Dissertations / Theses on the topic 'OMF International'
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Lefebvre-Chalain, Hélène. "La stratégie normative de l'Organisation maritime internationale (OMI)." Nantes, 2010. http://archive.bu.univ-nantes.fr/pollux/show.action?id=a2bc0cab-b4a4-466b-9060-c1c35cc4be03.
Full textThe Intergovernmental Maritime Consultative Organization (IMCO) was established in 1948 in order to address at a global scale, issues raised by the maritime transport as well as the concern of the most powerful flag to keep their influence in the field. The registries created by the new States following the decolonization and the escape of the ship-owners towards more economic flag slowed down the action of the Organization, highlighting the disadvantages of a decisional system centered on the influence of the shipowners. Major incidents and marine pollutions of the 20th century allowed the slow transformation of the Organization for the development of its normative action. Even if, the organization does not exercise its competence in the economic concerns, when it became the International Maritime Organization (IMO), the political dimension of its work in technical field conferred gradually to it a moral authority based on its expert testimony and its universal vocation. Although modest, the IMO remains the single institution to join together the whole of the actors of the maritime sector and its intervention is paramount. The adoption of universal standards is founded on its capacity to direct the discussion and the negotiation in order to attain a consensus. The inevitable limits of consensus stimulates the improvement of its technique for the adoption of universal standards and maintains a constant evolution which is not always conform of waitings. "Safety, security and effectiveness of navigation on cleaner oceans" are ambitious objectives which pushed it to determine strategic directions and to act within a framework of performance
Sio, Pierre. "Les centres bancaires "Off Shore" et les "International banking facilities" : contribtion à l'analyse de la création monétaire internationale." Orléans, 1986. http://www.theses.fr/1986ORLE0503.
Full textThe growth of the euromarkets has been very important since 1960. The present thesis temps to analyze the credit creation in these markets by examine the incidences of this growth on international inflation and on the conduct of monetary policy in particular country. The first part studies the growth of some constituent part of the eurocurrency market, that is, offshore banking centers and the "international banking facilities" in addition of the particularity of the offshore banking centers, some common outline subtend this centers'growth : regulator advantages, fiscal, geographic. The second part try to estimate the euro-currency multiplier in a model that takes the euro-currency markets in the context of overall portfolio equilibrium. The estimate multiplier allow us to appraise the size of the contribution of eurobanks operations to the money expansion with consequences about inflation and the monetary policy in particular country
Pace, Virgile. "L'organisation mondiale du commerce (OMC) et le renforcement de la réglementation juridique des échanges commerciaux internationaux." Paris 2, 1999. http://www.theses.fr/1999PA020046.
Full textTHE SYSTEM ESTABLISHED BY THE WTO EMBODIES AN UNPRECEDENTED strengthENING OF THE LEGAL REGULATION IMPOSED ON GLOBAL TRADE. THIS MOVE MEANS FIRST AN INCREASE IN THE NUMBER OF JUDICIAL RULES. INDEED, AN INCREASING APPEAL TO JUDICIAL RULES IS TO BE NOTED TOGETHER WITH THE ESTABLISHMENT OF A MORE COERCITIVE LEGAL SYSTEM AND A CLEAR BLAMING OF ALL NON-JUDICIAL ELEMENTS. THIS strengthENING ALSO MEANS MORE EFFICIENCY IN THESE JUDICIAL RULES. INSTITUTIONALIZING ARBITRATION, ESTABLISHING A GENUINE APPEAL PROCEDURE, AND TIGHTENING SUPERVISION AND CONTROL SHOW THE JUDICIAL CHARACTER OF THESE PROCEDURES. MORE RATIONAL, MORE CREDIBLE AND MORE EVENHANDED, THE DISPUTE SETTLEMENT MECHANISM OPERATES IN A MOST POWERFUL JUDICIAL WAY. THIS strengthENING IS EVENTUALLY PRAGMATIC AND THE DEVELOPMENT OF JUDICIAL RULING IS REALISTIC. THE LIMITED RULING OF THE WTO IS MOSTLY FLEXIBLE. IT IS SPECIFIC AND CAN FIT A REGION BUT IT IS ALSO UNIVERSAL SO IT CAN EVOLVE INDEFINITELY TO MEET STATES'DEMANDS. THIS SET OF RULES FREELY NEGOCIATED BY ALL MEMBER STATES PROVIDES WTO WITH A FIRM LEGAL AND POLITICAL ACCEPTABILITY. FURTHERMORE, THE strengthENING OF JUDICIAL RULES ON GLOBAL TRADE REQUIRES THAT ALL DOMESTIC JUDICIAL BODIES ACKNOWLEDGE THAT WTO'S RULES CAN APPLY DIRECTLY IN MEMBER STATES
Azouagh, Mohamed. "La prise en compte de la protection de l'environnement par le GATT/OMC." Nice, 2000. http://www.theses.fr/2004NICE0026.
Full textIn recent years the relationship between trade and environment has become increasingly complex. The need to reconcile commercial interests and environmental protection has become central to the Multilateral Trade System. The aim of this study is to analyse the role of the GATT/WTO in addressing theses challenges and in what extent it incorporate environmental interests. It comes out from this study that although the prime objective of this institution is not environmental protection, environmental concerns are now integrated by the GATT/WTO. In this way two approaches are adopted, in the first one commercial interests often take priority over environmental protection while in the second one GATT/WTO try to search a balance between the two subjects
Zhekeyeva, Aiman. "La souveraineté et la réalisation de la responsabilité internationale des Etats en droit international public." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00675942.
Full textClaeys-Broutin, Odile. "Le pluralisme juridique international : contribution des juges internationaux à la mise en cohérence du droit international." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100175.
Full textInternational law evolves at a rapid pace, and results in a strong increase in norms, organizations and international courts, raising increasing fears about a fragmentation of international law within the international legal order itself. The international legal order is defined, in the broadest sense of the term, as international law aimed at governing international society. This includes specialized international legal systems, made up of a number of international organizations ; each one including a court or an arbitral tribunal. The aim of this thesis is to determine, through the study of international legal pluralism, weather this foreseen risk of a possible fragmentation of the international law is, in the end, proven or not. In order to fulfill this aim, our work is based, on the one hand, on a systemic analysis of international legal orders, this in order to determine whether these bodies establish legal relationships between themselves, and on the other hand, on a normative analysis of legal systems, to determine this time whether each one sets up, or not, its proper inner coherence.In the first part, we show that the international legal pluralism seems to be uncoordinated, inducing a risk of fragmentation of international law, this due, in part, to the proliferation of international legal orders and, and in other part, to their lack of institutional ground. In the second part, we aim at proving that the international legal pluralism finds best its balance when international law is put into practice by international judges. They coordinate international jurisprudence through their jurisdictio (apply the law) and set out the boundaries of a true international judicial power through their imperium (to pronounce a binding decision)
Vanel, Julia. "De l'éducation sanitaire à la promotion de la santé : Enjeux et organisation des savoirs au coeur de l'action publique sanitaire (internationale)." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLV033/document.
Full textThis doctoral thesis is an intellectual contribution to the analysis of the unquestionable, process of internationalization of public health policies. Starting from a precise and even narrow point—the transition from “health education” to “health promotion” in the discourses and practices put forward by the World Health Organization (WHO)—we retrace the historical and political representations that shape public health-related policies at the international level. This interdisciplinary work, at the crossroad of the history of ideas and the international public policies analysis, is based on an innovating methodology which articulates an intellectual and empirical research to the analysis of the history and the functions of the WHO.This history is one of knowledge intertwining with games of power and institutional processes in shifting contexts. Starting with the emergence as early as the XVIIIth century of health education as a strategy for changing personal behaviors and its inclusion far later in the WHO structure, we move to the question of (international) public (health) policies transformations. The progressive affirmation of health promotion in the 1980’s reflects how WHO instances reframed the meaning of their work, when confronted to the tensions provoked by the shifting balance of well-established conceptions, and how they modified their discourse and their practice in order to keep or acquire a capacity to influence public action.. Above all, our research shows that (international) public health policies are today characterized by a attempt to combine—in a context of complexified issues and increased heterogeneity in knowledge as well as of a greater number of stakeholders in public health (action)—an array of legitimizing discourses ranging from the defense of individual freedom and the need for collective action on behalf of health as a “common good” to (individual and collective) strategies of action that are not only different but often conflicting
Mangin, Maïlys. "La conversion de l'AIEA à la lutte contre la prolifération nucléaire : une internationalisation tactique des jeux gouvernementaux nord-américains, d'Atoms for peace aux sanctions contre les « Atomic ayatollahs »." Electronic Thesis or Diss., Université de Lille (2022-....), 2022. http://www.theses.fr/2022ULILD024.
Full textThis thesis analyzes the transformations of the IAEA's (International Atomic Energy Agency) nuclear non-proliferation missions and the uses to which they are put, from its creation during the Cold War to the Iranian nuclear crisis. It exposes the social foundations of a process of politicization of the IAEA, characterized by the intensification and conflictualization of exchanges of blows between the social actors and sectors that mobilize the institutional resources of this IO. Drawing on a variety of interviews and archives, the thesis sheds light on the constraints that this politicization context exerts on the perceptions and practices of actors both inside and outside the IAEA's institutional boundaries. The thesis first traces how the bipolar system, and then its collapse, influenced the way in which North American foreign policy actors addressed the problem of nuclear proliferation, and structured the ways in which the IAEA was mobilized in this respect. After having been a by-product of the United States' civilian nuclear export policy, the IAEA's non-proliferation activities were called into question as part of US struggles to restructure post-Cold War foreign policy in the Middle East. This thesis then analyzes how this politicization process, as a logic of situation, structures the way in which the IAEA's expertise is produced and mobilized in the context of the Iranian dossier. It shows that the IAEA's investigation in Iran, from 2003 onwards, is as much an autonomous technical process as a fuel for the competition to define (un)acceptable Iranian nuclear activities. In this respect, this thesis proposes an alternative to “circulatory” sociology, substituting the study of import-export logics between national spaces with that of tactical interdependence between social spaces with no geographical proximity. Going beyond the opposition between instrumental uses and legitimizing virtues of IOs, this approach helps to renew the analysis of the strategic uses of IOs and their effects
Moundounga, Ntsigou Serge. "La fragmentation du droit international public : l'oeuvre de codification à la lumière de la fragmentation du droit international." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA005.
Full textThe phenomenon of fragmentation is quite complex and is involved in the phenomenon of internormativity in so much as it includes the study of the relationship between law and society and, in particular, international law as a legal system. This study is, as a general, an essay on the work of codification and progressive development of international law as embodied in the practice of the International Law Commission, taking into account recent developments in international law symbolized in what is termed, increasingly, fragmentation of international law. The case revolves around the extraordinary expansion that this discipline has being knowing for nearly fifty years now and around the changes affecting what is commonly called the ‘international community’. The interest is generated by the evolution of methods for the development of international law, owing in particular to the multiplication of the competent organs of the UN and the need to find practical solutions to the phenomenon of normative conflicts at the international level. These are two consequences (legal and institutional) of the phenomenon of fragmentation that now has come to threaten the international legal order and the unity of international law. Therefore, given this situation, the need for a strengthening of the concept of codification of international
Girod-Laine, Maximilian. "L'évolution de l'indépendance de la justice administrative interne des organisations internationales : du XIXe siècle jusqu’à la réforme des Nations Unies de 2009." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100145.
Full textStaff conflict resolution mechanisms within international organisations have witnessed a tremendous evolution since the 19th century, evolution which saw progress but also periods of regression in terms of independence of justice mainly due to the sensitive issue of the authority of their governing bodies. The thesis studies this evolution by applying the theory of historical institutionalism and through various criteria used to measure the independence of these mechanisms. While mainly four different systems of justice existed for staff members and others in the 19th century, the establishment of the League of Nations in 1919 was accompanied by the creation of a new type of recourse mechanism solely meant for staff members and which would eventually dominate the 20th century: joint advisory boards with staff participation without binding authority and independent administrative tribunals. The loss of control experienced by the governing bodies over these tribunals also led Members States to establish a new mechanism allowing them to challenge their decisions with the International Court of Justice. But far from assisting them to ascertain their authority, the ICJ would not only confirm the independence of those administrative tribunals but also of the United Nations itself. The joint advisory boards, the last element of the conflict resolution mechanisms which was not yet independent, were finally abolished within the United Nations in 2009 through a justice reform that created a new appeals tribunal. However, fragmented and compartmentalized, the overall justice system within the United Nations still fails in 2017 to address the broader issue of its liability towards all kind of persons and companies, which might have suffered harm from its activities
Guichard, Pamela. "Arbitrage commercial international et intérêts étatiques. Avantages de la convention d'arbitrage internationale mixte." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3001.
Full textThe international commercial arbitration in which one party is a State party is as current as criticized. The State courts may have to give up exercising their discretion of the legal validity and the efficacy of the international commercial arbitration agreement, even if the latter does not conform to their national law. It is easy to understand the problem of legitimacy posed by this agreement opposite to the State party. The question of State interest in international commercial arbitration represents not only important legal issues but also economic issues for the State. The first part is dedicated to the study of the legal instruments favoring, in the interest of the State, the extension of the validity of the arbitration agreement towards the State; whereas the second part deals with the delicate questions raised during disputes which call into question the validity or the efficacy of the arbitration agreement, due to the allegations made by the public entity based on violations of certain national legal provisions or changes in economic or political circumstances. For a few decades, the jurisprudence and the French doctrine advocate that the arbitration agreement in an international contract has its own efficacy and validity. Our legal research has revealed the body of rules and principles basing the legal framework of the arbitration agreement detached of some link with authorities and with the national law. At the same time, we demonstrate the repeating ineffectiveness of the remedies sought on the ground of the conflicts of procedural legislations or by recourse to State court. This theory is particularly underlined when a public entity is a party to an international commercial arbitration. We critically analyze for the State interest, the exercise of diplomatic protection as a substitute remedy against the inefficiency or invalidity of the arbitration agreement. The exercise of diplomatic protection is highly subjective, because it depends simultaneously on the arbitrary judgment of the protective State with respect to its national and to the power of this State on the international scene. The economic operators are not on an equal footing while it is a question to rule the proper or improper performance of contractual obligations based on an international contract, because it is no longer a matter of an objective remedy through the right, but a matter of power between the States. This is all the more the case as the exercise of diplomatic protection has often leaded to inter-state conflicts. Our thesis defends the legitimacy, pertinence and advantages of the arbitration agreement through the kaleidoscope of many international legal sources and with regard to the prevalence of State interest. However paradoxical that might seem a priori, there is no paradox for the State to engage itself in a conventional manner to waive its discretionary power of domestic jurisdiction. On the contrary, the international economic relations are based on trust, morality and loyalty, and international commercial arbitration achieved that goal by providing an effective international judicial remedy for both parties
Marques, Silvio Antonio. "La coopération juridique franco-brésilienne." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D029.
Full textSince the end of the twentieth century, the number of international investigations and legal proceedings in civil and criminal matters has grown considerably due to the globalization of the economy and the ease of transportation of people and goods. Nevertheless, the international legal cooperation rules and regulations, including those between France and Brazil, have not kept up with this evolution. In fact, the international legal cooperation has always been flawed, mostly as a result of the rigorous defense of state sovereignty and the lack of mutual trust and coordination among countries. The authority distribution in the international community is made horizontally, thus the norms of assistance among States are marked by decentralization and particularism. In most regions of the world, the enforcement of legal cooperation claims is slow and bureaucratized, despite numerous treaties and bilateral, regional or international conventions. Extradition is still carried out in accordance with practically the same formula invented by the Egyptians and Hittites in 1280 B.C .. The letter of request, which springs from the Roman litterœ publicœ and the French lettre de pareatis, is still the major tool of civil and criminal legal cooperation. Some standards, regarded as first-generation, stipulate the use of indirect diplomatic ways. The second-generation norms established mostly at the end of the twentieth century have improved the transmission of demands through central authorit1es but have not solved all the problems. In fact, only the European Union norms are truly third-generation, since they favor the straight submission of civil and criminal legal cooperation claims, the swift execution of the European arrest warrant and the execution of a large number of civil judgments, with no exequatur or any other intermediate procedure. The French-Brazilian legal cooperation rules, which stem from conventions signed in 1996, are outdated and anachronistic. The rules of internal law of the countries that pursue international cooperation are utterly more generous and effective than those of conventional origin. The elaboration of new conventions thus arises as a significant solution, despite the enormous political and juridical challenges. Naturally, prospective conventions sponsored by the United Nations or by The Hague Convention concerning: direct legal cooperation seem more suitable to a comprehensive solution of the main issues. However, nothing precludes the conclusion of regional, interregional and bilateral texts, even though these will have a smaller reach
Mills, Alex. "The confluence of public and private international law : justice, pluralism and subsidiarity in the international constitutional ordering of private law /." Cambridge ; New York : Cambridge University Press, 2009. http://opac.nebis.ch/cgi-bin/showAbstract.pl?u20=9780521731300.
Full textVolz, Markus. "Extraterritoriale Terrorismusbekämpfung /." Berlin : Duncker & Humblot, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/527837652.pdf.
Full textMabanga, Ghislain Mabanga Monga. "Le témoin assisté devant la Cour pénale internationale : contribution à l’évolution du droit international pénal." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100151.
Full textFollowing an oral decision given by the Trial Chamber I in the Lubanga case, the International Criminal Court has introduced a new player into international criminal cases: the self-incriminating witness, who is assisted by a counsel. This "assisted witness", like the suspect, is under suspicion, and like an ordinary witness appears before the Court to testify. However, he is neither completely a suspect, since he cannot be convicted by the Court, nor completely a witness, since he is implicated in the criminal proceedings. The evolution of the role of this singular player in international criminal cases has given the Court the opportunity of reviewing traditional notions of international criminal law. Thanks to this situation, the status of the different parties is no longer restricted to prosecution and defense. The ordinary witness, considered as a passive third party in the trial, now shares the stand with an active witness who is able to speed up proceedings that are separable from the main proceedings. In seven years of existence, the assisted witness has had such an impact on criminal proceedings that it has become necessary to revise the core texts of the Court in order to put an end to the legal confusion among the different chambers regarding the extent of this witness's rights and obligations
Hall, Jérémy. "L'appréciation de la preuve devant la Cour pénale internationale." Electronic Thesis or Diss., Université Grenoble Alpes, 2020. http://www.theses.fr/2020GRALD006.
Full textThe emergence of international criminal jurisdictions has stimulated important research on evidence because of their innovative and hybrid nature. The creation of the International Criminal Court has exacerbated questions about proof due to the difficult and ambiguous compromise made by States. As a fundamental element of the trial, evidence is defined as the means and the operation intended to convince the judge of the accuracy of a factual assertion. The main focus of research concerns gathering evidence and its admissibility. Very few studies deal with the assessment of evidence, yet it is the heart of judicial work. The study of this issue before the International Criminal Court is particularly relevant in view of its sui generis system. Determining the legal framework relating to the probationary assessment is not easy, and requires combining the legal texts of the Court with its diffuse case law. It has therefore become essential to identify the general legal framework for the assessment of evidence. This remains uncertain because of the hybrid system of the Court and the composite rules specific to the assessment of evidence. The reasoning adopted by judges to assess evidence does not address these uncertainties, either through the definition of the standards of proof or the methods used to concretely assess all the evidence. Ultimately, neither the Statute nor the case law guarantee effective legal certainty in the assessment of evidence. However, the flexibility inherent in the latter explains these shortcomings without seriously undermining the right to a fair trial
Bassel, Mohammad. "La responsabilité pénale internationale des chefs d’état pour les crimes les plus graves qui touchent la communauté internationale." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3017.
Full textThe status of the Head of State and governments, which was already no longer an insurmountable obstacle to prosecution since Nuremberg law, has emerged as a threatened bastion. The traditional principles of international law as the immunity of Heads of State, the protection of the representative function and state sovereignty allowed the rulers to escape criminal prosecution. International law, which is simply analyzed as an interstate law, has undergone profound changes. This right is no longer limited only to States: new topics as new emerging areas of competence (areas of competence or fields of jurisdiction). Individuals have taken an increasingly important role in the international law with the concerns of humanity to prevent atrocities which the world has already known on the occasion of various armed conflicts. The responsibility of the Head of State is therefore no longer a matter of a domestic order, but also an international one, with the emergence of a new branch of international law: international criminal law. New trends in the international criminal law, marked by the increasing demand for dealing with the most serious crimes, henceforth oppose to the classical conception of immunity that has prevailed for a long time in the international legal order, and aim at reducing the State cause. This movement starts from the idea according to which "we can no longer accept the idea of immunity when a crime is committed that undermines the very foundations of the international community and revolts the conscience of all mankind." This awareness of the incompatibility between immunities and human rights is developed through the evolution of the international protection of human rights in favor of "immunization" of the regime of immunities of rulers, State bodies responsible for serious violations of international Law. Despite some misgivings, the criminal responsibility of the Head of State is a reality that should be universally endorsed and supported
Hassoumi, Kountche Boubacar. "L'application du droit international humanitaire et des droits fondamentaux dans les conflits armés auxquels prennent part des entités non étatiques." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC002/document.
Full textWhen the instruments of international humanitarian law had to be modernized, the non-international armed conflict was an epiphenomenon and its advent has always been considered a disruptive element of a deeply internationalized international scene. Nevertheless, the growing importance of this type of conflict has highlighted the ever-increasing role of a new type of actors, namely non-State armed groups. From now on, they are the major actors of conflicts largely majority. For this reason, we believe that it is time to change the approach and review the solutions proposed in the applicable international instruments. For all these reasons and to adapt the law to the realities of current conflicts, an approach stripped of any ideological and pejorative burden must take precedence over the current one. Similarly, it is fundamentally necessary to make these groups bear the consequences of their actions by committing their international responsibility
Andrews, Pearl Deidre. "Links between international child abduction and relocation: moving towards likemindedness in relocation disputes internationally - Is it time for a protocol regulating international relocation disputes." Thesis, University of the Western Cape, 2012. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3259_1364198101.
Full textThis by implication would mean that the best way to prevent child abduction is to desist from international marriages and moving abroad.The modern reality is that 
relationships are being formed internationally. In the same breath, relationships are easily un-formed and the family fractured. The emotional impact of any breakup is usually 
tense, and it follows by implication that this will be exacerbated if a child is involved. For reasons that will be expounded on in the thesis, many caregivers, usually mothers have 
opted to abduct their children. Some have opted to apply formally to relocate. Relocation disputes are widely regarded as one of the most controversial and difficult issues in 
family law internationally. These disputes usually arise pursuant to a relational breakdown, when the resident parent (usually the mother) seeks to relocate with the children 
either 
domestically or internationally. This causes a significant impact 
on contact arrangements with the other parent (usually the father). Depending on the country in which they find themselves and the laws applicable to relocation with the child, mothers are faced with the decision to remove the child either lawfully or wrongfully. International family law 
jurisprudence has been developed over time to assist with custody and relocation disputes. &lsquo
Much has been written on the Hague Convention &ndash
its flaws and its successes, its 
effectiveness and utilization. This thesis aims to look specifically at relocation disputes within the context of international parental child abduction
more specifically, it sets out to 
explore whether there is a link between those phenomena, and whether the Hague Convention is sufficient for dealing with relocation disputes. I hope to make a convincing 
argument that if there were an international instrument regulating relocation, there would be uniformity and consistency. People&rsquo
s confidence in the legal processes would be 
restored, motivating them to apply formally to relocate and, in doing so, the incidence of child abductions would be reduced.
Mondelice, Mulry. "Le droit international et l'Etat de droit : enjeux et défis de l'action internationale à travers l'exemple d'Haïti." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020025.
Full textSince the beginning of the 90’s, international community bosltered the Rule of Law, particularly in Haiti. Looking in vain to establish a democracy and devastated by humanitarian and political crises, this State emphasizes the difficulties of acting at the international level. This interdisciplinary thesis focuses on access to justice as a guarantee of rights and freedoms. It examines how and to what extent the norms used to promote the Rule of Law can be considered as States’ legal duties and as a mean of change. Appealing to international human rights law, States, international organizations and non-state actors use different legal sources of the Rule of Law in various circumstances and contribute to its elasticity in the context of progressive institutionalization at the national and international levels. The Haitian example shows that by being internationalized, the Rule of Law becomes structured and consolidated through improved State guidance, the exercise of its competences being part of a national law that respects international law, and because of strong institutions protecting rights and freedoms of which the respect is monitored by various mechanisms and institutions. Nonetheless, the relationships between national and international law, the Rule of Law and immunities, sovereignty, relations between State and permanent members of the United Nations Security Council, as well as structural weaknesses impeding the development of a culture favorable to the Rule of Law restrain individuals’ effective access to justice. Therefore, it seems necessary to reorient actions through transversal reforms that should result in better practices of valuing human beings
Khasawneh, Ahmad Y. "The Determinants of Off-Balance-Sheet Banking Risk: The U.S. and International Evidence." ScholarWorks@UNO, 2007. http://scholarworks.uno.edu/td/1076.
Full textAivo, Gérard. "Le statut de combattant dans les conflits armés non internationaux : etude critique de droit international humanitaire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30053.
Full textBefore the Geneva Conventions of 1949, only the international armed conflicts were regulated by the law of the war. This last one could apply in the civil wars only after the recognition of the rebel forces as belligerent party. Now, since the Second World War we attended an increase in non-International armed conflicts. But the Geneva Conventions of 1949 dedicated them only the common article 3; then the additional Protocol II of 1977 came to complete it. These two texts contain numerous gaps, in particular the absence of definition of the "combatants" and the "civilians", making so difficult the respect for the principle of distinction nevertheless essential for the protection of the civil populations. These rules do not regulate either the means and the war methods. Besides the normative gaps, there are material problems which complicate the effective implementation of the relevant rules. It is in particular about the participation of the civil populations in the hostilities, including the children-Soldiers and the mercenaries. The absence of combatant's status in the non-International armed conflicts appears as the main problem compromising the efficiency of the international humanitarian law. Does not this one contribute to the non compliance with this law by the armed groups? Would it be necessary to confer this status to these last ones to bring them to apply the international humanitarian law or to envisage the other means? Which one?
Cataleta, Maria Stefania. "Les droits de la défense devant la Cour Pénale Internationale." Thesis, Nice, 2014. http://www.theses.fr/2014NICE0034.
Full textDopted on July 1998 by the Rome Diplomatic Conference, the Statute of the International Criminal Court marks the culmination of a process of the international criminal justice, that started at Nuremberg and Tokyo and further developed through the establishment of the ad hoc Tribunals for the former Yugoslavia and Rwanda. The Rome Statute crystallizes the whole body of law that has gradually emerged over the past fifty years in the international community in this particularly problematic area and guarantees the same rights of the accused that are enshrined expressly in several conventions and treaties. In particular, the Statute of the International Criminal Court provides in articles 55 and 67 that the accused is entitled of a number of rights during investigation and trial. One come into existence the ICC has started a new era for the effective prosecution and punishment of serious violation of international humanitarian law wherever such abuses may occur and by whomever they may be perpetrated. This is accomplished in conformity to the rule of law and in the respect of the rights of the accused
Reydellet, Colin. "Corrélations entre conflits de lois et conflits de juridictions en droit international privé des obligations." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3074.
Full textFrench private international law holds as usual the dissociation between choice of law and judicial jurisdiction. This independence between the two sets of rules is set up as a principle by both majority doctrine and law. According to this principle, any form of correlation is and must be refuted, whether it occurs at the time of implementation of the conflict rules or the time of their formulation. In other words, three hypotheses are thus denounced: that of the direct applicability of the lex fori as such, but also those of the jurisdiction of the forum legis and the parallelism of the conflict rules, which lead to an indirect applicability of the lex fori. However, according to this study, contracts and torts private international law shows that such a principle does not exist and that it is not necessarily appropriate. Indeed, both the mechanism of overriding mandatory provisions and freedom of choice of law give rise to a direct applicability of the lex fori. Moreover, the refutation of indirect correlation modes is inappropriate. On the one hand, the jurisdiction of forum legis makes it possible to guarantee the effectiveness of overriding mandatory provisions, insofar as no other remedy is sufficient. On the other hand, the specialisation of contracts and torts private international law and the influence of European Union law on this discipline generate rules of judicial jurisdiction rules and applicable law that present a certain parallelism that is not only accidental. The thesis thus invites us to question certain classic dogmas of private international law of obligations
Deshayes, Olivier. "L'amélioration de l'application et de l'interprétation uniformes des conventions internationales relatives au contrat de transport : le cas de la faute qualifiée." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMR034.
Full textThe purpose of international conventions of uniform international trade law is to adopt a set of rules that are common and directly applicable to the legal relationship between the parties to an international commercial contract. The uniformity of these conventions can, however, be broken by divergent interpretations of which some of their provisions are the subject of the various national judges. This is particularly the case of the provisions relating to misconduct described in the international conventions of uniform law relating to the contract of carriage. In order to reduce differences of interpretation in this area, it has been proposed to change the wording of this qualified fault which, after having been formulated by means of a standard, has thus been made by means of a definition. This thesis was at first interested in the study of the results obtained in terms of uniformity of interpretation of this qualified fault under the influence of the standard, then under that of the definition. This made it possible to highlight the fact that beyond the drafting of the qualified fault by means of a standard or a definition, the divergences of interpretation appeared or could appear because of various disruptive elements which have been identified and for which a first level of proposals for solutions has been made. However, these proposals for solutions, which generally consist in adopting an interpretation taking into account the various disruptive elements of uniformity of interpretation that have been identified, must be implemented through mechanisms that are necessary to create. This is what this thesis proposed in a second step. The purpose of these mechanisms is to issue interpretative recommendations on conventional provisions that are the subject of at least potentially divergent interpretations. These recommendations are addressed to the courts of the States Parties to the conventions concerned and enjoy a sui generis status which justifies them being taken into account by the judge.If it is the misconduct described in the international agreements of uniform law relating to the contract of carriage which served as support and guideline for this study, the proposed elements of solution are however intended to apply, according to the same scheme, in other fields than transport law, governed by international conventions of uniform international trade law
Collin, Charlotte. "Les conférences des parties : recherche sur le droit d'une institution internationale." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D041.
Full textWhile many discovered the existence of Conferences of the Parties (COPs) in December 2015, during the COP 21 held in Paris, these institutions have nevertheless exercised, for almost half a century, essential functions for the development of international law and the effectiveness of international agreements in a wide variety of fields (protection of the environment, culture, health, disarmament,...). At the time of their creation and early development, these institutions were seen as an innovative mode of international governance, designed to arrange a flexible inter-state cooperation while ensuring the monitoring and adaptation of international treaties. Nearly half a century later, COPs have undergone a significant development, both quantitatively and qualitatively. This evolution calls for an analysis of their legal status and functions. The thesis characterizes the existence of an institutional common model and concludes that Conferences of the parties constitute an intermediate form of institutionalization, which is widely accepted by States despite a growing movement of rejection of multilateralism. By reducing the cost of their institutionalization and by preserving the sovereignty of their States parties, COPs appear to successfully balance the relational and institutional aspects of interstate cooperation
Bourdoncle, Emmanuel. "Le concept de traité international. Racines antiques et significations contemporaines." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020076.
Full textAs an essential instrument of the international legal system, the treaty is characterized by its historical permanence and its extensive use. This importance can be highlighted in particular through a historical analysis putting forward the inherent dimension of the convention to any international legal system. Its nature and its practice demonstrate the treaty flexibility and a capability of adaptation that the Greco-roman Antiquity allows to enlighten. Indeed, thought and used from this time, this instrument knows its main features since this moment. Collection of unilateral acts whose unity derives from its written character and its binding force from the international commitment of the parties, the treaty allows the formation of international obligations leading to a particular application of international law
Menzel, Ulrich. "Anarchie der Staatenwelt oder hegemoniale Ordnung?" Universität Potsdam, 2004. http://opus.kobv.de/ubp/texte_eingeschraenkt_welttrends/2010/4731/.
Full textLegris, Emilie. "Le tiers dans le contentieux international." Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0035.
Full textThe reflection on third entities in international litigation comes from the finding of an increased presence of “thirds” in the jurisdictional settlement of international disputes, thus questioning the traditional vision of the international trial as being “the thing of the parties”. The “third” is defined negatively, as any entity that is neither the jurisdiction nor the parties to the proceedings. Throughout the study, a more precise identification of this notion is developed : depending on the jurisdiction in question and the type of procedure examined, third entities are either States, international organizations, private (physical or moral) persons. Within the framework of diverse jurisdictions, the study apprehends the place given to third entities in international litigation, examining successively their protection and their participation. In the background, the study looks at the contribution of third entities to peacekeeping, as part of the peaceful settlement of disputes
Guepet, Tchawa Diane Christelle. "Etude de la Segmentation Internationale des Processus Productifs (SIPP). Une reformulation de la théorie de la fragmentation." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0021/document.
Full textIn a context of rude international competition with the rise of emerging countries, the production chain of MNCs becomes more complex. The objective of this thesis is to study the strategies of ISPP carried out by the MNCs. The first chapter establishes the shortcomings of works on the international fragmentation of production processes, which are mostly ‘country’ based studies and are no longer in line with changes of the current industrial world. In this chapter, the ISPP is defined. In Chapter 2, we build a partial equilibrium model to a single firm (the MNC) in order to find the main elements that determine ISPP and to show the different strategies by which MNCs segment their production process. In Chapter 3, we construct four new ISPP measurement indices and conduct relative descriptive studies. Chapter 4 verifies and complements the results obtained in the previous chapters, using two econometric models based on the French MNCs data and those relating to the countries where they have production activities. It appears that the ISPP combines the traditional theories and the new logics relating to international fragmentation; the constraints or advantages related to the firm and countries determine the choice of the firm to segment or not its production process via mixed or/and vertical strategies. Today, international fragmentation of production is no longer just a matter of the association of western multinational companies with suppliers of countries with low labor costs. Access to foreign markets, to a specific knowledge and skills are increasingly targeted. The strategies have evolved greatly and the level of countries too
Floss, Sidney. "Les critiques de la notion de souveraineté en Droit et Sciences Politiques : l'évolution sématique des concepts source de confusion." Thesis, Rennes 1, 2015. http://www.theses.fr/2015REN1G005/document.
Full textThis doctoral thesis questions the reasons behind the current crisis of the concept of sovereignty. Most critics claim they denounce sovereignty in its classical sense, that is to say as expressed by Hobbes and Bodin. We will show that these critics fail to identify their object. They don’t aim at the notion of sovereignty as developed by Hobbes and Bodin, but rather a reconstruction of it. The idea defended here is that paradigmatic evolutions within the various disciplines dealing with sovereignty have deeply altered its meaning, as well as the meaning of the terms defining it. Concepts such as power, State, and Law have been changed according to the evolution of the States and the concerns of researchers in various fields. This work endeavors to clarify the plurality of meanings granted to these different concepts in order to show that the current critics of sovereignty are substituting their own definitions for the terms used by Bodin and Hobbes. Thus, it appears that by using sovereignty in its original sense, it cannot be regarded as limited
Marchand, Sylvain. "Les limites de l'uniformisation matérielle du droit de la vente internationale : mise en oeuvre de la Convention des Nations Unies du 11 avril 1980 sur la vente internationale de marchandises dans le contexte juridique suisse /." Bâle [u.a.] : Helbing & Lichtenhahn, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/278947883.pdf.
Full textMehdi, Racem. "Analyse économique des négociations tarifaires internationales menées sous l'égide du GATT/OMC." Paris 1, 2006. http://www.theses.fr/2006PA010068.
Full textRoberts, Anthea Elizabeth. "Is International Law International?" Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/124611.
Full textOuedraogo, Daouda. "Démocratisation des Etats et garantie internationale des droits démocratiques : essai sur une contribution des organisations internationales." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0147/document.
Full textIf democracy refers to the political regime in which the state institutional apparatus reflects the will of the people, democratization would thus characterize any process leading to a more open and participatory authoritarian political system. But this democratization is not only the result of internal dynamics, it is also, and increasingly, the result of external actors, in particular international organizations.Since the end of the Cold War, convinced that democracy is the political system that offers the best guarantees of respect for human rights, international organizations, both universal and regional, with the United Nations in the lead, have resolutely invested themselves both from a normative and operational point of view in democracy promotion, sometimes to the point of questioning the well-established principle of State sovereignty. The promotion of democracy by international organizations is governed by a legal regime whose initial ambivalence has gradually given way to a certain coherence. This regime places individual and collective rights on States, the respect for which is monitored or even sanctioned by political and jurisdictional mechanisms, but whose effectiveness appears uncertain, thus recalling the complexity and sensitivity of the democratic question in international law
Matthews, Robert Reese. "The Antaractic treaty : alternative resource management policies for off-shore hydrocarbon exploitation." Thesis, Georgia Institute of Technology, 1989. http://hdl.handle.net/1853/28880.
Full textDalmazir, Pauline. "Les lois de police protectrices dans les contrats internationaux." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30087.
Full textThese past few years, the advent of new mandatory provisions to protect certain weaker parties within the realm of international contracts have been identified as protective mandatory provisions. As a renewal of the traditional mandatory provisions mechanism, it raises several questions with regards to its merits. This requires to consider protective mandatory provisions as a concept in itself, as well as an object integrated in a more global legal environment. These new mandatory provisions have appeared as an answer to a need for protection on the international level. However, the philosophy of mandatory provisions can be considered to be incompatible with the objective of the protecting the weaker party. Therefore, it is necessary to change certain characteristics of the mechanism in order for it to effectively attain its protection objective. It would then, however, amount to a deformation of the initial concept of mandatory provisions. Finally, considered within their environment, i.e. European contract law, protective mandatory provisions can be limited by EU-specific law concepts. They can also be surpassed by other tools, of European inspiration, putting into effect another link between the imperative character of the norm and the protection requirement of the weaker party
Tkatova, Rima. "Approches post-soviétiques du droit international : essai sur le renouvellement de la doctrine et de la pratique internationales." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30067.
Full textInternational law is a « common language » but the vision of international law is far from being universal. It is a « multiplicity of particular national, regional, individual, institutional visions of international law. One can speak of the existence of regional American, Latin American, European, Asian, African approaches of law, but what about the geographical region of the former Union of Soviet Socialist Republics? In the XXth century one spoke about the Soviet conception of international law, which was a complex phenomenon, having its roots in the Russian legal school, combining the multiculturalism of the Russian Empire and the Soviet state and causing the division of the world into two blocks : Western and Soviet. For over twenty years that the Soviet Union no longer exists and the former Soviet states became independent and sovereign actors in the international arena. Can we therefore speak today about the existence of national approaches to international law of each state of the former USSR ? The objective of this thesis is to present the current state of doctrine and practice of the post-Soviet international law, considering the renewal of approaches of foreign policies of the post-Soviet states, and doctrinal concepts of international legal scholars. Does the post-Soviet doctrine of international law exist ? The contemporary international law is faced with challenges such as regionalization, globalization and the establishment of the rule of law in international law. Faced with these challenges, the doctrine and practice post-Soviet international law have been renewed. What approaches the post-Soviet states adopt in response to the contemporary challenges of regionalization, globalization and the establishment of the rule of law in international law?
Heyraud, Yann. "Le droit non-étatique dans les rapports internationaux privés : contribution à l'étude des fonctions du droit international privé." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D009/document.
Full textThe production of non-state norms is growing in private international relations. The analysis of these norms in commercial and sporting activities is progressively building a unified definition of the notion of non-state norms: set of rules written and unilaterally drawn up by private and/or public actors, has intended to be applied with regard to the activity concerned, regardless of State borders. This proposal is put to the test of the various interactions maintained by non-state norms, in order to explain how these norms work. Arbitration attests to its receipt, the frequency of its application and even its promotion, up to the exclusion of imperative national rules. The French legal system, as a matter of principle, refuses to accept these non-state norms. Exceptionally, this principle is contradicted by the action of judges, legislators or bodies whose competence is recognized by the French legal system. At a -supra-state level, the Court of Justice directly controls non-state norms which may hamper the freedoms guaranteed by the European Union, including the free movement of workers. The European Court of Human Rights has the possibility of indirectly controlling non-state norms transposed by States, due to potential breach of individual freedoms, for example in the fight against doping. Moreover, Private International Law helps to explain the application of non-state norms, enhances their efficiency, and potentially and prospectively participates in the resolution of conflicts of norms produced by nonstate norms
Gstöhl, Caroline. "Geheimnisschutz im Verfahren der internationalen Rechtshilfe in Strafsachen /." Bern : Stämpfli, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3062777&prov=M&dok_var=1&dok_ext=htm.
Full textWitsø, Steinar Bukve. "International Networking Strategies in Academic Spin-off Companies : A study of international network building processes and the roles of the top management team and board in influencing internationalization speed and international network range." Thesis, Norges teknisk-naturvitenskapelige universitet, Institutt for industriell økonomi og teknologiledelse, 2014. http://urn.kb.se/resolve?urn=urn:nbn:no:ntnu:diva-26134.
Full textAlata, Ayham. "La codification du droit de la responsabilité des organisations internationales : étude des travaux de la Commission du droit international relatifs au projet d’articles sur la responsabilité des organisations internationales." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30078.
Full textThe international law has finally a set of rules on the responsibility of the international organizations for internationally wrongful acts. After 10 years of work, the International Law Commission was able in 2011 to elaborate a draft articles codifying the rules on the matter. However the task was difficult: subject these entities, whose nature and functioning is different from States to a single set of rules in the field of international responsibility. The purpose of this study focuses on the work of codification made by the Commission in the draft articles. This is specifically to analyze the techniques of codification used by the Commission in the elaboration of the applicable rules: is it a codification sticto sensu of the practice or a creation of new rules under the "progressive development" of the international law? The answer to this question presupposes to define the sources of codification in each of the provisions of the draft articles concerned, wondering if it embodies a well-established practice of international organizations, or rather a transposition of the rules of the draft articles on States responsibility, adapted to the features of international organizations. At present the authority of the draft articles does not seem to have unanimity, and in this context, the present study on the relation between codification and progressive development in the codification work of ILC can appreciate the substantial own authority of each provisions of the draft articles. Especially that no one knows if a codification convention will be adopted, which will set the provisions of the draft articles up as legally binding norms
Cube, Nicolai von. "Die internationale Zuständigkeit der englischen Zivilgerichte : im Spannungsverhältnis von Common Law und Europarecht /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/sbb-berlin/389589497.pdf.
Full textRocha, da Silva Alice. "L'articulation entre le droit de l'OMC et les accords commerciaux régionaux." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1054.
Full textSince the creation of article XXIV of the GATT, research and analysis related to the relationship between WTO law and Regional Trade Agreements (RTAs) have been based primarily on this article and the search for compatibility of RTAs with conditions and criteria proposed by the latter. Other provisions related to the same theme were created, such as Article V of the GATS and the Enabling Clause, that seek to cover trade in services in these agreements and look for the granting of preferences based on the level of development between WTO Members. However, over time, the application of these provisions and procedures for assessing the compatibility have not reached the desired effect by the negotiators of WTO rules. The RTAs continued to increase in parallel with the WTO system and complementary relationships, competition and conflicts have been established between them. The ineffectiveness to articulate RTAs with WTO law solely using the article XXIV of the GATT leads us to search for new legal tools to achieve this articulation. More particularly, these tools allow us to use the rules of public international law within certain limits and may be very useful for the articulation between RTAs and WTO law. This research of legal tools is divided in two phases: the first one analyzes normative tools for articulation and the second one analyzes the treatment of multiple fora. Some of the items to be discussed will be the limitation of standards in the WTO, the rules of interpretation of WTO law and the attractiveness of the DSB for resolving conflicts among Members of the Organization
Ndiaye, Yaram. "L'obligation de coopération dans le statut de Rome : analyse critique du respect des engagements internationaux devant la cour pénale internationale." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30063.
Full textFollowing the example of the jurisdictions which preceded her in the repression of the international crimes, the International Criminal Court needs the cooperation of States to exist. It is a condition of effectiveness of the action of the Court that is translated by the participation of States in the international criminal procedure and by the harmonization of the national legislations. But in spite of its assertion in the Status, States execute with difficulty the obligation of cooperation. These difficulties observe as long at the level of their participation in the procedure in front of the Court that in the exercise of the justice at the national level. Actually, for a respect for the international commitments in front of the Court, the institution has to surmount the obstacle of the national sovereignty. To reach the fixed objectives, she has to bring States to exceed the traditional criteria of skill in the penal domain and to keep silent about the resistances of states on the subject. It is only as such that she can be functional, by setting to States a more vast conception of the justice for which they made a commitment
Prodhomme-Sadowsky, Marilyne. "Droit OMC, droit communautaire et fiscalité directe." Paris 1, 2008. http://www.theses.fr/2008PA010309.
Full textKlykova, Ekaterina. "Security in International Relations: International cooperation to prevent non-states threats." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-197216.
Full textPineau, Carine. "Le procès équitable devant la Cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
Full textWhile the right to a fair trial should be at the heart of any democratic society, this requirement has an axiomatic significance in a court dedicated to the fight against impunity and the protection of human rights, such as the International Criminal Court. In view of the few judgments rendered in over ten years of this permanent Court's existence, this study might seem somewhat premature.Rather, this analysis purports to shed light on the diverse nature of the Court's activities and the unique character of its procedures. Enshrined by the European Court of Human Rights, the right to a fair trial is expressed in the form of regulations that govern not only the relationships between the parties, but also the interaction of individuals with the Court. The concept of the right to a fair trial may be familiar to legal experts trained in different legal traditions. Still its interpretation is fraught with challenges that are new and specific to this permanent Court. The structural and normative hybridity of the ICC will inevitably influence not only the treatment of this concept, but also the unique interpretation that this fundamental right deserves. Against the backdrop of the innovative nature of this Court, it would be remiss of the author of this thesis not to consider the right to a fair trial through the unique prism of the victim, the new face in the trial. Often excluded from the judicial debate on the fairness of the proceedings, this analysis will nevertheless endeavour to place this stakeholder back in the heart of the concerns over the conduct of a fair trial
Cary, Nailling. "Joining international financial institutions : a normative influence of international organizations as epistemic communities /." Full text available from ProQuest UM Digital Dissertations, 2008. http://0-proquest.umi.com.umiss.lib.olemiss.edu/pqdweb?index=0&did=1850519311&SrchMode=1&sid=1&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1279311958&clientId=22256.
Full textTypescript. Vita. Committee chair: Timothy Nordstrom Includes bibliographical references (leaves 176-187). Also available online via ProQuest to authorized users.
Grebenyuk, Iryna. "Pour une reconstruction de la justice pénale internationale : réflexions autour d'une complémentarité élargie." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D066.
Full textAccording to the traditional understanding of the principle of complementarity, the Rome Statute gives the ICC a purely auxiliary function: it should intervene only if the national judicial system, which enjoys jurisdictional priority to prosecute international crimes, has failed. The thesis draws away from this unsatisfactory reading. It suggests expanding the definition of complementarity to base it on the concept of interaction and partnership between the international and the national legal orders. In doing so the thesis calls for a new distribution of international criminal cases that would be both legitimate and effective. It would be the foundation to rebuild international criminal justice. To this end, at the international level, the author recommends to establish the selective primacy of the ICC to prosecute senior state leaders who conceived and directed the criminal plan, whereas new dynamics of complementarity are suggested to judge the other perpetrators. It would involve the State in the proceedings conducted by the ICC, by dividing the stages of the trial (dissociation of the investigation/prosecution or judgment/sentencing). At the national level, the author recommends to strengthen two joint approaches. On the one hand, the restoration of social peace should be strengthened through truth commissions inspired by the restorative justice theory. On the other hand, the diversity of the mechanisms to fight impunity such as expeditious procedures (guilty pleas, traditional practices) and the use of hybrid courts should be fostered