Dissertations / Theses on the topic 'Organisation mondiale du commerce'
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Postelnicu, Reynier Anamaria. "L' Organisation mondiale du commerce." Paris 1, 2009. http://www.theses.fr/2009PA010296.
Full textOuld, Mohamedou Khtour El Arby. "Organisation mondiale du commerce : enjeux et perspectives." Reims, 2002. http://www.theses.fr/2002REIMD003.
Full textThe General Agreement in Tariffs and Trade (GATT) has beyond all doubt contributed to the rise of the commercial exchanges. But it did not sucessed to control the transformation of these exchanges because it didn't possess the authority and the legal means required to constrain the contracting parties. This established fact dictated a new definition of the multilateral commercial system. On the 1st of january 1995, the World trade organization was created to be the genuine director of the multilateral rules to be applied to the exchanges. This new institution is, at the same time, in keeping with the continuation and the rupture of the 1947 General Agreement. Indeed, this creation constitutes a great change of the multilateral commercial cooperation history. But its success collides with huge obstacles : unilateralism, regionalism, emergence of new items, environment, social conditions, These considerations as a whole shows the weabness of the new issues (environment,) in forbidding certain unilateral practices and after all, in satisfying the demand of the civil society
Rey, Marie-Estelle. "L'organisation mondiale du commerce (omc)." Paris 5, 2000. http://www.theses.fr/2000PA05D011.
Full textSaedi, Bonab Behzad. "L' organisation mondiale du commerce et les accords commerciaux régionaux." Strasbourg, 2010. http://www.theses.fr/2010STRA4004.
Full textWTO, a worldwide organization founded on the principle of non-discrimination, recognizes for its members the opportunity to cnter into Regional Trade Agreements (RT As). However, the rise ofRT As in recent years has led to raise questions. Sorne arc institutional and focus on convergence or divergence that might exist between the rules in RTAs and those of the WTû. ûthers are economic-politics related and the impact ofRT As on the configuration and development of international trade itself. But, WTû alsa faces more legal problems relating to RT As. It is, in fact, interpretation and application of provisions relating to RT As, including those of Article XXIV of GATT. This study, by treating ail the dimensions mentioned above, focuses on legal aspects relating to RT As
MANQUAT, FREDERIC. "L'organisation mondiale du commerce et le commerce des textiles et des vêtements." Paris 13, 1999. http://www.theses.fr/1999PA131014.
Full textTomkiewicz, Vincent. "L' Organe d'appel de l'Organisation mondiale du commerce." Paris 1, 2004. http://www.theses.fr/2004PA010276.
Full textForina, Christine. "Les compétences de l'Organisation mondiale du commerce en matière d'investissements internationaux." Paris 1, 2003. http://www.theses.fr/2003PA010303.
Full textLuff, David. "Le droit de l'organisation mondiale du commerce : analyse critique /." Bruxelles : Bruylant [u.a.], 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/394214064.pdf.
Full textAkbarian, Reza. "Analyse théorique et appliquée de la spécialisation internationale et des politiques commerciales." Montpellier 1, 1999. http://www.theses.fr/1999MON10043.
Full textBoukongou, Jean Didier. "L'organisation mondiale du commerce et le dossier des textiles : contribution à l'étude juridique de la structuration du nouvel ordre commercial mondial." Paris 5, 1996. http://www.theses.fr/1996PA05D003.
Full textThe World Trade Organization (WTO) is administering the new world trading system. When the multifibre arrangement was created in 1974, it was intended as a transitional measure geared to facilitate the process of industrial adjustment which was required in industries of the industrialized countries in the face of rapid shift in comparative advantage in textiles and clothing production towards the developing countries. In 1986, when the Uruguay round was launched, ministerial declaration decided that negotiations on textiles case should aim to formulate modalities that would permit the eventual integration of this sector into the GATT, on the basis of strengthened GATT rules and disciplines. The legal problem in the minds of governments was that the managed textiles trade was gradually emerging as a model for managing trade in the other sectors. In first part, given the political, economic and social sensitives of the sector, the negotiations were able to arrive at the ambiguous compromise and were able to shape the new agreement on textiles and clothing. In second part, the textiles case, in the implementation of the final act of Marrakesh, introduce a soft consensus in this sector by the linkage between liberalization in textiles sector with trade policies founded on fair and free trade basis. The world trade organization, with the textiles case, must proves his capacity to regulate the multilateral and global trade relations
Richez-Baum, Béatrice. "La Politique de défense commerciale de la Communauté européenne dans le cadre de l'OMC." Lille 2, 1999. http://www.theses.fr/1999LIL20018.
Full textTne effects of the opening of the markets as a result of the uruguay round 1994 cannot be advantageous to the european community without an effective trade defense policy. The opening of the international commercial system does not depend only on the tariff reductions. Without denying their importance these can be called into question by practices which are unfair like the use of legitimate instruments for protectionnist purposes. The marrakech agreement creating the wto attempted to fix or improve the rules governing the protection of trade. How does the european community assess rules established in this matter? are the member states of the union ready to establish common interests and to defend them by suitable means against the others trade groups? by extending the liberalisation of trade to new fields, in particular services the wto has exacerbated the problem. In any event, the trade defense policy of the european community necessarily requires the creation of legal instruments which need to be consistent with its political objectives and the diplomatic constraints of its external action
Thiel, Meryl. "Les groupes d'Etats et l'Organisation Mondiale du Commerce." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0009.
Full textThe WTO, which is one of the most criticized international organizations in the world, is currently the focus of debates because of its liberalisms policies. As academics as lawyers wonder how the WTO philosophy can be linked to different forms of international economic governance. Indeed, the number of NGO has grown in the WTO negotiations. In the same time, the number of Regional Economic Integration and their participation to the WTO negotiations increased. As a consequence, interrogations concerning international economic governance rose. At the WTO, a kind of coalitions is particularly remarkable but rarely studied in law: State Coalitions, which are based on the respect and defence of Equity. Similarly, one of the goals of the WTO is to establish Equity in international economic relations. Thanks to constructivism, this thesis highlights the interaction between State coalitions and the WTO. The focus is to point up how important is the contribution of State coalitions to WTO law. As a consequence, this thesis will draw a new meaning of Equity and international economic governance
Devillier, Nathalie. "Les accords de l'Organisation Mondiale du Commerce et la santé." Nice, 2004. http://www.theses.fr/2004NICE0032.
Full textNowadays individuals worry about cancer, precautionary measures, G. M. O. S, A. I. D. S. , S. A. R. S. , terrorism, or access to health care services and essential medicines. The management of these problems by the authorities could be complicated by the liberalization of world trade through the W. T. O. 's agreements (G. A. T. T. , G. A. T. S. , A. S. P. S. , T. R. I. P. S. ). Can the W. T. O. Judges manage to reconcile trade and health and to build bridges between its legal order and International Health Law? The latter is conducive to the concept of "human solidarity" which is to health what sustainable development is to environment. It is based on the idea that health, as a public good, matters to everyone. The question is addressed from the angle of the States' fondamental responsibilities and whose sovereignty is more and more collectively exerted (W. H. O. , W. T. O. , Codex Alimentarius, U. N. )
Andrade, Carla Amaral de. "La technique interprétative de l'organe d'appel de l'organisation mondiale du commerce." Paris 1, 2010. http://www.theses.fr/2010PA010337.
Full textBae, Jaeng Saeng. "Le règlement des différends dans le cadre de l'organisation mondiale du commerce." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30007.
Full textA number of important reforms were introduced into the former GATT dispute settlement system as a result of the Uruguay round of multilateral trade negotiations. The dispute settlement system of the world trade organization is a central element in providing security and predictability to the multilateral trading system. This thesis examine the functioning of the dispute settlement system in the multilateral trading system. It covers essentially the period from 1 january 1995 to june 1998. Since the world trade organization agreement came into effect in january 1995, the number of dispute settlement cases has increased significantly compared with experience under the gatt 1947. After more than three and a half years' experience with the dispute settlement system of the world trade organization, it is still early to determine whether any major changes need to be made to the system. However, there are some areas where procedural improvements would benefit the functioning of the system
Abida, Montej. "Groupes de pression nationaux et négociations commerciales internationales : le rôle de l'O.M.C." Montpellier 1, 1999. http://www.theses.fr/1999MON10038.
Full textMetivier, Jeanne. "Différends Commerciaux au sein des Pays Membres de l’Organisation Mondiale du Commerce." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0165.
Full textThe objective of this dissertation is to explore how WTO members may respond to trade disputes. In chapter one, we empirically investigate whether the WTO DSS is beyond reach of developing countries. We find that while the structure of trade plays an important role in explaining the probability that a WTO member initiates a dispute at the WTO DSS, the legal capacity and the trade retaliatory capacity of a country also affects its participation in the DSS. In chapter two, we aim to determine the impact of smuggling on economic welfare. We build a partial equilibrium model of trade in which we introduce illegal trade and apply this model to the smuggling of avocado in Costa Rica. Our results show that smuggling improves welfare compared to the “no-smuggling” situation. Compared to the “free-trade” situation, smuggling does not always compensate for the negative effects arising from the restrictive trade measure. In chapter three, we use a general equilibrium model of trade to determine whether the United States may benefit from the threat and/or application of strict reciprocity against its main trading partners. We demonstrate that while the threat of retaliation through reciprocal taxes may generate a global gain, its effective application would reduce the United States and the world’s welfare
Pellegrino, Carole. "Les conditions juridiques de la libéralisation du commerce communautaire et international des services." Nice, 1995. http://www.theses.fr/1995NICE0043.
Full textSadok, Hocine. "Les apports juridiques de l'accord de Marrakech instituant l'Organisation mondiale du commerce." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30016.
Full textThe results contained in this research work allow us to apprehend the innovations of international trade that followed the signature, on the 15th of december 1994, of the Marrakech agreement which created the Word trade organisation. This thesis will start by establishing that the traditional domains apprehended by the GATT and by the agreements of the Tokyo round have been the subjects of reforms at two different levels : on one hand, at the level of the technical rules and regimes of commercial defence regarding third countries which have been updated and improved ; on the other hand, at the level of sectoral regulation by reintegration of the agricultural and textiles sectors of countries of temperate climate in the classical merchandise trade. The thesis will then tackle the question of the introduction of norms in the new domains of international trade apprehended by the negotiations : the trade in services, the rights of intellectual property associated to trade and the measures related to investment and associated trade. However, these are not the only innovations of the new world trade regulations. On one hand, the institutional framework of the world trade is deeply renewed. The increase of the "juridictionalisation" of the procedures for settlement of disagreements constitutes, in this respect, a decisive innovation for this institutionalisation. On the other hand, it cannot either be ignored that a certain number of questions which are essential for the pacific development of the future trade relations have been, to a great extent, taken into account at the Uruguay round. It is important not only to take into consideration particular subjects, such as regional economic cooperation or the relationship trade-environment, but also the partyicular statute of some states, namely those in transition and specially the developing countries
Farah, Paolo Davide. "L'intégration de la Chine dans l'Organisation mondiale du commerce." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32085.
Full textThis doctoral thesis will aim at addressing the following problematic issue: contemporary international trade law has been established on liberal (free trade) principles in order to allow the free movement of goods and services (WTO, GATT, GATS, etc.), without taking into account other countries internal cultural barriers (for example in China), or non-trade concerns (NTCs). How to overcome internal barriers? How to integrate non-trade concerns? China is part of the problem as well as part of the solution. On one hand frictions between global free-trade principles and local cultural habits are overwelhming present in China and continuously interfere with the requirements of trade regulation. On the other China’s involvement in green technology or renewable energies give more weigth to the necessity of extending the international trade framework to include non-trade concerns in its definition
Bouangui, Vincent Thierry. "La protection de l'environnement et l'Organisation Mondiale du Commerce : nature des rapports et perspectives d'harmonisation." Reims, 2001. http://www.theses.fr/2001REIMD001.
Full textPace, Virgile. "L'Organisation mondiale du commerce et le renforcement de la réglementation juridique des échanges commerciaux internationaux /." Paris ; Montréal (Québec) : l'Harmattan, 1999. http://catalogue.bnf.fr/ark:/12148/cb37098092m.
Full textRibeiro-Alves, Gleisse. "La libéralisation des services du commerce électronique dans l'Union Européenne et dans l'Organisation Mondiale du Commerce." Thesis, Nancy 2, 2011. http://www.theses.fr/2011NAN20014.
Full textThis study provides an analysis of the current state of liberalization of electronic services. It aims to answer the question on how instruments of services liberalization interact in regional and international levels and how this interaction permits the liberalization of electronic services. In order to understand the meaning of this question, it is necessary to analyze the process of integration and operation of the global market. This process, which results in the opening of national economies to a liberal market, increases the trade of goods, services, information, money and also human displacements. The achievement of this global market requires the elimination of measures or barriers that may limit free trade of goods and services. From a legal point of view, markets need to be regulated by a legal system that is uniform as to prevent trade barriers created by States. Thus, some countries are recognizing specific policies in order to regulate and even eliminate possible barriers to the trade of electronic services. The European Union - as a regional organization - and the World Trade Organization - as a multilateral organization - are two very important forums that develop policies and studies on liberalization. Therefore, in this thesis, the liberalization of electronic services will be analyzed by comparing these two organizations. The challenge of our study is to show the present situation of convergence and of divergences between the European Union and the World Trade Organization in what concerns the liberalization of electronic services. It will be presented the level of integration in the European Union where the European Court of Justice has a very important stimulating role and on the other hand, it will be presented how the World Trade Organization facilitates free competition in trade
Moutier-Lopet, Anaïs. "Les relations entre l’Organisation Mondiale du Commerce et les autres organisations internationales." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100140/document.
Full textIf the main functions of the WTO are to serve as a forum for trade negotiations and enforce multilateral trade rules that have been negotiated, an important aspect of the WTO’s mandate is to cooperate with the International Monetary Fund, the World Bank and other multilateral institutions to achieve greater coherence in global economic policy-making. The interconnectedness of the mandate of the WTO with other international organizations is much broader and permeates much of the agreements negotiated during the Uruguay Round. Globalization has made it even more necessary close cooperation between multilateral institutions. To implement this mandate on Coherence, the WTO has established a new framework for interinstitutional cooperation. And if the WTO is not intended to become the international organization of governance, it has managed to find its place in the archipelago of international governance in contributing to the improvement
Taverne, Philippe. "Les régions économiques spéciales chinoises à l'épreuve du droit OMC." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32011.
Full textConfrontation of WTO free trade rules with interventionist policies implemented within the Chinese special economic areas not only shows compliance issues and control issues of the regions and their special regimes in the field of economic law but also the boundaries of WTO rules which scope is rather delimited. If liberal measures are in line with the purpose of WTO, they shall however comply with its rules, in particular national treatment and most favoured nation treatment. At the same time, the various incentives in force such as income tax concessions for foreign invested enterprises are actually subsidies within the meaning of WTO rules but they are scarcely prohibited. Nevertheless, WTO rules entitle Members of the Organization to apply countervailing measures which may finally play down the benefits of such policies for enterprises that are export oriented
Laredj, Bassem. "La puissance étatique dans les relations commerciales internationales." Paris 13, 2013. http://www.theses.fr/2013PA131036.
Full textHaidara, Hamzata. "Rapports organisation mondiale du commerce/Organisation pour l'harmonisation en Afrique du droit des affaires. Contribution à l'étude du processus de mondialisation des rapports économiques et commerciaux." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20013/document.
Full textThe process of globalization has led to the emergence of new players' international organizations- giving thus a new configuration to the international relations. Globalization can be defined as a multidimensional process characterized by the interdependence in all the areas and leading to an increasing competition. It is the manifestation of international liberalism which is currently the dominant ideology. This process implies the existence of a world without borders which ends the myth of the territory as the main framework of international relations. State is no longer considered as the major player on its own territory. Rather, new policies that include non state players are needed. The WTO and the OHADA are two main players in this process at different levels: the first at the international level, the second at the regional level. Are these two organizations contradictory or complementary? In other words, do they interact? Is the principle of self-assertion of the superiority of traditional international or universal law applicable to them? Does the competition that may occur between them lead to a peaceful or a conflicting coexistence? These are the main issues that the present study will try to tackle
Tran, Thi Thu Phuong. "Les accords régionaux dans le système de l'Organisation mondiale du commerce." Paris 2, 2007. http://www.theses.fr/2007PA020007.
Full textGuèvremont, Véronique. "La prise en compte des préférences collectives dans le droit de l'Organisation mondiale du commerce." Paris 1, 2009. http://www.theses.fr/2009PA010282.
Full textChaisse, Julien. "Recherches sur les adaptations du droit communautaire au droit de l'organisation mondiale du commerce." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32005.
Full textThe World Trade Organisation (WTO) provides a legal framework within which Members undertake to implement laws and regulations regarding foreign trade in a wide range of sectors. The purpose of this study is to examine why and how WTO law is actually implemented and to what extent it has caused the adaptation of European Community (EC) law. The conformity of EC law to WTO law is compulsory for two reasons. Firstly, by declaring that, “each Member shall ensure the conformity of its law, regulations and administrative procedures with its obligations as provided in the annexed Agreements”, the Agreement establishing WTO affirms the obligation for all the Members to ensure such compliance. The legal consequences of this obligation are discussed with regard to the effective adaptation of EC law. Secondly, WTO has set up a new dispute settlement mechanism to monitor the compliance of domestic law with WTO regulations. The contribution of this mechanism in ensuring conformity to WTO rules has been assessed with reference to EC’s involvement in disputes. Besides, this study focus on the evolution of the common commercial policy which shows a strong and progressive increase in the EC competence, as well as simultaneously presumes an accepted erosion in the sovereignty of the European Union Member States sovereignty. Indirectly then, the WTO, in the light of the questions raised, is contributing to the EU structural evolution. On the theoretical side, this study identifies the characteristics peculiar to WTO that ensure the implementation of its law and oblige the EC to comply with international norms. On the practical side, it gives a presentation of the recent changes in EC law that are presently applicable and simultaneously assesses EC’s integration in international trade governance
Ghafele, Roya. "Globalisierung, frankophones Afrika und die WTO : eine historische Diskursanalyse /." Wien : WUV-Universitätsverlag, 2002. http://catalogue.bnf.fr/ark:/12148/cb38987831v.
Full textNgambi, Joseph. "La preuve dans le règlement des différends de l'Organisation Mondiale du Commerce." Paris 1, 2007. http://www.theses.fr/2007PA010288.
Full textKieffer, Bob. "L'Organisation mondiale du commerce et l'évolution du droit international public : regards croisés sur le droit et la gouvernance dans le contexte de la mondialisation." Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30012.
Full textFormerly centered on the State, international public law is gradually transforming into a common law of globalization. The WTO comes to hustle the configuration of the international institutional matrix, articulated around the United nations. Equipped with an unprecedented dispute settlement mechanism, it has the means to inflect the development of all branches of public international law. Does it contribute to the acceleration of international law's material and institutional fragmentations, or is it on the contrary the vector of a greater coherence? Will the WTO impose a commercial approach to global governance, allow us to seize the evolution of an international law oscillating between contradictions. The comprehension of the changes induced by globalization requires a holistic approach of law and governance. In such an endeavor, the WTO presents itself as an ideal benchmark
Nguyen, Thi Thuy Hang. "Liberté du commerce international des marchandises et mesures sanitaires et phytosanitaires." Montpellier 1, 2006. http://www.theses.fr/2006MON10017.
Full textSangare, Fassory. "Les conflits commerciaux et l'organisation mondiale du commerce : l'apport de l'analyse multi disciplinaires." Paris 13, 2011. http://www.theses.fr/2011PA131003.
Full textThe globalisation is based up on the development of world’s exchange, foreign direct investments, financial development and intensive utilisation from news technologies of information and communication. Nevertheless, it is provoking international trade conflicts: banana conflict, steal conflict, antidumping measures, subsides. This research uses many methodologies in order to know the origins of trade wars, then to discuss the judicial solutions chosen by World Trade Organization for toning down the rise of commercial conflicts. Games theory (prisoner’s dilemma) appears like an appropriate tool for explaining trade wars particularly when States use commercial strategic policy and protectionism’s measures. We also used an econometrics model (VAR MODEL) for an assessment: it reveals that trade wars infer negative impacts on United States economy. World Trade Organization disputes settlement mechanism is so efficient than the old GATT’s procedure. Equally, States must negotiate during the conflict in order to find a good agreement. This solution corresponds to Nash equilibrium. When the power of negotiation is the same, two big countries can take mutually retaliation measures before to conclude an agreement. But poor’s countries should build a coalition for defending their interests
Tseng, Yea Jen. "La règlementation andidumping de l'OMC." Paris 2, 2001. http://www.theses.fr/2001PA020021.
Full textDlimi, Dounya. "L’Agriculture des Pays en Développement face à l'Organisation Mondiale du Commerce." Paris 5, 2011. http://www.theses.fr/2011PA05D003.
Full textGlobalization has induced the liberalization of agricultural trading. Such liberalization has a mitigated impact on the economy of developing countries given the diversity of their level of development. Consequently, the agricultural negotiations taking place within the WTO raise a number of important issues. The main advantage sought by developing countries in entering the multilateral trade system lies within the creation of a fairer and less distorted farming market. The Agriculture Agreement produced by the Uruguay Round aims precisely towards this goal. But does this agreement provide the adequate legal frame for tackling the issue of development in emerging countries? The drafting of the Special and Differential Treatment Provisions created the path for the introduction of a legal principle consisting in granting a country rights and obligations in proportion with its level of development. The Doha negotiations launched in 2001 promoted this idea through the Doha Development Agenda. But the Agriculture Agreement, while aiming at the liberalization of world agricultural trade, favored the legalization of protectionism policies used by developed countries. As a result, multilateral negotiations are hardly evolving and are caught in a deadlock situation. They should initially have come into end in 2005, but their deadline have been postponed many times. Indeed, the agricultural issue constitutes their stumbling block. As a consequence, the WTO faces the difficulty to conciliate two aims that seem antagonistic: the liberalization of world trade and the economical development of developing countries. The different actors participating, under the aegis of the WTO, in the multilateral trade negotiation have divergent thinking. The more different their position are, the harder the task of the WTO is. It is however within this institutional frame that the reform in farming product trade should take place
Hellio, Hugues. "L'organisation mondiale du commerce et les normes relatives à l'environnement : recherches sur la technique de l'exception." Paris 2, 2005. http://www.theses.fr/2005PA020071.
Full textFontaine-Skronski, Kim. "Designs des accords internationaux : la flexibilité institutionnelle dans les négociations à l'Organisation mondiale du commerce (OMC)." Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28094.
Full textDoes institutional flexibility promote international cooperation? The concept of institutional flexibility is used to describe the features that make an international agreement more or less binding. This flexibility can take several forms, either as exceptions negotiated within binding agreements, flexibility in the interpretation of rules and commitments or special safeguard mechanisms. The dominant literature, reasoning in functionalist terms, sees the use of institutional flexibility as a way to expand international cooperation, thus making the international system more stable and contributing to the advancement of international law. However, some question if the use of institutional flexibility does not, at times, reduce the scope of cooperation, especially in an international system where many legal instruments interact. The dominant functionalist research program has focused on the “complimentary” interaction between binding and non-binding agreements. Soft law can be a complement to hard law when the purpose of a non-binding instrument is to lead to a harder legal agreement or when it is used to interpret commitments of binding instruments. Recent studies, however, have attempted to show that the interaction between binding and non-binding agreements can also be “confrontational”. Conflicting institutional interactions were observed when the standards which are carried by binding agreements are undermined by the principles underlying the non-binding instrument. This is especially true in an international context marked by the absence of a normative hierarchy for establishing what commitments take precedence over others. Institutional flexibility can therefore be called upon to play a role other than that of guide or precursor to hard law: sometimes it may undermine the effectiveness of more stringent rules. The academic debate on the complimentary or conflicting relationship between more or less binding agreements focuses on the interaction between treaties within an international regime. This thesis breaks new ground by seeking to see if the introduction of flexibility mechanisms during the renegotiation of an existing agreement can sometimes lead to a situation of intra-institutional conflictuality when new norms aim to change or reorient the legal provisions of the initial binding agreement. In the same way that an interaction may be conflictual between binding and non-binding agreements, could the introduction of flexibility mechanisms create a conflictual interaction between norms within the same agreement? A phenomenon we call “intra-institutional conflictual flexibility”. Understanding the causal mechanism behind this phenomenon allows us to explain why the use of institutional flexibility, supposed to promote cooperation, can in some cases lead to the failure of negotiations. I propose a distributive approach whereby the increased participation of the emerging countries on the international institutional stage modifies the balance of power and accentuates conflicts of interests. For the emerging economies who wish to modify terms of cooperation that were decided without them, the use of intra-institutional conflictual flexibility could offer a way to change the status quo at low cost, especially if they are limited in their ability of forum shopping because of the absence of other institutional options. For the traditional powers, likely to want to save the gains registered in a binding agreement, renegotiation becomes a site of potential conflict, which may explain in part the emergence of confrontational flexibility. The case of the negotiations on agriculture at the World Trade Organisation (WTO) allows us to analyze the phenomenon of intra-institutional conflictual flexibility. I demonstrate that the new flexibility mechanisms proposed by some States during the negotiations in July 2008 were intentionally used to undermine the effectiveness of two underlying principles of the WTO regime, namely national treatment and non-discrimination, hence contributing to the stalemate of the Doha Round negotiations.
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
Kumar, Mohan. "Negociating dynamics at the WTO : a state of disequilibrium ?" Paris, Institut d'études politiques, 2012. http://www.theses.fr/2012IEPP0072.
Full textThis dissertation is aimed at providing a broad overview of the negotiating dynamics at the WTO by looking, in particular, at the three Ministerial Conferences held in Marrakesh (1994), in Seattle (1999) and in Doha (2001). The author’s participation in these Conferences is used to explain the outcomes whether it is failure in Seattle or success at Marrakesh and Doha. The dissertation traces the background to the “mother of all Rounds” – the Uruguay Round and provides a detailed account of the negotiating path as well as the outcome which was, in the view of some developing and least-developed countries, both unfair and unbalanced. This led to “negotiating resentment” on the part of these countries. This was to have a lasting impact on subsequent negotiations at the WTO. Between the successful conclusion of the Uruguay Round and the ill-fated Seattle Ministerial Conference, the developed countries could have taken confidence building measures vis-à-vis developing and least-developed countries. Instead, they relentlessly pursued their agenda of a “Comprehensive Round”. Lack of consensus combined with numerous other factors ensured the collapse of negotiations at Seattle. Even weeks before the Doha Ministerial Conference, there was no consensus on the launch of a Round. But this changed because of the 9/11 events and the commitment to adopt a “development agenda”. The dissertation argues that the Doha Round is floundering precisely because of a departure from the above commitment. It concludes that negotiations in the WTO are in a state of disequilibirium which is unsustainable in the long run
Mouhot, Eric. "De l'adaptation dynamique du concept de juridiction : étude rapportée à une organisation internationale atypique, l'Organisation Mondiale du Commerce (OMC)." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA028.
Full textSuch a study would not have been possible straight after the conclusion of the Agreement of Marrakesh, further to the first analyses. Analyses which it was advisable to take into account with hindsight, the wealth of the substratum should be noticed. As for the choice of the organization, it is dictated by a report stating that the World Trade Organization which is also in the pro cess of being transferred participates in the reorganization of the world economic order. In order for this participation of the WTO ( .. ) to contribute to the global balance of the system, it is necessary to propose working tracks to the representatives of the States, to the negotiators, to the various groups involved in this progressive process. Proposing means of reforms centred only on WTO, excessive reduction and not taking into account the dimension of the international sphere. The plan and the progress of the thesis were dictated by these unavoidable specifications. As inevitable as the report which was used as a basis of the first part, the jurisdictional model is accessible but not reached by the WTO ( .. ). Two out of these elements, the existence of a dispute and the application of law do not pose problems when they are subjected to the matrix of dispute settlement of the WTO ( .. ). But the compulsory character of the recommendations poses the problem of the compatibility with the formaI and organiccriteria of the jurisdictional model. The atypism of the WTO ( .. ) is illustrated by the functional splitting in which the General-Organ Council of Dispute settlement is engaged. The 'jurisdictionnalisation" of the treatment of the trade disagreements can be envisaged via the configuration of new cooperative plans, including ramifications outside the William Rappard Center. The conclusion of the thesis, while synthesizing the causes of the invalidation of the jurisdictional qualifier for the WTO ( .. ), justifies means of prospection allowing the emergence of an international commercial jurisdiction between States
Duthu-Calvez, Vanessa. "Les avatars de la "clause sociale" dans les règles du commerce international : aspects juridiques." Nantes, 2010. http://www.theses.fr/2010NANT4008.
Full textYet, the lack of multilateral trade regulations regarding the protection of workers' rights brings a normative creation from state and non-state participants. Indeed, in a conventional context (both bilateral and regional trade agreements) or unilateral (the generalized system of preferences) some states combine trade with the respect for work standards. In addition, what is new is the emergence of private standards (codes of conduct) in companies and in nongovernmental organizations (fair trade projects) which aim to protect some workers' rights. The failure to add a "social clause" to the Agreements of the World Trade Organization when it was created in 1994 as well as the wide variety of those "social clauses" led to the adoption, during the 1998 and the 2008 International Work Conferences, of two promotional normative instruments which reminded governments to respect fundamental principles and rights at work. The respect for this base of universal rights seems to be the result of the state' s intervention and cooperation with the International Labour Organization. The implementation of various "social clauses" is the result of binding and incentive legal mechanisms as well as the role of state and non-state participants. What is really at stake here is the protection of workers' fondamental rights by the new international economic order
Moreau, Aurélie. "Le procès dans l'Organisation mondiale du commerce : étude de l'incidence des questions procédurales sur l'effectivité du droit." Versailles-St Quentin en Yvelines, 2007. http://www.theses.fr/2007VERS002S.
Full textIn an economic international organization, the efficiency of a dispute settlement system is generally associated to minimal formalism. Considering the multiplication of procedural issues that characterizes the current dispute settlement system of the WTO, the paradoxe is actually only apparent due to the concept of trial. The procedural practice points out the core role of the judge in the dispute settlement process. This evolution integrates the commercial system of the WTO within the sphere of judicial international law. It results in a global reinforcement of the procedural component of the dispute. Nevertheless, this reinforcement does not affect the margin of appreciation of the Member States of the WTO, which is preserved by the principle of mixity that underlines the system. The processual regulation of an exclusive and binding dispute settlement system, offers an original field of study about the incidence of procedure regarding the effectivity of law
Sato, Yae. "L' encadrement juridique de la mise en conformité dans le règlement des différends de l'OMC." Paris 1, 2007. http://www.theses.fr/2007PA010320.
Full textBelaiche, Raphael. "Le nouveau droit des relations commerciales multilatérales : l'OMC et l'immatériel." Montpellier 1, 2000. http://www.theses.fr/2000MON10006.
Full textGarcia, Rubio Mariano. "On the application of customary rules of state responsibility by the WTO dispute settlement organs : a general international law perspective /." Genève : Institut universitaire de hautes études internationales, 2001. http://catalogue.bnf.fr/ark:/12148/cb377248004.
Full textLegendre, Frédéric. "À l'impossible nul n'est tenu : dans quelle mesure le Comité du commerce et de l'environnement a-t-il aidé l'Organisation mondiale du commerce à concilier commerce et environnement?" Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27712/27712.pdf.
Full textVarella, Marcelo Dias. "L' inégalité Nord-Sud et la construction juridique du "développement durable" dans le droit international." Paris 1, 2002. http://www.theses.fr/2002PA010274.
Full textRooke, Hagen Henry. "L' autoprotection et le droit de l'O. M. C. : réflexions sur les implications juridiques des comportements unilatéraux des membres de l'Organisation mondiale du commerce." Paris 1, 2007. http://www.theses.fr/2007PA010313.
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