice, 1986. http://www.theses.fr/1986NICE0013.
Full textBonomo, Stéphane. "Les traités bilatéraux relatifs aux investissements : entre protection des investissements étrangers et sauvegarde de la souveraineté des états." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32059.
Full textTraditionally, the legal security of foreign investment was provided by customary law. In 1959, an instrument emerged from the community of states that was specially dedicated to the protection of foreign investments : the bilateral treaty for the promotion and protection of foreign investments. In addition to the fact that there is today a large number of these agreements, for the foreign investors, bilateral investment treaties establish a protective legal framework that limits the host state’s sovereignty. Sovereignty that means the monopolization of law by the state is in effect restricted by the rules contained within these treaties. If these agreements can limit the legislative or judicial dimension of the host state, one of the outrageous aspects of the impact of these treaties on state sovereignty lies in the fact that on numerous occasions, arbitral practice has promoted the protection of the foreign investors, at the expense of the general interest of the host state. However, due to recent developments in jurisprudence and in the treaties’ provisions, we are now seeing a rebalancing of rights and obligations of investors with those of the host countries. Based on these findings and in light of the study of the rules resulting from these agreements, this contribution aims to demonstrate that while continuing to provide protection to foreign operators, these bilateral treaties now increasingly tend to uphold the host state’s sovereignty
Olarte, Bacares Diana Carolina. "L'articulation du droit international des investissements et des droits de l'homme : le cas de l'Amérique latine." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010320.
Full textThis thesis addresses two different legal areas: Human Rights and foreign investment protection. The focal point of our research is Latin America, and the objective is to analyze the articulation of the above-mentioned legal areas, while identifying and studying the circulation of legal norms in their horizontal dimension, in other words, in the framework of international law. The interaction of foreign investment law and human rights is recent, and is a subject that has begun to attract the attention of the international community and to display the advantages and limits in their articulation In fact, States have to protect, respect and guarantee Human Rights, regardless of the classification they are subject to. At the same time, States must also comply with their obligations to protect foreign investment in their territories derived from international treaties that they are part of. Compliance with these two types of obligations can take place without implying any coordination problems, but in other cases, it could also cause these obligations to clash. We will aim to identify common points in both regimes, as well as conflict areas in order to determine the articulation between these two areas of international law. In fact, practice reflects the implications that investment activities sometimes have on human rights, and invites to analyze the interactions between these two regimes. This is how some new model agreements promoting and protecting foreign investment have begun to expressly refer the protection of human rights. In the same way, international arbitration has been increasingly dealing with questions concerning the common areas, as well as the diverging points of these two regimes. In effect, arbitral jurisprudence deals with this interaction, but often times in a timid and heterogeneous way, and in the majority of the cases biased by interpretations that privilege the rights of investors over any other question relative to rights of other persons affected by the investment. In light of human rights jurisprudence, this situation often receives a different understanding, due to the fact that human rights are interpreted and applied in accordance with specific principles, and placing greater importance on the humanistic essence that distinguishes the area. These differences in the interpretation may deepen, taking into account the specificity of regional structures that participate in the creation and development of international investment law and international human rights law. Concerning Latin America, bearing in mind the contrasts that depict the region, it has featured particular approaches with regard to the treatment of foreign investors, greatly influenced by the Calvo and Drago doctrines, as well as by regional interpretations within the framework of the Inter-American system of human rights. These interpretations have built Latin American legal traditions in the matter that have evolved over time, and can be evaluated against the international investment juridical framework. This landscape of possible legal fragmentation is nourished by the creations of new decision-making centers and regional institutions such as the UNASUR, ALBA, and more recently the CELAC. This question calls us to deepen the study of the articulation of these two legal regimes, under the prism of the Latin American legal tradition
Benmakhlouf, Khalid. "Le droit international des investissements dans une optique de libre-échange." Paris 13, 2011. http://scbd-sto.univ-paris13.fr/secure/ederasme_th_2011_benmakhlouf.pdf.
Full textRegarding the field of investment, it was upheld in different doctrines that the issue of protection only presented a temporary explanation to expropriation businesses in the 70s. The attention moves at the present time, towards problems of circulation. In other words, the problems of mobility of funds and investments. The law of investments would become, at least in a first approach, the incidental of international law of exchange for it is the free trade that induces the liberalization of investment. In practice, a narrow relationship exists between international liberalization of investments and public interests of hosting states. Will we conclude to a mutation of the standard ones of treatment and of protection traditionally included in the investment agreements? There would have - it of new clauses that henceforth left facts of the normative device of the conventional instruments? To which one case, go - they to oust standard? It is at these interrogations that it would suit to bring the response elements while examining, notably, the various sources of international investments law (agreements of the WTO, conventions of regional integration, free trade agreements. . . )
Ortiz, Silvana. "Le droit des investissements directs étrangers dans le cadre du Mercosur." Nice, 2000. http://www.theses.fr/2000NICE0051.
Full textTraore, Tsagao. "La garantie des investissements directs étrangers en Afrique et le droit international : contribution à l' étude systématique de l' évolution des sources, des institutions et des techniques du droit international des investissements." Toulouse 1, 2001. http://www.theses.fr/2001TOU10101.
Full textThe guarantee of Foreign Direct Investments is one of the main tools for the African States to contribute to the achievement and the renewal of the general international law. It has promoted new sources, institutions and techniques which will have a strong and decisive influence on international law
COSTACHE, CARREZ ADRIANA. "La promotion des investissements directs europeens dans les pays de l'europe centrale et orientale (bulgarie, hongrie, pologne, roumanie, slovaquie, republique tcheque)." Paris 11, 2000. http://www.theses.fr/2000PA111014.
Full textNguyen, Lan Nguyen. "Le droit de l'investissement direct étranger au Vietnam dans le contexte de la mondialisation." Toulouse 1, 2006. http://www.theses.fr/2006TOU10038.
Full textIn the world wide expanding context, Vietnam has opened its boundarie to foreign trade and, in the same time, has created a basic legislation frame to copy with the direct foreign investments with has flowed in Vietnam. FDI legislation contribued importantly in realizing with success the economic and social policy fixed up by the communist party and the Vietnamese gouvernment on the basic of managing the concept of opening abroad in the aim of receiving foreign economic experiences in the recent years. This succes prouved the important role by the FDI/legislation in Vietnam
Mpondo, Mboka Guy Roger. "Les investissements directs étrangers et le système commercial mondial : aspects juridiques." Paris 12, 2002. http://www.theses.fr/2002PA122009.
Full textHinzab, Nasser. "Le droit des investissements étrangers au Qatar : analyse comparative avec la France." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D013/document.
Full textAn agreement dated December 4, 1990 governs commercial relations between France and Qatar. In the context of bilateral relations between States, the various commercial exchanges and investments between private and public persons are framed by numerous texts and conventions. This legal framework must establish an essential factor : Trust. Of course, incentives are also included in these investment promotion texts. Loyalty is the driving force of any business relationship if it were to be tainted that would inevitably lead to a breach of contract. ln addition, the law allows investments over time : the confrontation with economic and geostrategic stakes, which can arise at any time, can come to undermine any committed investment policy. Foreign investment has become a key factor for the national economy for both France and Qatar. For the latter, investment law is developing, particularly with regard to the protection of foreign investment through the creation of an appropriate legal regime. The State of Qatar has an obligation to diversify its economy and its limited sources of financing for the moment to hydrocarbons. This obligation of diversification pushes the Qatari authorities to rapidly develop a legal framework for international investment ln this area France has a solid legal arsenal, and older than that of Qatar. It was therefore interesting to carry out a comparative study between the two legal systems : the subject of this thesis
Bentoumi, Mohammed. "Le droit de l'investissement étranger et le droit au développement." Nice, 2005. http://www.theses.fr/2005NICE0037.
Full textLeroy, Sophie. "Le régime juridique des investissements directs étrangers en Russie." Paris 1, 1994. http://www.theses.fr/1994PA010306.
Full textThe legal system for direct foreign investment in Russia has to be analysed with the recent upheavals in the political and economic structure of the former USSR, which lacks clarity and stability. The international structure of Russia need help from economic international organizations and the establishment of a new foreign cooperation with the rest of the world. In that context, the Russian law for foreign investment is often changed but does exist. The legal system for French direct investment in Russia is first based on bilateral agreements for the economic cooperation. Also, a special bilateral agreement has been established to protect and stimulate foreign investment. At least, public garantees to cover non-commercial risks are quite adapted to the situation. In fact, state contracts concluded between russia and big French firms in the energy branch are the main structure of the French direct investment actually realized in Russia
Bravi, Alain. "La garantie des investissements français à l'étranger." Nice, 1989. http://www.theses.fr/1989NICE0010.
Full textTurcon, Rémi. "L'investissement direct étranger aux États-Unis : aspects juridiques." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32014.
Full textThis thesis is in fact a pratical guide for the foreign owner of an entreprise who wants to invest in the united states; the goal of this thesis is to describe the principal judicial mecaniums in relation with foreign direct investments. The principal topies studied are : 1) restriction on foreign investments (in the field of communication; transportation; energy; banking activities). 2) reporting and disclosure requirements of foreign investments. 3) legal structures adapted to foreign investments. 4)the tax regime of foreign investments. 5) state and local incentives to foreign investments. 6) laws regulating investments in general (antitrust contraints on foreign investments; labor law; environmental law). 7) specific problems of immigration law (non-immigrant visa and immigrant visa)
Venturi, Fabien. "La protection des investissements du distributeur intégré en droit interne et communautaire." Nice, 2005. http://www.theses.fr/2005NICE0009.
Full textContracts of exclusive concession, selective distribution and frankness are some contracts of integrated distribution. These contracts are characterized by the conflict of interests which opposes the integrating suppliers and the integrated distributors. The suppliers are favorable to contractual precariousness. They want to preserve the right to break the contract freely in order to reorganize their distribution network. The distributors express a need for contractual stability. They wish to profit from a sufficiently long contract to amortize their investments. Our study shows that the civil law and the competition law are directed gradually towards the protection of the investments of the integrated distributor. Indeed, the distributor is granting a minimum of contractual stability. This stability is evident into national and Community law by setting-up of minimal contractual durations and apparition of the obligation to justify the rupture of the contract
Mindzie, Mi Ngou Milama Sylvia Nelly. "Les alternatives de droit privé au financement par l'impôt des investissements publics." Thesis, Tours, 2016. http://www.theses.fr/2016TOUR1007.
Full textAs it is becoming less and less easier for the Government or its regional authorities, due to more and more limited budgetary resources, to maintain their mission of general interest, that is to say providing and renewing public investments, our legal study proposes to provide alternatives to taxation so as to assure a private financing of public investments. In the context of an accurate analysis, taking its source from private Law, of contractual techniques of private financing of public investments. Helping public decision-makers to fully identify all the alternatives to taxation through private Law, extent of its legal regime in every sense, here is the purpose of our study. But also the possibility for them to fully understand consequences of this kind of financing of public investments, analyzing its advantages and disadvantages particularly in comparison to taxation
Tanon, Abédjinan M. Sandrine. "Le droit des investissements internationaux vu par la CIJ et le CIRDI." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0450/document.
Full textTo international investment law questions, the ICJ decisions are materials that must be taken into consideration. Indeed, substantive rules in international investment law and their issues are older than the ICSID creation. The legal issues had already been raised in the Court which set rules and principles covering international investment law principles. Thus, it is into the Court’s decisions that some rules relating to international investments was created. From this perspective, the ICJ cases could be seen as a legitimate forerunner for substantive rules in international investment law. In the other hand, the ICJ has a main role in the development and promotion of the rules of international litigation, some of which are of relevance in international investment law. The present work, by using the ICJ cases as guidance precedents, challenges the ICSID decisions to determine if the ICSID follows or not the rules and principles raised by the Court in international investment law. The analysis shows that if some ICSID decisions borrow the principles and rules established by the ICJ, others follow new ways in both primary and secondary rules in international investment law
Nock, Isabelle. "Le cadre juridique des investissements étrangers en Grèce." Paris 1, 1996. http://www.theses.fr/1996PA010313.
Full textThe objective of this study consists on the one hand, in the presentation and the analysis of the national and international law rules which govern the achievement of foreign investments in greece and on the other hand, in the demonstration of the correlation which exists between the legislative policy toward investments of a country and the economic objectives of this one. The analysis of the legal framework for foreign investments in greece, includes two parts. In a first part, we will study the rules of constitution and liquidation of foreign investments in greece. Since the entry of this country in the eec, these scopes are governed by community legislation's provisions that greek law had to implement. In a second part, we will analyse the legal framework of treatment and protection of foreign investments in greece, scopes which are regulated by greek national law or because of the instability of this one, by international law (bilateral conventions for the mutual promotion and protection of investments and multilateral agreements that deal with foreign investments)
Telles, Olivia Raposo da Silva. "La règle du traitement national comme mécanisme d'ouverture des marchés en droit des investissements internationaux." Paris 1, 2001. http://www.theses.fr/2001PA010303.
Full textJamshidi, Mehdi. "Les investissements étrangers en Iran." Paris 5, 2009. http://www.theses.fr/2009PA05D003.
Full textIn the whirlwind which followed the Iranian Islamic revolution in 1979, Iran was suffering economically from an exhausting war, reconstruction of the country and political isolation. In this condition Iran felt the need to develop powerful economical tools redress the country to reach its real level economic potential, manpower and mining resources. But there was no law on foreign investment except the law of attraction and protection of foreign investments in Iran signed in 1955. After the Iranian revolution and the adoption of a new Constitution on 30 March 1989 and the emersion of its contradictions with the law of 1955, a new Foreign Investment Act was established on 24 May 2002: "All the profits obtained by Iran, in addition to the original capital invested in other businesses under the law on protection and attraction of foreign investment are regarded as foreign capital, and are protected by the Government of the Islamic Republic of Iran. " During this relatively long interval (22 years) the Islamic Republic of Iran has created free zones in 1993 and regulations governing capital investments in a free zone that defined how foreigners can invest in Iran. The principle 44 of Constitution of 1980 has an important role in Iranian economy. However, despite the laudable political intentions, this principle has not fully. Contributed to the reduction of governmental authority over economic affairs of the country. Recently some economic modifications toward privatisation made the possibility of issuing the public companies and banks stock's in the Iranian stock exchange. What are the real obstacles toward investors to enter Iran? What are the economic, legal or political barriers? What are the effects of the Iranian nuclear issue facing foreign investment? And what are the solutions?