Dissertations / Theses on the topic 'Organisation Maritime Internationale (OMI)'
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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
Querel, Morgane. "Les enjeux de la transition écologique dans le transport maritime." Electronic Thesis or Diss., Nantes Université, 2024. http://www.theses.fr/2024NANU3009.
Full textShipping has a vital role in the functioning of modern societies, having both economic and social functions that extend far beyond the ships themselves. Various terrestrial sectors, essential for ship construction, ship operation, and ship breaking, are involved in this activity. These factors collectively underscore the global significance of shipping. As awareness grows regarding the environmental impact of human activities, shipping has come under scrutiny for the marine and atmospheric pollution it generates. Consequently, there is a need to work on the transition of this industry. However, such a transition implies various challenges, including technical and economic barriers, alongside the imperative to maintain the integrity of the global maritime transport market. These elements complicate efforts to mitigate ship-generated pollution. In this context, maritime law assumes a crucial role. Primarily formulated at the international level, maritime law aims to incentivize or mandate industry stakeholders to reduce their environmental footprint. The International Maritime Organization (IMO) predominantly produces this body of law, with a focus on vessel-related regulations. Maritime law construction must account for the diverse challenges associated with this multifaceted activity. Yet, the examination of existing regulations brings to light certain gaps that hinder the ecological transition of maritime transport. Conversely, some regulations have proven effective in addressing pollution issues. Through a comprehensive analysis of all these regulations, supplemented by regional or national cases, it becomes evident what elements are necessary to craft effective and efficient legislation, and identify pathways for enhancing international maritime law
Gasmi, Mohamed-Hédi. "L'action normative de l'organisation maritime internationale (O. M. I. )." Paris 1, 1995. http://www.theses.fr/1995PA010261.
Full textToday, normative action of international maritime organization (I. M. O. ) can be interstood through an extended conception of the global process. This process includes graduelly three stades : the stade of conception, the stade of realization, the stade of execution. At the level of conception, I. M. Om has modified its structures and affirmed its cometences so that it can be adapted to new international situations. At the level of realization, I. M. O. Elabores, revises I. M. O. International conventions and cooperates with other international organizations. At the level of the execution, I. M. O. Practices a normative technique an enforces its regional cooperation to facilitate the application of the I. M. O conventions
Kbaier, Rouchdy. "L'elaboration des conventions sous les auspices de l'omi. Analyse methodologique." Rennes 1, 1987. http://www.theses.fr/1987REN11031.
Full textChapter i examines the role which imo, as a specialized un agency, plays in in elaborating rules of the law of the sea and maritime law. This chapter attemts to show that institutional changes in imo served a double purpose : to legitimize new function and competence of the organization and to develop global rules. Chapter ii deals with mechanisms for elaborating conventions under auspices of imo. It explains interaction between various imo constituent committees. Division of work in dealing with different phases in elaborating conventions has been adopted within the organization. Chapter iii analyses normative value of legal instruments adopted under the auspices of imo. Two aspects are examined : first, instrinsic value of legal norms relating to the law of the sea and maritime law adopted under auspices of imo; secondly, value of imo norms by comparison with complementing and overlapping rules where relationship between imo conventions and the new conventions, as well as additional sectoral rules (e. G. Liability and compensation for pollution damage), is examined
Trigeaud, Béatrice. "Les règles techniques dérivées de l'Organisation de l'aviation civile internationale et de l'Organisation maritime internationale." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020048/document.
Full textIn order to regulate the international civil navigation (air and maritime), the States have chosen to act through two specialized United Nations agencies. Hence they confered the International Civil Aviaton Organization (ICAO) and the International Maritime Organization (IMO) the power to oversee the elaboration of technical rules relevant to this field. In general, the rules adopted by these organizations require various forms of States acceptance to be effective (i.e. express or implied, collective or individual forms). Their implementation depends on unilateral acts of States, that can sometimes act sometimes collectively. And the States are often amicably controlled by the ICAO or the IMO. Behind the apparent clarity, lay some gray areas. Beyond the situation of third and private individuals, and the relationship between international order and national legal systems, one can wonder about the nature of these normative institutions. These could be perceived as normative authorities acting on the basis of an established power. However, this interpretation would ignore the incessant game of States’ will. Whenever the will of the States stretches the power of the institution, the irreducible constituent and contractual freedom of the States appears. The degree of centralization of these systems would be blurred by the observation that their effectiveness depends on the willingness itself of their subjects, which is more or less held by technical necessities, and that would not be without practical consequences
Bethenod, Johannes. "Le droit portuaire, instrument de régulation de la compétitivité et de la protection de l'ordre public." Nice, 2005. http://www.theses.fr/2005NICE0040.
Full textRegarding the essential role of the seaports in the history as in the contemporary exchanges, their operation is studied here under the legal angle. This transverse approach makes it possible to underline the double logic of the ports: that of the market and competitiveness, that of the general interest and the law and order. The research of optimal economic efficiency and the application of the safety and safety requirements are not systematically in opposition and are not either naturally in harmony. The necessary complementarity of these two approaches implies a "renewed" intervention of the authorities for a legal regulation which ensures the conciliation between the general interest and the interest of the market. The harbour fee is the instrument of this conciliation. The seaports still suffer from a lack of effectiveness and thus of attractivity. The present analysis proposes to study the installation of a legal strategy which answers the need for the reinforcement of the competitiveness of the seaports. This "competitive regulation" must in parallel integrate a new dimension of the protection of law and order whose legal components diversified
Mpei, A. Fikong Harrel. "L’incidence de l’action de l’Union européenne sur l’Organisation maritime internationale : l'exemple de la pollution atmosphérique." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. http://www.theses.fr/2024ULILD004.
Full textThis work aims to analyse the relationship between the European Union and the International Maritime Organization in the field of air pollution. The approach adopted is intended to be global in order to better understand the impact of the EU's action on the IMO. Although the relationship between the two organizations is often seen as one of confrontation, it is in fact one of complementarity. In this sense, the European Union's action aims above all to make an effective contribution to the IMO's standard-setting strategy. The repercussions of the regional organization's initiatives at institutional level highlight the limits of the United Nations specialised agency's strategy. Improving the legal framework for air pollution therefore requires a structural and functional overhaul. All of which would make it possible to guarantee an inclusive approach to standard-setting necessary for the proper application of legal rules
Gnoan, Ambroise Kablan Amon. "La sécurité maritime dans les États de l'Afrique de l'Ouest et du Centre." Lille 2, 2009. http://www.theses.fr/2009LIL20007.
Full textMaritime transport, compelling factor of economic development, may also lead to important navigation and the pollution of the maritime environment secutity risks. Such risks can be caused by the significant increase of vessels under standard in developing countries are more likely to hold. Among them there are Western and Central African States. They have legislation for maritime transport, but the texts are modeled on those dating from the colonial era. They are the therefore either inadequate or insufficient to ensure maritime safety. In addition, rare are the IMO conventions that they have ratified. Furthermore, faced with the phenomenon of globalisation, taken separately, West abd Central African States regulations are less effective. Aware of this situation, these States have created the Maritime Organization of Africa West and Central concerned to provide a flat form of cooperation in the field of maritime transport and multimodal transport system to establish a regional maritime transport integration policy States. But these efforts are mainly concentred on the economic aspect of the maritime sector ; maritime safety and pollution prevention have been neglected even though they are issues of vital importance to the International Maritime Organization. This must go through a harmonisation of the rules, in the sub region and the ratification of the IMO conventions
Amouri, Badreddine. "L'action directe contre les clubs de protection et d'indemnité." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1054.
Full textDirect action against the P & I clubs is one of the main issues of maritime international disputes. Indeed, protection and indemnity clubs, which provides to shipowners "Indemnity" policies, requires a club member to discharge his liabilities to the injured third party before he can be indemnified by the P&I club. It results from a clause contained in the rules called "pay to be paid". Therefore, if the member cannot compensate the third party as result of insolvency, the english law does not allow the victim to bring proceedings against these institutions. Indeed, the third parties act against insurers 2010 transfers to the victim the rights of the insolvent insured against the insurer. At the same time, and regarding the legislation of England, the club is entitled to rely on the “pay to be paid” rule against the third party, which will defeat finally the claim. However, it is well known that some international conventions regarding the liability of the shipowner are conferring direct right of action against the P&I clubs. The International maritime organization does not allow these institutions, for some damages, to rely on the "pay to be paid" clause. From "indemnity insurers", the P&I club become "liability insures". Besides these conventions, this thesis will analyze the function of the direct action against P&I clubs in maritime disputes, and the legal solution which will allow any third party to sue directly the P&I clubs for the other damages
ZEH, ONDOUA JEAN. "Les pays du tiers monde et la reglementation internationale des transports maritimes entre etats. De l'omi a l'omc : contribution a l'etude de l'evolution du processus de l'elaboration des normes internationales." Lille 2, 1997. http://www.theses.fr/1997LIL20007.
Full textThe conflict between the development disparities of states and the uniformity of international law which governs their mutual links is at the origins of the claims of the third world countries in matter of maritime transport. Voiced at the imo confrence since 1948, these claims aimed at two objectives. On the one hand, they longed for an international community of which all the members would be international law architects for maritime and economic navigation. On the other, they desired the working out of a regulation likey to meet the concerns of all the countries and promote their equitable participation in maritime and economic traffic. Our study thoroughly schemes through the main features of talks between states in view of reaching these aims which cannot be dissociated from the general progress of developing countries. The first part of this study describes the principles that have presided over the traditional organisation of maritime transport and expounds the broad lines of the negotiations progress in this sector. It also examines the internationally normative results brought about by the negotiations. The second part is dedicated to the limitations of means for maritime projection by third world countries. Given the very liberal orientation of its globalisation, the second part also deals with the conditions on which depends the improvement of merchant ships of the majority of them, particularly those for the ministerial conference of west and central african states on maritime transport
Citores, Antidia. "La contribution des parties prenantes à l'intégration de normes environnementales en droit maritime." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1105/document.
Full textSea transport has seen strong growth over the past 30 years, which impacts on the marine environment, an environment sensitive to pollution. Maritime law generally adheres to a wait-and-see approach, developed as a reaction to successive environmental disasters, and arising from a much-needed reconciliation of shipowners' economic interests and the pressing nature of environmental issues. The States' decision making process is strongly influenced by the economic importance of sea transport who, in their triple function of coastal State, port State and/or flag State are often driven to make legislations of convenience in tax, economic, social and environmental matters. Measures could be proposed to develop laws in order to establish a balance within the IMO, and restore a transparent and genuine link between States, fleets and shipowners. In fact, modern maritime law allows room, in particular through lobbying tools, for other parties who intervene on the enactment and implementation of the law ruled by governance procedures. This widening of the normative process and avenues for sanction/redress to all stakeholders could ensure a better integration of environmental standards in maritime law. If the dialogue with local authorities is complicated by their status, at the same time victims, actors and obstruction of rights, the development of NGOs, currently limited in the international jurisdictional framework, would guarantee these objectives are achieved, including a better effectiveness of the law. The experience gained in the field of a CIFRE thesis, within the legal department of Surfrider Foundation Europe illustrates and establishes these avenues of improvement
Dufraisse-Charmillon, Chloé. "La réécriture du droit social maritime au sein du code des transports." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1044.
Full textThe transport code now hosts social maritime law rules. The government was empowered to proceed, in 2010, to a recodification on the basis of established law of its disparate provisions, including those contained in both the labour code and the maritime labour code. Although this operation was to take place without changing the rule of law, a certain instability became obvious. The subject matter's structure was dramatically altered. It reveals an ambivalence : the transport code is exhibited as an instrument of social progress, yet it may also become a deregulation tool. To compound matters, its regulatory aspect remains very incomplete. The articulation of the new code with the labour code is equally perplexing, most notably with regard to the relationship between common law and special law. This rewriting has, in addition, undergone the influence of international law. The integration of the International labour organization's maritime labour convention made it possible to reaffirm the foundational guidelines of this topic as well as the specificity of laws applicable to seafarers. Moreover, these normative dynamics have paradoxical effects. In fact, international law contributes alternately to the destruction and reconstruction of national rights. Thus, the rewriting of the topic within the transport code could be the harbinger of an alignment of maritime social legal foundations with international standards, which, when compared with french law, are not necessarily more protective. This legal evolution reflects is due to a ruthless international competition that enables social dumping conditions
Butaeye, Étienne. "La maîtrise des compétences de l'équipage du navire marchand pour la prévention des dommages : une prérogative de l'armateur." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0169/document.
Full textThe complexity of operating a vessel requires that crew members have in depth knowledge in a wide variety of areas. The International maritime training that has been standardized by the STCW convention is one of the elements that helps to guarantee their ability to make the maritime expedition a success. But it is not enough. The shipowner is the key actor in this area. His personal investment to maintain and develop technical knowledge, to supervise vessel operation and to implement an appropriate human factor strategy, is crucial for controlling the competencies of his crew to prevent potential damages that could result from human errors. It is very interesting to see that maritime law considers this investment in determining the civil liability regime to which shipowners will be subject for the damages caused by negligence of his crew. His involvement in implementing efficient human strategies will allow him to benefit from wide exemptions or limitation of liability. The very protective civil liability regime he enjoys will nevertheless be lifted, at least partially, for his own omissions that contribute to the damage. Maritime law therefore encourages, in a certain way, shipowners to get involved in vessel crewing. The reality is actually more nuanced because the difficulties to lift this specific regime are various. The protections that are granted to a shipowner will then appear to be a demobilizing factor in controlling the human element, which is essential for maritime safety
Percher, Camille. "Le concept de travail décent à l'épreuve du droit de l'Union européenne." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE2110.
Full textThe concept of decent work has been presented by the Director-General of the International Labour Office, in 1999, as an International Labour Organisation’s priority objective enabling every woman and man to exercise an activity in conditions of freedom, equity, security and dignity. This concept brings together four independent pillars that are employment, social protection, social dialogue, respecting, promoting and realizing the fundamental principles and rights at work. In a new way, the ILO imposes a framework of action for all Member States. Depending on the socio-economic conditions in each Member State, the concept of decent work is likely to be defined locally while having a universal outline. The translation of the concept is facilitated through Decent Work Country Programs (DWCPs) under ILO technical cooperation, and indicators measuring decent work. The concept of decent work therefore appears as an objectif of universal scope and not as a legal norm. If ILO’s technical cooperation facilitates the achievement of decent work, its normative action is also essential. Normative action must also be directed towards the concept of decent work, as reflected in the Maritime Labour Convention adopted, in 2006, by the International Labour Conference and in the Convention n° 189 concerning decent work for domestic workers adopted in 2011. The concept of decent work, seen as a political slogan to give visibility to the ILO, weakened by the contexte of globalization, was criticized for its minimalist nature and ignored within the European Union. The confrontation between the concept of decent work and the law of the European Union reveals a paradox between the increase in indecent living and working conditions in favor of a strengthening of labor market law and market law and the commitment of all EU member states to be linked to the ILO Declaration of 1998. Yet, the current economic and social situation in the European Union raises the question of the need and possibility of integrating the concept of decent work, which reveals a particular approach to work, in European Union law. Reflection on humane conditions of labour centered on the values of social justice and human dignity makes sense in the current context of economic governance in the European Union and the austerity measures considering the work from the perspective of the market and trade. Social justice in the sense given to it by the Declaration of Philadelphia of 1944 and then the concept of decent work, that is to say the principle of action, is today indispensable for the protection of people and the environment. The current situation in the EU is therefore an issue for the ILO in its own ability to impose the translation of the concept of decent work into European social law and for the EU itself. The concept of decent work proposes solutions for normative action and thus it implies requirements for the legislator and the judge of the EU. Like the ILO, the EU must direct its normative action towards the concept of decent work to strengthen the place of fundamental social rights in the face of economic freedoms. This new approach requires the EU to build on ILO’ instruments, in particular on its conventions and declarations and on technical cooperation taking into account its specificities
Bai, Song. "L'unification des régimes de responsabilité civile en matière de pollution marine." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1049.
Full textSince the Torrey Canyon oil spill, the International Maritime Organization began drafting three international conventions (CLC, HNS and bunker oil conventions) to establish civil liability for compensation for ship-source pollution damages. Claims for compensation for pollution damages (including clean-up costs) may be brought against the owner of ships which caused the damages or directly against the owner's insurer. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. Furthermore, the IOPC funds which was set up in 1992 under the IOPC convention 1992 is able to compensate the victims when compensation under the CLC 1992 is not available or not adequate. But do these international regimes work well ? And are there conflicts between the International conventions ? Certainly, the most of loss resulting from oil spills from sea can be compensated by the CLC/ IOPC system. But the compensation under CLC/IOPC is not able to be enough for the major pollution events. If the CLC, HNS and bunker oil Conventions don't set up the same scopes, these International Conventions might be in conflict in case of transportation of dangerous goods or hazardous goods by sea, because the spill of the bunker oil and the hazardous goods would cause a major marine pollution. This paper gives an overview of international liability and compensation regime, and tries to give a proposal to resolve the conflicts between the international conventions