Dissertations / Theses on the topic 'Organisations internationales – Statut juridique'
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Cadet, Hélène. "Le statut juridique de l'Organisation pour la sécurité et la coopération en Europe." Paris 1, 2012. http://www.theses.fr/2012PA010277.
Full textTouré, Habib Badjinri. "Le retrait des États membres des organisations internationales." Electronic Thesis or Diss., Aix-Marseille, 2022. http://theses.univ-amu.fr.lama.univ-amu.fr/220708_TOURE_260opryg869i89wvqno178ye_TH.pdf.
Full textThe specificity of the constituent instruments of International organizations lies in the fact that they are constitutions for the latter, whereas they are treaties for the member States. It thus remains for the States an instrument of International cooperation. At the same time, it is the basis of the organization's legal existence from which its International legal personality derives. Despite this specificity, States do not lose their right of withdrawal under International law. Moreover, they do not hesitate to threaten to use this right in the event of opposition between their will and that of the organization. Thus, while withdrawal is the legal act by which a State ends its participation, its exercise raises questions about the relationship that the organization maintains with its member States. However, the exercise of this right is subject to several conditions that help to limit the unilateral action of States on the one hand and to protect the integrity of the organization on the other. These rules are essentially inspired by those governing the denunciation of treaties. However, the specificity of the founding act requires a particular adaptation in view of the issues raised by the question of withdrawal from an International organization
Lakrouf, Slimane. "Contribution a l'etude du statut juridique differencie des pays moins avances dans la cooperation nord sud et sud-sud." Lille 2, 1987. http://www.theses.fr/1987LIL20006.
Full textA first list of countries considered as the least developped among developing countries has has bean identified in 1971. This iniative was the result of a process undertaken by u. N. C. T. A. D united nations general assembly and various experts groups. The specificity of theses states which form a separate category of developing countries can be understood only in reference to walter rostow's theory. United nations general assembly and u. N. C. T. A. D. Recommended in their resolutions to offer a special treatment to the poorest. In september 1981, the international community adopted a new substantial programm of action in favour of the least developped countries. This programm lays down orientations, means of action and even a genvine process of control
Ouedraogo, Bawindsomde Patrick. "Le statut juridique du fonctionnaire international sous l'angle des fonctionnaires de l'Organisation des Nations Unies et des fonctionnaires des Comunautés européeenes : contribution à l'actualité de la notion de "fonctionnaire international"." Thesis, Brest, 2012. http://www.theses.fr/2012BRES0016/document.
Full textCreated after the european revolutionary wars and reinforced in the run up of the contemporary international relations, the international civil servant more than a concept, testifies of dynamics that generated and which characterizes interstates relations. International civil servants are defined through new types of organizations they embody and through which they achieve their purposes. The different arenas in which they interact (economics, consultancies, studies, diplomacy, politics, and field actions) underline their function. They therefore represent both the agents of international organizations known as "traditional" (League of Nations, United Nations Organization, North Atlantic Treaty Organization, African Union, Council of Europe) as well as those of the “specific" ones (European Union, Economic Community of West African States, Andean Community of Nations, Common Market of Southern Cone). From this situation a single concept for the international civil servant as emerged through the systemization of several authors. It could not be any other way, because of the similarities in the legal status (relating to recruitment rules, functional privileges and immunities, acquired rights) of those considered as the pillars of the organizations, in particular between the European Union and the United Nations Organization’s agents. However, despite this first conclusion, the present study obviously shows through a comparative analysis that a single (common) concept of the international civil servant is not appropriated for the agents we considere as archetypes of two types of organizations driven by purposes that are complementary but different for more than one reason. For those purposes, the study of the institutional insertion of the civil servants and the loyalty that derives from it definitely eliminates the theory of a single concept for civil servants through the institution of an extrastate civil servant, a concept meant to unify these special rulers’ agents
Yahiaoui, Nadjia. "Le statut juridique de l'olp." Clermont-Ferrand 1, 1986. http://www.theses.fr/1986CLF10015.
Full textThe subject of our research is the juridical statu of the palestinian liberation mouvement (plo). According to its political programme, its aims, the plo can be classified among the national liberation mouvements. We have studied first the sta tus of the palestinian people and of the plo in the eyes of international law. We thought it was necessary tho draw up an historial recall of the palestinian question at the uno (1947-1969). As wellas the plo status in the previous aspects. In order to justify the existence of the plo as a mln. We've of independence to the colonial people to the palestinian case and the specific features of the zionist colonisation on these grounds, we have explained wy the plo's struggle takes place in exile and atthis point, we've evoked the concflicts of soveraignty wich opposed the plo to the welcomingstates. Our research dealt in the second part with the basis and the juridical nature of the plo recognition. We sought to analyse the grounds of representativeness based upon the legitimary of its action and upon its specific effectivity. So the plo contributed to the enlargment of the place previously given to the mln. The plo indeed was granted a unique and priviledge status inside the international organisations (uno, usesco, security council, league of the arab states). We have then showed that it was areal status, and we have studied what was it's strength against the status which are hostile to the plo (usa, israel, the eec countries), in our conclusion we have tried to find out wether the nlm status has provoked the creation of a new international law, wether its status has got ajuridical future
Leroux, Nicolas. "La condition juridique des organisations non-gouvernementales internationales." Paris 2, 2007. http://www.theses.fr/2007PA020096.
Full textSomé, Marcelin. "Le statut juridique de l'Organisation Internationale de la Francophonie." Lyon 3, 2008. http://www.theses.fr/2008LYO33006.
Full textThe problem on the reality or the fiction of the moral personality, very former, was cut cut in favour of a fiction of the legal personality of the international organizations: the legal personality of an international organization is based, exclusively, by a legal act having value of treaty strictly speaking. The international organization of the Francophonie appears in subject derived of the international law. However, his process of creation deviated from classic standards without being innovative or more effective retruning, on the contrary, the determination of his uncertain legal personnality. Indeed, his creation, or more exactly the appearance of the naming in preceded an officilization, by a document (Charter of the Francophonie adopted in Antananarivo on november 23rd, 2005) the binding character of wich is debatable, and who cannot be perceived as a real constituent treaty of an international organization. Nevertheless, the international organization of Francophonie presents al1 the caracteristics of the international organizations created according to a classic conventional procedure. From then on, the unsatisfactory result of the legal fiction entails an appeal to the concrete reality, notably to the characteristics and to the objective functions which realize it. It is in this way that the law will seize effectively the legal status of the international organization of the Francophonie according to a teleologique interpretation of the objective characteristics, established by the International Court of justice to determine the international legal personality of the UNO
Dovonon, Valentin. "Les normes de l'O. I. T et le statut juridique des travailleurs étrangers." Dijon, 1985. http://www.theses.fr/1985DIJOD001.
Full textAyyad, Wasfi. "Les immunités diplomatiques en droit pénal." Thesis, Reims, 2014. http://www.theses.fr/2014REIMD002/document.
Full textThis dissertation studies the immunities of diplomats and representatives of foreign authorities in criminal law . The dissertation is divided in to tow parts :The first part is devoted to legal environment of immunity .That was exposed in succession :the foundations ,the legal nature ,sources and attributes of immunities .The second part discusses the legal system of immunity .Are discussed :the substantial and procedural regime of immunity .This work shows the diversity of analysis around the concept of diplomats ,consular, and representatives of foreign states and demonstrates the need to reconcile ,on the one hand ,the protection afforded by theses immunities and on the other hand ,the fundamental rights of the victim of an act covered by immunity
Mayer-Robitaille, Laurence. "Le statut juridique des biens et services culturels dans les accords commerciaux internationaux." Toulouse 1, 2002. http://www.theses.fr/2002TOU10068.
Full textAs of the beginning of the 80s, the way to consider cultural goods and services in international commercial agreements has been widely and harshly negociated and debated. Until now, international commercial agreements have bestowed two different status to cultural goods and services. These are either considered as commercial products- and therefore covered by commercial agreements- or seen as carrier of cultural values and then excluded of the scope of those agreements. Those visions both deny the real nature of cultural goods and services as they express at a time only one of two essential aspects of cultural goods and services, the commercial or the cultural one. To deal fairly and clearly with cultural goods and services in international commercial agreements, the two-face nature of those products must be recognised
Pigny, Philippe. "La divisibilité de la personnalité juridique des organisations internationales : contribution à l'étude de la personnalité morale des organisations internationales du système des Nations Unies." Paris 1, 2006. http://www.theses.fr/2006PA010295.
Full textCarpentier, Chantal. "L'appréciation de la qualité d'État par les organisations internationales : contrôle de légalité par les organisations internationales universelles de l'acte-condition faisant acquérir le statut d'Etat." Paris 1, 1991. http://www.theses.fr/1991PA010252.
Full textCogliati, Isabelle. "L' élimination du travail des enfants à l'heure de la mondialisation : l'édifice normatif érigé par l'Organisation internationale du travail." Reims, 2002. http://www.theses.fr/2002REIMD005.
Full textSince the beginning of the XXth century, working conditions have improved globally ; human rights and children's rights are nowadays one of the most important political concern's at an official level ; situation which was to evolve positively in a globalise context. In this context, the announcement made by the International labour office (ILO) that 250 million children are working all around the world seems contradictory. In fact, this reflects the existence in the gaps of positive law relating to children as regards the content of the adopted standards and the supervisory means of application. It also reflects a new preoccupation for children at work during the last 30 years, both at a regional level (int he European Union, for example) and at an international level, with the United Nations Convention of rights of the child (and its Optional protocols) of 1989 and the ILO conventions on minimum age 1973 (nʿ138) and on the worst forms of child labour 1999 (nʿ182). The elimination of child labour is one of the ILO's main goals. The Organization is trying to build a global system including a broader conception of " child labour " more adaptable to modern situations with wider range instruments such as the 1998 Declaration on fundamental rights and principles at work, the In focus program for the elimination of child labour (IPEC) or the Statistical information and monitoring program on child labor (SIMPOC). However, the ILO constituents should keep in mind that this evolution should not introduce some kind of competition between these new means of action and their constitutional obligations ; the legitimacy of the ILO's action is based, first of all, on the elaboration, adoption and supervision of the standards, which are suitable to eliminate child labour in the long term
Farot, Serge. "Le statut de réfugié en droit international et en droit comparé." Université Robert Schuman (Strasbourg) (1971-2008), 1987. http://www.theses.fr/1987STR30018.
Full textNowadays, the problem of people who leave their countries in order to escape a great danger is very important. There are nearly ten millions refugees through the world. In order to cope with that phenomenon, states resolved to deal with it by conclusion of international instruments. The more important of them are the 1951 Geneva convention relating to the status of refugees with the 1967 protocol and the OUA convention governing the specific aspects of refugees problems in Africa. But international instruments and states legislation dealing with human rights are very important for refugees protection too. To be considered as refugees, people must satisfy the conditions required by the convention. But the definition of the word "refugee" of the 1951 convention is not clear. It is to narrow too, in order to permit everyone who leaves his country in order to escape a great danger, to be granted protection as refugee. The definition of the OUA convention governing the specific aspects of refugees problems in Africa is better. When people satisfy the definition of "refugee", the more important protection they may enjoy is to be sure that they will not be driven back to any country where they will be likely to face persecutions. The protection of refugees against "refoulement" is forbidden by the 1951 and the OUA convention governing specific aspects of refugees problems in Africa. Refugees do not enjoy any right of asylum on the ground of an international instrument. But states parties to 1951 convention must grant some civil and political rights and some social and economical rights to refugees who are within their territories. The legislation and the practice of states remain very important for the granting of these rights to refugees too
Turgis, Sandrine. "Recherches sur l'interaction entre les normes internationales relatives aux droits de la personne." Paris 2, 2009. http://www.theses.fr/2009PA020045.
Full textGraziani-Jaujon, Laurene. "L'enfant et les procédures contentieuses internationales." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1019.
Full textThe procedural capacity of children has progressively been recognized by some international judicial authorities. Generally without legal capacity, minors do not have the ability to act directly before domestic courts. However, minors have been able to claim violations of their rights before international authorities, taking into account their victim status rather than their age or legal status. Supported by an emancipatory approach, this new role of children on the judicial scene does not call into question the necessity to give them a special status. Indeed, children could not be subject to the same rules as adults because of their singular status, especially since they have to face additional obstacles, including legal, political, socio-economic and cultural obstacles. Thus, a series of measures must be adopted to supervise their participation and to ensure that the procedures are adapted. Fundamental guarantees of the right to a fair trial need to be respected, while taking into account the child’s specific interests and his evolving capacities. The main challenge in this process is to find a balance between protection and participation. The debate on the child's capacity is at the core of this study, as well as the evolution of the conception of children's rights and the difference dilemma. Best practices are thus defined. The role of the child is also exemplified. Considered as an actor, he is also a partner guiding adults in the process
Viale, Cédric. "L' instance permanente sur les questions autochtones de l'organisation des Nations unies." Aix-Marseille 3, 2003. http://www.theses.fr/2003AIX32046.
Full textThis thesis combines theoretical knowledge with diplomatic experience and thus offers the lector an original viewpoint of the subject. This approach is aimed at enabling the actors, scholars as well as professionals, to gain a greater understanding of the interaction of theory and practice. Legal questions gain a new dimension through juridical anthropology, an approach which the author adopts for his study on one of the UN´s most recent organs ; The Permanent Forum on the Indigenous Issues. This new element of the international organisation enables the author to write on the contemporary problems of indigenous people whilst prolonging the reflection on indigenous issues. The author commences his study of the subject by searching the characteristics traditionally attributed to indigenous people as well as the work of international organisations other the UN. This approach serves to effectively enlarge the basis on which the study is effected. This is followed by a more critical attitude, an approach adopted in order to enable the author emphasise the Forums lacks as well as its positive sides. The seizure some indigenous have effected on the new instance is pointed out before consolidated arguments for supporting the creation and maintain of the Permanent Forum are exposed
Malanhoua, Kouassi Aimé. "Les organisations non gouvernementales (ONG) à l'epreuve du droit des associations." Thesis, Nantes, 2017. http://www.theses.fr/2017NANT3028.
Full textFreedom of association is part of the fundamental freedoms in French positive law. lt has constitutional value and, as such, is the very foundation of the law of associations on which the legal category of non-governmental organization (NGO) appears to be based. The notion of NGOs is present in the French environment and internationally. lt was, for the first time, used by the United Nations to describe all non- essentially Stale actors, with which it collaborates in the fields of its competence. The aim of this thesis is to show that NGOs, which are subject to a diversity of legal status in the domestic,European and international law, should enjoy a sui generis legal status. They are, erroneously, either associations orfoundations. Others argue that they enjoy a European status and even an international civil society status. Others, on theother hand, recognize the consultative status of ECOSOC and the specialized agencies of the United Nations. Thisprofusion of legal status does not reflect the role and inescapability of NGOs on the international scene. Thesedifferent legal statuses are inadequate. There is ample reason to believe that the NGO has a special derogatory status forthe legal categories of associations, foundations and others. lt is, to a certain extent, a specific form of organization which can claim the international status of the International Committee of the Red Cross (ICRC) or at least be governed by a transnational legal order, that is, a lex humanitatis
Matringe, Jean. "La contestation des actes unilatéraux des organisations internationales par les États membres : étude sur la centralisation de l'ordre juridique international." Paris 2, 2000. http://www.theses.fr/2000PA020015.
Full textFonseca, Susana. "Le régime juridique de l'investissement direct étranger en Amérique latine." Paris 1, 1993. http://www.theses.fr/1993PA010295.
Full textThe conjuration of international law capable of promoting a new international order is generally presented as a capital event of the evolution of contemporary international law. This approach questioned legally acquired situations by foreign companies and leaded to waves of nationalisations in the 60s and the 70s in latin america. The contentious that resulted from these nationalisations did not contributed as attended to restructure international investment law, promoting domestic law and national jurisdiction to regulate foreign investment. The debt crisis obliged latinamerican countries to sign bilateral treaties of promotion; protection and quarantee of investments, suscribing to principles and rules that lead to presume their renunciation of the new order and their subjection to classique international law. Finally, and this is the main point, we observe an increasing participation of these countries to the reconstruction of an universal international investment law
Dinechin, Philippe de. "La réinterprétation en droit interne des conventions internationales sur les droits de l'homme : le cas de l'intégration de la convention des droits de l'enfant dans les droits nationaux en Amérique latine." Paris 3, 2006. https://tel.archives-ouvertes.fr/tel-00089974.
Full textThe United Nations adopted the International Convention on the Rights of the Child (ICRC) on November 20th 1989. In Latin America, it has caused an upheaval in that area of law. The ICRC has been incorporated in national legislations and has become, in ten years, the benchmark for the area of child’s rights and related-law on the continent. A group of Latin-American lawyers has introduced a new interpretation of the ICRC that leverages this international legal instrument to strengthen democracy. The “doctrine of integral protection”, elaborated by these experts, advances new principles of the Rights of the Child based on the best interest of the child. Their work has been endorsed by the Inter-American Court of Human Rights, by the Committee on the Rights of the Child of the United Nations and by most national legislations of the continent. However, based on concepts of utopian law, the theoretical proposition advanced by these Latin-American legal writers does not render effective the ICRC in countries where the condition of children is often appalling. The gap between the large number of subjective rights and the actual situation of children demonstrates the limitations of this ever-growing body of law. As a new element of a legal pluralism, this new interpretation of the ICRC in Latin America is evidence of the democratisation of the continent and of the metamorphosis of the rule of law
NICOLAS, NELSON DANIEL. "La cooperation juridique internationale des democraties occidentales en matiere de lutte contre le terrorisme." Paris 8, 1986. http://www.theses.fr/1986PA080030.
Full textCastellarin, Emanuel. "La participation de l'Union européenne aux institutions économiques internationales." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010292.
Full textThe European Union is involved in the activity of all institutions that shape and supervise the world economy, be they international organizations or other multilateral fora. The Union’s inclusion in these legal communities is mutually beneficial. On the one hand, the Union is eager to assert itself as an actor on the international scene and can promote its values and interests. On the other hand, the Union helps to implement norms produced by host institutions and to achieve their goals, as it is integrated in their legal order or network. However, this integration also gives rise to some problems. The Union tries to protect its own organization and margin of appreciation in regulating economic phenomena. Moreover, in principle host institutions are not accustomed to its functioning, especially as far as relations with member states are concerned. The European Union’s participation in international economic institutions is a process of continuous institutional interaction which aims at overcoming these problems through reciprocal adaptation. As the Union promotes its public policies within international economic institutions, which shape in turn the Union’s policies, this process boosts the coherence between levels of economic governance. Thus, the Union influences and is influenced by multilateral liberalization and regulation of all economic phenomena: trade, investment, finance, and development cooperation
Lunca, Mariana. "Les relations entre l'Union européenne et l'Organisation des Nations-Unies. Essai d'analyse juridique de la dynamique relationnelle entre les deux institutions." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30012.
Full textWith the commitment of the European Union to act on the international scene within theframework of the United Nations’ multilateralism, the latter became an organization with which the EU intends to establish a privileged relationship. The two organizations developed an important field cooperation covering almost all of the areas of their activity. The purpose of this research is to analyze the relations established between the two organizations in their extent, by highlighting their dynamics as a whole. The dynamical approach is imposed as well by the evolutionary character of this relationship. It is shaped by the legal nature of the EU and the UN. If their relationship is governed by the law of the relations between international organizations, because of the unique character of both the EU and the UN in the international legal order, it is also characterized by an important measure of originality. As a relationship between autonomous but limited, by their competences, subjects, it appears to be as well a functional relationship, by allowing an articulation of the legal orders of both organizations and, through their collaboration, a rationalization of the means provided to them by the Member States. In this context, the EU and the UN explore in their relationship new interorganizational modalities
Zašova, Svetlana. "Le régime juridique des agents onusiens du maintien de la paix : entre autonomie de l'organisation internationale et articulation des ordres juridiques." Paris 1, 2010. http://www.theses.fr/2010PA010307.
Full textBakayoko, Seydou. "L'encadrement juridique international du bassin du fleuve Niger : contribution à l'étude du droit international des cours d'eau." Electronic Thesis or Diss., Paris 8, 2019. http://www.theses.fr/2019PA080062.
Full textThe management of the Niger River basin is a major issue for the nine States sharing it at the regional level. In order to stabilize their relations, the riparian States of the Niger River basin have developed a legal framework for cooperation in the use of their water resources. The Niger Basin regime thus relies on a dual framework of cooperation – both normative and institutional – which raises the question of the true specificity of this legal regime. While the legal regime of the Niger River Basin is seen as a contribution to the study of international watercourse law, the international legal framework of the Niger River Basin is not conceived in a perspective of going beyond the traditional tenets of international watercourse law. This legal framework thus confines the management of the waters of the river basin in the classical sphere of interstate relations.The legal framework of the Niger River Basin does not therefore reveal the existence of a specific legal regime for the management of rivers. This lack of specificity does not lead to the conclusion that this legal regime is irrelevant. Its relevance lies in the framework of relations between States and in the dispute prevention instrument that this regime provides. The search for the true specificity of the legal system necessarily involves a new development towards the management of water resources in the collective interest of the riparian States. The reception of the legal integration model in the context of the Niger River basin would be a relevant means to develop a genuine expected specificity. The normative and institutional framework could thus be based on the legal implications of qualifying the water of the Niger River as a "common heritage of riparian States”
Makaya-Batchi, Roméo Boris. "La portée de l'évolution de la nature juridique des annexes à la convention relative à l'aviation civile internationale pour les états africains." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1009.
Full textThe texts referred to, for convenience, annexes to the Convention on International Civil Aviation, known as the Chicago Convention, are not, under international law annexes to the Convention because they lack the same legal status as it. They acquire legal force once transposed into national law of States which may also be waived. For years, the non transposition of annexes in the positive law of states was tolerated. However, since the introduction of the system safety audits and safety, the lack of transposition may result in the placement of states on the secure site in the organization of the International Civil Aviation Organization (ICAO) and / or the list black of the European Union. By these two facts, the annexes have gained significant changes that impact the majority of states, particularly in Africa, where the rate of non-compliance with Schedules is the highest of all continents, what is wrong without consequence for aviation relations international and development industry of civil aviation for the African continent
Koïbé, Madjilem Roméo. "La protection juridique des réfugiés et déplacés climatiques à assurer par les organisations régionales : rôle de l'Union Africaine." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100098/document.
Full textIn recent years, global warming has been the subject of several heated debates. But, it is currently difficult to affirm with certainty that global warming and the increase in natural disasters in recent times are the obvious consequences. However, there is no doubt that these natural disasters or those caused by human activities have a proven impact on the environment and the living environment. This is the case in the Pacific with the Tuvalu islands which have been exposed to rising sea levels, erosion and even extinction. This is also the case in the Sahel region where due to a decline in rainfall, drought and poor management of its waters, the Lake Chad is experiencing a disturbing contraction, forcing thousands of people whose life depends on it to migrate in the space of the conventional basin of Lake Chad shared between Nigeria, Niger, Cameroon and Chad. These poorly managed internal and cross-border movements are sources of tension and insecurity. This situation does not appear to be of sufficient concern to the countries affected by these changes, and even less to the developed countries and the international community, which in the absence of any legal and humanitarian framework and international protective status, show no signs of eagerness to find temporary or permanent solutions to assist climate and environmental refugees and environmentally displaced persons whomay be harmed in their right to life and decent life. Due to the current legal vacuum at the international level, it would be desirable to take stock of the current possibilities of universal and regional legal protection before returning to possible solutions adapted to the specific needs of Africa, through the African Union. This is a bold but worthwhile option because of the current context that requires a search for scientific and legal solutions that can help policy makers
Couratier, Josyane. "Le système Antarticque." Paris 1, 1987. http://www.theses.fr/1987PA010291.
Full textThe geographic and climatic specificity of the antarctic continent has generated problems in international law regarding sovereignty, jurisdiction and management of activities and resources in the area. The purely nationa-listic answers of states to these problems have been replaced since 1959, when the Antarctic treaty was signed, by a kind of collective administration. With the passing of time and the emergence of new problems related environnemental protectio and the conservation and exploitation of living and mineral resources consultative mechanisme provided for by the treaty have generated important le-gal and institutional developments. These mechanisms which, together with their offsprings have develop their own dynamics, have been labelled "the Antarctic treaty system", by comparison and opposition with the un system and other regional legal systems. The present study covers the relations between the antartic traety sys-tem and general international law and the un system. Such an examination bears a particular interest at a time when the group 77 is questioning the regime establishes by the treaty in 1959. A last part of the study tries to analyse the reasons behind the success of the system
Bozkaya, Ali. "La situation juridique d’une entité étatique non-reconnue dans l’ordre international." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100035/document.
Full textAn entity that fulfils classical criteria for statehood, in constituting a stable and independant governmental authority having an effectif control on a certain population in a certain territory is a State in terms of international law, notwithstanding its recognition by other States or other international law subjects. A discretionary non-recognition adopted by certains States towards such an entity means atmost a refusal to enter in diplomatical or other relations with this unrecognised entity. On the other hand, a non-recognition imposed by general international law or by a mandatory resolution of an international organisation signifies not only a refusal to enter in optional relations with the unrecognised entity but also a denial of its state status.The study of the legal situation of unrecognised entities shows that international law does not consider these entities as a land without law that can produce no act or relation in international order. On the contrary, the States take notice of the existance of unrecognised entities and establish relations with them in the framework of general international law or the resolutions of United Nations organs. Non-recognition represents only an unfriendly position adopted by non-recognising States towards the unrecognised entity for political reasons or as a response to an international law violation
Houedjissin, Mededode. "Les victimes devant les juridictions pénales internationales." Phd thesis, Université de Grenoble, 2011. http://tel.archives-ouvertes.fr/tel-00628543.
Full textDuclaux, de l'estoille Marie. "Les stratégies juridiques en vue de l'abolition universelle de la peine de mort." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCD060.
Full textIn order to promote the universal abolition of the death penalty, States and international organizations, which form an abolitionist functional community, use legal strategies. These strategies are based on law, and operate both on the content of the law (normative strategies) and on the implementation of the law (operational strategies).With regard to abolitionist normative strategies, the abolitionist functional community relies on article 6 of the International Covenant on Civil and Political Rights, which provides a legal framework for the death penalty and its restrictions. It thus promotes partial abolition on the basis of General Assembly resolutions, Human Rights Committee soft law and other treaties in order to densify and interpret them extensively. Similarly, the abolitionist functional community is based on other partial abolishments that are still in the process of becoming customary, although this is still opposed by some States. With regard to abolitionist operational strategies, the abolitionist functional community works both inter-state and transnational to promote the implementation of standards governing the death penalty. These abolitionist legal strategies are therefore factors in the development and non centralized implementation of international law, which question the weight of the majority of States in the evolution of international law, and raise the question of the recognition of the existence and relevance of meta-legal values such as human dignity
Edynak, Elsa. "Le droit international applicable à l'océan Arctique : l’adéquation d’un ensemble juridique complexe à un espace spécifique." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR139.
Full textClimate change and the disruption it implies in the Arctic have really renewed the interest in this space. This raises issues of different scales (both regional and global), but also of different natures (economic, political, social, environmental), which constitute as many legal issues and question the relevance of the applicable law. However, and this is the main legal issue here: the existing legal framework is extremely complex, whose consistency and relevance concerning the region have been widely questioned. But to this unique problem - com-plexity - the authors do not seem to agree on the solutions to adopt. These differences underline the interest to determine whether the legal framework for the Arctic Ocean can be considered as "adequate" in the sense that it would enable a management that meets the criteria of a satisfying legal system. Regarding the method, the study demanded to put the apparent disorder in order. To this end, systematization was necessary; it was done through the creation of a synoptic table analyzing all the standards of international law applicable to the region,. In conclusion, despite its diversity, the legal framework can nevertheless be considered satisfactory from a substantive (completeness) and formal (coherence) point of view. Beyond simple coherence, the current cons-truction of an Arctic law leads to the identification of an scheduling process at the regional level, this framework resembling more and more a real "legal system". This regionalisation is legally essential. Nevertheless, it must be recognized that it does not ensure the worldwide action which remains essential in the face of the global problem that is climate change. If it constitutes a probably necessary step, it represents above all an additional step in this generalized implementation and therefore reinforces the fragmentation of international law, and its complexity
Dezallai, Amanda. "Réflexions sur les statuts de victime en droit international pénal." Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0003.
Full textWhile the ICT carry out their Completion Strategies, the ICC will soon pronounce its first decision. At this point, itis important to assess international criminal law and especially victim’s status according to this law. Actually, theysymbolise the ins and outs of international criminal law. Once forgotten, once sacralised, the victim never leavesus indifferent, above all a victim of international crimes. His or her recognition has deeply altered internationalcriminal law, which now gives him or her an increasing place. Studying the laws of the international criminal courtsshows that there is not one status but several status of victim. This plurality comes from the fact that there areseveral legal characterisations of victim and several legal conditions. The analysis of the different factors leadingto this multiplicity of legal status enables us to envision this legal diversity as a power of international criminal law,rather than one of its weaknesses. It is the middle way between considering victims as a shapeless, undefinedand undifferentiated crowd and considering each victim individually. But, as with the status of private persons ininternational public law, reaching and keeping a well-balanced status is difficult ; and these are perfectible andcan be improved. This is the reason why some suggestions for the enrichment of the different status are madeand, for each of them, there is a thorough questioning and analysis of whether it is feasible and desirable. As aninternational criminal justice system is under construction, the victim could find a place in it which would satisfy allthe protagonists of the legal proceedings against international crimes, including and particularly States
Touati, Abdenour. "Le partenariat, en tant que concept juridique du développement, au sein du système international." Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10003.
Full textThe subject deals the partnership, its emergence and its juridical range, as the temporal scope of this descriptive and analytical approach, covers both, the eve and the dawn of the third millennium, therefore, this approach related to the partnership within the international system, based especially on the pre-United Nations instruments in particular the pact of the League of Nations, and the united nations instrument, especially the Charter of this organization and the Millennium Declaration, which generate the Millennium Development goals In particular, the eighth goal, related to establishment of a global partnership for development. These two instruments and more others with dogmatic and thematic kind, are evaluated and refined by much more pragmatic documents, that is the, 2005 world summit outcome document, so the juridical nature is better combined with worldwide socioeconomic impact and its applications on a regional, multilateral and bilateral partnership . Thus, the thesis tries modeling the most consensual guidelines partnership, this recent and little consensual notion
Jarry-Omarova, Anna. "Genre du pouvoir et démocratie libérale en Mongolie : analyse de l'échec du mouvement associatif des femmes, entre espace politique, nomadisme et ONG internationales." Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2010. http://tel.archives-ouvertes.fr/tel-00545781.
Full textSuleiman, Lourdes. "Le rôle du droit international dans l'émergence d'un Etat palestinien. Difficultés et limites." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30041.
Full textThe international community and the international law are facing a great challenge: find the solution to end the Israeli-Palestinian conflict. The study of the Israeli-Palestinian conflict in light of international law shows many difficulties related to the emergence of a Palestinian state. Indeed, this conflict is a source of violation of international law specifically a violation of human rights that continues to strike in this area. Violations against international law go back to the time of the British mandate and are finally characterized by the impunity towards the entities that have committed them. Therefore, this allows us to highlight the weaknesses of international law, more specifically those of the United Nations that is confronted with the constant breach of its principles and decisions. We have tried to overcome this infernal situation by using the techniques offered by the international law that aims to put an end to a conflict. There is a technique that seems to be the most appropriate for the Israeli-Palestinian conflict known as the negotiation. However, the peace process that began in 1990 is now almost forgotten.Despite all this, the creation of a Palestinian state is the base to the solution of the Israeli-Palestinian conflict. This present study aims to demonstrate, based on the definition of the State under international law, that Palestine has, on one hand, confirmed elements/components that are imperfect, allowing the latter to constitute a State under international law, and on the other, that it can’t achieve statehood to the extent that certain elements necessary for statehood remain questionable. What Palestine is missing is effectiveness
Cocan, Silviana Iulia. "Le dialogue entre juridictions et quasi-juridictions internationales de protection des droits de la personne - l'exemple de la prohibition de la torture et autres peines ou traitements cruels, inhumains ou dégradants : l’exemple de la prohibition de la torture et autres peines ou traitements cruels, inhumains ou dégradants." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0098.
Full textIn the international legal order, international bodies protecting human rights are both of a different nature and independent. Judicial dialogue consists in referring to decisions or international instruments that are external sources to the system in which the international body has to exercise its power of interpretation. The example of the prohibition of torture and other cruel, inhuman or degrading treatments will be used to illustrate this spontaneous practice. Judicial dialogue is seen as an interpretive technique, allowing to reach common interpretations of the substance, the meaning and the scope of this prohibition, by reaching a normative convergence through the use of external sources that shows an interpretive convergence in the first place. Nevertheless, the use of external sources does not always lead to extensive interpretations since it can also highlight disagreements in which case restrictive interpretations are inevitable. Finally, it appears that the international jurisprudential dialogue can both contribute to coordinate and harmonize the application and interpretation of international human rights law in order to protect the international public order
Rojas-Novoa, María Soledad. "La protección de la infancia en América : una problematización histórica del presente : el caso del Instituto Interamericano del Niño, la Niña y Adolescentes (1916-1989)." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCC110/document.
Full textThe main goal of this doctoral thesis is to understand the processes that have led to child protection becoming a social problem in the Americas. We approach this subject through the description and the analysis of the history of the Inter-American Children's Institute between 1916 and 1989. This study is based on a specific corpus of documents the Institute’s proceedings and newsletters, considered from a genealogical perspective with a special emphasis on the historic reality of the social contexts of production of these documents. The Institute, as a case study, allows us to pose numerous questions, which serve as a basis for this research: how have discourses that have reclaimed (at least temporarily) a value of truth regarding infancy been produced in the Americas? How have these discourses collaborated in the construction of a specific domain of knowledge and action called “child protection”? In which ways has this domain appeared in a specific International organism? What processes and mechanisms support the process of institutionalization at a transnational level? Who were the main actors in this process? What kind of relationships did they establish among themselves? What parts of the representations and the practices that they conducted persisted and what parts were discontinued? What were their goals and motivations? We seek to articulate a historical problematization of the present around these issues. This methodological exercise stems from the interest in a reconsideration of the conditions of emergence of the regime of children’s rights, inaugurated with the ratification of the International Convention on the Rights of the Child, in 1989
El problema principal de esta tesis doctoral es comprender los procesos a través de los cuales la protección de la infancia deviene un problema social en América. Esto se lleva a cabo a partir de la descripción y el análisis de la trayectoria del Instituto Interamericano del Niño, la Niña y Adolescentes, entre 1916 y 1989. Para ello, abordamos un corpus documental específico –las Actas y los Boletines del Instituto– desde una perspectiva genealógica, poniendo especial atención en la realidad histórica de sus contextos sociales de producción. El Instituto como caso de estudio, nos permite desarrollar las múltiples interrogantes que están en la base de esta investigación: ¿Cómo se han producido los discursos que han reclamado (al menos temporalmente) un valor de verdad respecto de la infancia en las Américas? ¿Cómo esos discursos colaboraron en la construcción de un dominio de conocimiento y acción específico llamado “protección de la infancia”? ¿Cómo ese dominio toma cuerpo en un organismo internacional específico? ¿Qué procesos y mecanismos sostienen el proceso de institucionalización transnacionalizado? ¿Quiénes fueron los actores preponderantes en ese proceso? ¿Qué tipo de relaciones entablaron entre ellos? ¿Cuáles son las persistencias y discontinuidades históricas de las representaciones y prácticas que ellos enarbolaron? ¿Cuáles fueron sus objetivos y motivaciones? En torno a estas interrogantes buscamos articular una problematización histórica del presente. Este ejercicio metodológico se sostiene en un interés por repensar las condiciones de emergencia del régimen de derechos de infancia, inaugurado con la ratificación de la Convención Internacional de los Derechos del Niño, en 1989. Palabras clave: protección de la infancia, organismo internacional, América Latina, interamericanismo, historia del presente
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
Fathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence." Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
Full textNicolau, Jean. "Droit international privé du sport : études sur une discipline en construction." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3018.
Full textThrough the examination of the elements of the private international law and their contrast to situations associated with sports practice in general, and to Sports Law in particular, this thesis intends to establish the pillars of the private international law on sport. In this regard, the topics related to the nationality of the athletes, either granted by the State Law or Sports Law, are initially addressed. Subsequently, this thesis aims to identify and to determine the competent authorities and the applicable law to rule over international legal issues related to sport
A partir do exame dos elementos do direito internacional privado e da contraposição dos mesmos a situações associadas à prática esportiva, de modo geral, e ao direito desportivo, em particular, este estudo pretende erigir os pilares do direito internacional privado do esporte. Com efeito, são abordadas, em um primeiro momento, temáticas relacionadas à nacionalidade, estatal e esportiva, dos atletas que integram o movimento esportivo. Na sequência, o objeto da tese repousa sobre a identificação e a determinação tanto das autoridades competentes para a apreciação das situações jurídico-desportivas de dimensão internacional, quanto do direito aplicável a estas últimas
Yana, Chris. "La problématique de la responsabilité pénale des enfants impliqués dans les actes terroristes de Boko Haram au Cameroun." Thèse, 2018. http://hdl.handle.net/1866/21355.
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