Dissertations / Theses on the topic 'Recourse to force'
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Amireh, Makram. "The legality of recourse to defensive force in Islamic and international law : with reference to the case in Palestine." Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3354/.
Full textDos, Santos Matthes da Costa Maíra. "Les raisons de la guerre : Le jus ad bellum entre le pacifisme libéral et la guerre juste." Electronic Thesis or Diss., Université Paris Cité, 2021. http://www.theses.fr/2021UNIP7248.
Full textUnder what circumstances is the recourse to force legitimate? International law regarding the use of force allows three possibilities: 1/ Member States may claim self-defense against an armed attack; 2/ Member States may use force if the Security Council issues a resolution authorizing it; 3/ Member States may use force inside another State with its free consent. All other uses of military force, or threats to use force, are illegal. This thesis will first show how this legal construction takes root in Western liberal thought. It dates back to the 18th century and considers war a corrosive force, the direct opposite of humanity's true interests. Conceptually, liberal thought on the use of force is opposed to the idea of a just war, which has its roots in the Christian concept of world order. Its classic version, in effect, accepts three justifications for war: the defense of rights against an unjust attack; the restoration of rights in the event of harm suffered; and vindication when justice has been violated. It is therefore our second objective to show the philosophical bases of this second paradigm justifying war. We argue that two main paradigms exist affecting the justification of war that differ widely in their origins and issues - liberal pacifism and just war theory. The first is governed according to a logic of presumption against war. It judges war as immoral and tries to find a political solution to the problem. Just war theory, on the contrary, judges that war can be a moral activity under the condition of not being subsumed by power politics. Therefore, it puts forward a logic of conditional permissiveness. The ways in which morality and politics are articulated are thus very different according to each of these traditions, which has consequences for the moral evaluation of war. At the end, two conclusions will be developed. First, from a logical point of view, the synthesis between liberal pacifism and just war is not possible. Second, the multitude of possible compromises between these two paradigms generates only the possibility of precarious conciliations
Khiar, Yazid. "L'autorisation implicite en matière de recours à la force." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1038.
Full textIraq 2003: a coalition led by the United States and the United Kingdom undertook military action based on a legal authorization to use force implicitly contained in Security Council Resolution 1441 (2002). This argument was also highlighted in Kosovo (1999), and Liberia (1992).These three cases illustrate the application of a practice known as the implied authorization for use of force. While the authorization for use of military force must result from explicit Security Council Resolution, the implied authorization is based on an interprÉtation between the lines of Security Council Resolutions in order to highlight such an authorization. The States that had recourse to it made it abundantly clear that a precedent cannot result of this practice on the sidelines of international legality. However, despite its controversial nature, it tends to become the privileged support of the State in the absence of an explicit authorization.Hence a paradox of the implied authorization which we will assess the legality, by examining the modalities of its elaboration and its application. The difficulties by resolving the question of its validity under international law will lead us to overcome this particular standard of legality by substituting it for that of conformity, more flexible, in an original legal framework: the legality of exception. We shall finally see that the teleological approach of the implied authorization suffers substantial gaps so that we will reaffirm the dual requirement of the clear mandate and the control within the Security Council Resolutions authorizing use of force
AMORIN, JOSE. "Le recours a la force a des fins humanitaires." Evry-Val d'Essonne, 1998. http://www.theses.fr/1998EVRY0011.
Full textThe thesis analyses the possibility to use force for humanitarian assistance in consideration of the principles of the international law. It tries to establish a relation between the humanitarian assistance and the use of force and to explain how the humanitarian action can be implemented by the united nations forces. It concerns mainly the humanitarian interventions organized in iraq, ex- yugoslavia, somalia and rwanda. During these conflicts, the force is put into pratice to serve the interests of the populations. All the persons in difficulty have a right to be protected. A humanitarian assistance can be given by the united nations in the context of the peace-keeping operation or the peace enforcement operation. The international community takes the necessary measures to assist the populations. The security council has the possibility to organize humanitarian operations on the basis of a strict or large interpretation of the norms of the chapter vii of the charter. The security council can strengthen his action and give to the united nations forces or the multinationales forces the possibility to use all the necessary means to provide the humanitarian assistance and to protect the populations within the protected humanitarian spaces. The use of force for humanitarian assistance prove a real determination of the international community to eradicate the sufferings imposed to the vulnerable populations. The military humanitarian action in ex-yugoslavia, somalia and rwanda is more or less a efficient mean for the united nations to implement the humanitarian assistance and to protect the fundamental human rights. Sometimes, the united nations have to take military means to resolve the humanitarian crises
Thielen, Ophélie. "Le recours à la force dans le cadre des opérations de maintien de la paix contemporaine." Paris 1, 2010. http://www.theses.fr/2010PA010319.
Full textSayegh, Sélim el. "La crise du golfe, etude d'un cas de recours a la force." Paris 11, 1992. http://www.theses.fr/1992PA111002.
Full textOnce the concept of crisis defined, the thesis analyses the use of force, in the framework of a case study after the invasion of kuwait on the 2 nd of august 1990. The analysis has demonstrated at first how international law has been sollicited by parties : iraq, by calling upon historical rights, and so called economic agression and a call for help from a friendly government; other states acting for the security council and within system of "alliances", thier economic, strategic, political interests being endangered. Afterwards, the juridical escalation in the crisis has been examined : after having condamned the agression, secutity council has decreed a naval and aerial blockade. Iraq has riposted by the "diplomacy of hostages". In reaction, the international coalition dispatched troops ot saudi arabia. Because iraq has ignored sanctions, security council has authorized the states to resort to force against iraq. A political pause will follow before the break up of the gulf war. The defended thesis demonstrates how the crisis has developed in the jus ad bellum while iraq and kuwait already are in jus in bello, and the action of states and uno is studied along international law and un charter
Kreipe, Nils. "Les "autorisations" données par le Conseil de sécurité à des mesures militaires." Paris 10, 2004. http://www.theses.fr/2004PA100183.
Full textIt is generally acknowledged that the Security Council can "authorize" the recourse to armed force, and that such "authorization" provides sufficient legal basis for military measures. However, no satisfactory explanation of the "authorization" has yet been developed. Actually, the "authorization" is not to be regarded as a "permission" of recourse to armed force, exempting the States of the respect of the prohibition of the military coercion (article 2 (4) of the Charter). Rather, it reminds the concept of agency, the "authorization" providing a mandate that enables States to undertake military enforcement measures on behalf of the Council. "Authorized" States thus exercise the Security Council's powers of military coercion. The cases of Kosovo and Iraq show that it is conceivable that the Security Council can grant such a mandate implicitly, and that he can also "ratify" military measures ex post
Delorge, Jeanne-Marie. "L'évolution du jus ad bellum : du droit de recourir à la force armée." Paris 5, 2007. http://www.theses.fr/2007PA05D009.
Full textThis work relates to the evolution of the right to resort to force. With through times, the recourse to armed force, which is a particular form of war, was limited. But prohibition to employ the sovereign right to recourse to force in international relations is a very recent conquest of the Humanity which allows the States to live in a world of peace today. So that is remains, peace supposes that the war becomes an illicit act in international law and that there is an institutional framework in which the collective security can exists. The recourse to the force remains: either centralized in the hands of a restricted body or within the framework of the self-defence. Although all the States accepted this system, some of them, most powerful, try to escape from the rules while trying to justify and legitimate their actions in comparison with the international law
Benzaquen, Bélinda. "Primauté et recours." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30015.
Full textAbsolute primacy of Community law or supremacy of constitutional provisions ? Devoted to the analysis of the conflicts born or to be born between EU law and constitutional standards, this doctoral study focused on analysis of the link between the terms of primacy or preemption rule and jurisdictional actions to raise that in this kind of litigation disputes a unreported legal syllogism is applied. It's one that cumulatively preserves the hierarchical criterion characterizing the domestic legal systems of the Member States, at its peak the principle of supremacy of the Constitution over all others and the effective application of the material primacy of Union law ; recent developments in internal law of the Union converge in this sense : in a dispute litigation, primacy is no longer a problem of constitutional legality, the conflict is circumvent. Concerning this matter, the debate on the authority and the force of traditional international law on constitutional law no longer arises. It has been separated between the force and the effect of the treaties of international law of the Union. Yet in terms of principles, even within a federal State, the definitional content and especially the handling of the constitutional text have not been revisited ; the Constitution is the legal basis without being the content validity of the primacy of Union law, the supreme text operates as a reference technique, it fits two types of fields based on the criterion of the contentious issue. Supremacy and rule are two different legal nature principles which do not compete. The prevalence of the material primacy of Union law sets no supremacy at the top of the pyramidal hierarchy of standards of each of the acceding States
Kim, Taek Su. "Le recours à la force par un agent de la force publique : étude de droit français et coréen-du-sud comparés." Nancy 2, 2003. http://www.theses.fr/2003NAN20004.
Full textHuet, Véronique. "Le recours unilatéral à la force armée en droit international : étude de la pratique récente." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32021.
Full textSome States had recourse to unilateral armed force by the sending of military troops as in Kosovo, in Afghanistan and in Iraq these last years. Firstly, we will analyse international system of recourse to force by means of expressly and implicitly authorization and the enlargement of self-defense after the afghan case in 2001. Secondly, we will look into the political and juridical involvements of unilateral recourse to force in international relations as for the commitment of international liability of intervening forces, as well as the necessary reconstruction of the peace making system
Beal, Arnaud. "Pauvreté, (non-) recours aux droits sociaux et représentations sociales." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2146/document.
Full textMore and more, French society is faced with the necessity and/or possibility to resort to the social welfare system because of increasing social inequality and poverty. At the same time, an opposing phenomenon baffles authorities: no take-up of social rights (Warin, 2010). Our doctoral thesis focused on understanding this phenomenon in relation to poverty, from the perspective of social representations (Moscovici, 2013; Jodelet, 2015). Through methodological triangulation (Apostolidis, 2006), combining qualitative and quantitative methods, we observed and collected social representations that describe, explain and organize these legal practices and what makes them difficult.Several themata in particular contribute to the interpretation of experiences and guide action. First, the complex-simple themata describes and explains legal practices, referring to the objectification process specific to the operation of social thought. The simplification of access to rights and their familiarization, which are necessary to be able to benefit from them, are possible because of knowledge gained through the experience of poverty and law, and through shared experiential, scholarly, cultural and expert knowledge.These experiences also bring out the strength-weakness themata. As a social virtue linked to courage and will-power, strength prevents weakness, which is associated with collapse and “letting oneself go”, and helps to cope with socioeconomic difficulties and accessing social rights. Paradoxically, weakness is also a way to be recognized legally, putting pressure on the search for recognition. Hence, both aspects of the anchoring process are present simultaneously: recognition and stigmatization.These experiences also fit into the social representations of Justice and into dynamics of loyalty or defiance regarding law and instituted justice. Hence, they shape different uses of the social welfare system and contribute to weakening the social representations of justice. We show that the latter are part of the donation/counter-donation exchange and take different forms depending on who is identified as the donor and the recipient.Finally, through these three themata (simple-complex, weakness-strength, justice-injustice) and in social contexts, we highlighted the pervasiveness of social representations that organize individuals’ experiences, views of the world and of themselves, their reliance on social benefits and their social participations. In each themata, the issue of recognition (symbolization) and non-recognition (stigmatization) structures the social representations and practices of relatively poor subjects who benefit from social welfare rights
Pacreau, Xavier. "La légitime défense préventive." Paris 2, 2008. http://www.theses.fr/2008PA020077.
Full textAlassani, Zéinatou. "L'évolution du droit de recourir à la force : vers une reconnaissance de l'« autorisation implicite »." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMR076/document.
Full textThe purpose of this research on the evolution of the right of States to use force in international relations is to show, following a historical approach based on international law, that State practice in this area has changed. Indeed, from the right to "make war" recognized as a sovereign right, passing through the first attempts of its leadership in the nineteenth century, the significant rupture came in 1945 with the creation of the UN; the United Nations Charter has enshrined the principle of the prohibition of the use of force,except for the self-defense and the authorization of the Security Council. However, since no details were given as to the form this authorization of the Security Council should take, as early as 1966, as in the Rhodesian case, the latter explicitly authorized the use of "force". From 1990, he gained confidence with the technique of authorization and retained the implicit formulation of "authorizes Member States to use all necessary means". Though, sometimes a resolution is neither explicit nor implicit, but states intervene,arguing the existence of an implied authorization because of the emergence of theories like"preventive war","war on terror" or "humanitarian intervention". Cases of interventions in 1992 in Liberia, 1999 in SierraLeone and Kosovo and in 2003 against Iraq are illustrators. So, based on the interpretation of Council resolutions, implied authorization tends to become the rule in the maintenance of international peace and security. Therefore, to avoid reducing the jus ad bellum to excessive unilateralism, and by demonstrating the conformity of the implied authorization with the established legal regime of the use of force in international law, we invite the redefinition of this one
Stelter, Christian. "Gewaltanwendung unter und neben der UN-Charta /." Berlin : Duncker & Humblot, 2007. http://catalogue.bnf.fr/ark:/12148/cb412291402.
Full textPeyró, Llopis Ana. "Les relations entre l'Organisation des Nations Unies et les organisations régionales en matière coercitive." Paris 1, 2004. http://www.theses.fr/2004PA010287.
Full textKetari, Leïla. "Le fondement du recours à la force à la lumière des conflits impliquant l'Irak en 1991 et 2003 : entre autorisation et légitime défense." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111024.
Full textThe recent conflicts that involved Iraq in 1990 and 2003 are both conflicts fought primarily by the United States of America against Iraq. If the first is based, despite theright of collective self-defense, on an authorization of the Security Council, in accordancewith an evolutionary interpretation of the Charter, the second is based on a liberal interpretation of the Charter: the implied authorization and preventive and anticipatory self defense to eradicate a threat This research attempts to analyze the arguments put forward bythoroughly vetting the United States of America’s rationale based on its national securitystrategy to act in the international order. Beyond exploring the relationship of the 2003conflict to the new theories which attempt to extend the authorization and self-defense and therehabilitation of old concepts of "just war" or "auto-protection" in force in the NineteenthCentury, the impact of these new theories on the principle of the prohibition of the use offorce was also analyzed. These same theories are neither accepted as lege lata nor acceptableas lege ferenda. Accordingly, the principle of the prohibition of the use of force has in no waybeen breached. Instead of accepting these theories, a way to deal with threats should besought through the strengthening of the role of the UN (both its political and judiciaryorgans)
Bouacha, Mohammed. "De la legitimation de la conduite de politique exterieure des etats a la lumiere de certains cas de recours a la force armee." Paris 5, 1997. http://www.theses.fr/1997PA05D016.
Full textLegitimization processes in the contemporary era reflect the tension between order and justice, tension which can be perceived in the united nations charter and which is persistent under contemporary international law "divided between legitimacy and legality". States which have used force in international relations expressed the will not to depart from the united nations charter paradigm relating to the jus ad bellum for justifying their actions. However, although they proved loyal to this paradigm, states took advantage of the ambiguities of article 2$$4 as well as of the exceptions to this rule, hence eroding the prohibition of the recourse to force. In the same time, states have shown they were interested in promoting "justice". The preference for "justice" over peace has been, in the post war era, the problem that most undermined charter norms on the use of force although. Article 2$$4 has been interpreted in such a way as to justify nearly all kind of recourse to force, there is no common definition of what constitute a "just" cause. States have had recourse to force in order to promote various "just" causes. The end of cold war consecutively to the collapse of communism in eastern countries fortold the emergence of a consensus around "just" causes. In particular, use of power to promote internal self-determination was found to be permissible. Such an evolution foretells a growing international consensus around what constitute an "illegitimate" regime. Legitimacy is normative, it refers to the international covenant on civil and political rights. This consensus is the premise of an emerging belief that it is becoming permissible to use force in order to remove "illegitimate regimes". Some authors refer to the emergence of a "new legal obligation", a new "paradigm", the " pro-democratic" pardigm
Holeindre, Jean-Vincent. "Le renard et le lion : la ruse et la force dans le discours de la guerre." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0023.
Full textThis dissertation is an in-depth study of the cunning /strength dialectics in the war discourse. The approach is that of a genealogy. The research probes into the Greek, Roman, Hebraic and Christian foundations of the strategic thought, then focuses on the way the mastery of cunning at war gradually infiltrated political science (Machiavelli), the law of war (Grotius), and modem strategy (Clausewitz). The dissertation unfolds as a long history of the strategic thought and highlights the fact that it has always acknowledged the contribution of cunning. , which counters the theory according to which there is a "western way of war"(V. D. Hanson) exclusively based on strength, which is to be opposed to an "eastern" model relying on cunning. Indeed, denouncing the enemy’s cunning appears as one essential element in the discourse on "just war" which was inherited from the Romans, in so far as it has always worked as a mighty tactics to legitimize strength. Labelling the enemy a cunning perfidious fighter is a way of turning one's own army into the embodiment of legitimate strength. Both in the political and military arena, cunning and strength are to be regarded as Iwo inseparable essential factors in a strategy grammar, whatever the culture. Cunning and strength are complementary from a tactical, strategic and political point of view; cunning being a multiplying factor for the effects of strength and also a major trait of strategic intelligence. The study naturally leads to an analysis of the contemporary forms of war (wars between nations, irregular wars, civil wars). In today's world, cunning, beside strength, still provides both attack and defence solutions, and it is used both by the "strong" and the "weak"
Jovanović, Miloš. "Légitimité et légitimation du recours à la force dans l'après-guerre froide : Étude de cas : l'intervention militaire de l'OTAN contre la République fédérale de Yougoslavie (1999)." Paris 1, 2010. http://www.theses.fr/2010PA010325.
Full textDavant, Jérôme. "Les incidents liés à la protection juridique des investissements étrangers en Chine : effectivité des voies de recours." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10050.
Full textThe objective of this thesis is to bring insights into the understanding of the evolution of business law in China and in particular on the tools of investment protection used by foreigners in this country. This paper analyses the events related to the protection of foreign investments as well as the efficiency of arbitrative solutions in the case of problems
Michaloudi, Roumpini. "La justification de l'intervention armée unilatérale dans la cadre des conflits intra-étatiques." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA002.
Full textThis thesis examines the arguments and the modalities of justification of the military interventions of States, of the coalitions of the willing and of the regional organizations in the internal conflicts of other States by virtue of the international law, when these interventions take place outside the framework of the UNO. This type of intervention is current nowadays given that the intra-state conflicts constitute the overwhelming majority of world conflicts and taking into consideration the multidimensional crisis of the UNO. The justifications invoked by States as well as by the doctrine aim to legalize or at least to legitimize what would be considered at first sight as an illegal use of force under the law of the United Nations and in particular under the principle of non- intervention in civil wars
Mulier, Thibaud. "Les relations extérieures de l'État en droit constitutionnel français." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D026.
Full textThis study presents constitutional law as an ideal framework to analyze the foreign relations of the State. Through a double standpoint, it examines these relations from the State’s perspective and through the action of the empowered organs of the State. In this way, the study aims to highlight the institutional and normative specificities of State’s foreign relations. When the State establishes diplomatic and military relations at the outer-limits of its borders, it assumes a singular role compared to other political non-state unities. It performs a political function (fonction-fin), as defined by Charles EISENMANN, which belongs to the field of foreign relations. This political function is hold by the State in order to fulfill one basic need of the sovereign collectivity : to establish and to maintain “good relations” outside its boundaries – irrespective of the conflictual or cooperative nature of these relations. Because law and politics are intertwined, the function of foreign relations do not pre-define the distribution of powers within the State. Nevertheless, it exerts some influence on the constituent’s choices and on the practices of the empowered organs. At the interface between the State’s interior and exterior, constitutional analysis enables therefore to reexamine many elements usually taken as evident. This study assesses them and observe its effects. For example, it is possible to nuance the State’s monopoly on foreign relations and, through a historical perspective, to moderate the governmental concentration of the direction of foreign affairs
Détais, Julien. "Les nations unies et le droit de légitime défense." Phd thesis, Université d'Angers, 2007. http://tel.archives-ouvertes.fr/tel-00346398.
Full textEtumba, Longila Boyengo Tristan. "Les opérations de maintien de la paix des Nations unies en République Démocratique du Congo : de la MONUC à la MONUSCO, un champ expérimentation du maintien de la paix ?" Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0015.
Full textThe presence of the United Nations (UN) peacekeeping forces on the territory of the Democratic Republic of the Congo (DRC), from 1960 to 1964, and then later from 1999 to date, witnesses not onlythe political and security crises that shake the country but also the atrocities raging in it. As a consequence, there has beensuch a human and humanitarian toll that particularly caused the death of more than five million Congolese people and the worst crimes ever committed against humanity since the end of the Second World War.From 1960 to 2020, how have peacekeeping operations (PKOs) improved in relation to outcomes on the field? How did the interventions and actions of the UN in the DRC get the international community to envisage a doctrinal and operational transformation of such external interventions?The atypical case of UN interventions and presence in the DRC has forced the UN to many reviews of its intervention and peacekeeping doctrines as supported by article 39 of its charter.Having known almost all types of intervention, the DRC can be considered as the best case of testing groundof UN PKOs - their foundations, evolution and future through a necessary transformation.The use of a transversal methodology involving historical, legal and sociological methods leads to the apprehension and complex understanding of PKOs and is the basis for considering a modeling and a new doctrinal approach.The study of these PKOs with the substantial resources deployed in the DRC by the United Nations - up to nearly 20,000 peacekeepers and officials stationed and more than fifteen billion US dollars spent - shows, in view of the results on the field, the limits of the means policy.The study of PKOs in the DRC leads, by questioning the effectiveness of these interventions in view of the persistence of deadly and still unresolved conflictsby the international community, to revisit the forms of intervention, to initiate a new doctrine of PKOs, “the fourth generation PKOs”.This is one of the objectives of this thesis besides that of building a Congolese memory on peacekeeping operations in the DRC
Zelníček, František. "Podnikatelský záměr – otevření školy sebeobrany." Master's thesis, Vysoké učení technické v Brně. Fakulta podnikatelská, 2011. http://www.nusl.cz/ntk/nusl-223184.
Full textBernadskaya, Elena. "La sentence arbitrale internationale : contribution de droit processuel comparé (droit français et droit russe)." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30084.
Full textThe arbitral award is a complex legal notion, sharing characteristics with the contract, the jurisdictional act and the judicial decision. Indeed, the jurisdictional dimension of the arbitral award has now been admitted, though, because of its contractual source, it is still considered as a private legal act. The legal regime of this jurisdictional act is therefore influenced by a contractual bias – as from the arbitrators’ appointment up to the enforcement of the arbitral award. A comparative approach shows that the arbitral award’s notion and legal regime are differently considered in French and Russian laws. The differences lie mainly in the interpretation of the legal qualification criteria, though the latter are similar in the two legal systems. The purpose of this analysis is to identify the said differences through the study of the arbitral award’s notion and legal regime in French and Russian laws, which might lead to consider that the specificity of the arbitral award should be preserved instead of considering the award as a judicial decision
Metangmo, Véronique Michèle. "Le crime d'agression : recherches sur l'originalité d'un crime à la croisée du droit international pénal et du droit international du maintien de la paix." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00790864.
Full textHubert, Olivier. "Aspects procéduraux de la contrefaçon de brevet d'invention." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30057.
Full textThe procedural law of patent infringement action is not an autonomous law. Indeed, if patent infringement action largely depends on its own procedural rules, it also relies on a multitude of rules belonging to more general normative systems, such as, in particular, the private judicial law, property law, contract law, or human rights. The patent infringement proceedings, which fundamentaly depends on private judicial law, integrates some specific rules, which thus give it a unique legal physionomy. Only the study of the relationship between these different normative systems at each stage of both the action and the proceedings, clarifies the procedural aspects of the action of patent infringement and secure as well as protecting litigants while exercizing their rights
Abuhamoud, Alshiabani. "L'ingérence pour la démocratie en droit international." Thesis, Tours, 2010. http://www.theses.fr/2010TOUR1002.
Full textThe 2003 war against Iraq has focused attention on a problem that has been latent since the French Revolution in 1789. It is about the question whether international law allows states to intervene in the internal affairs of one another in order to overthrow non-democratic regimes and to establish democratic regimes in their place. The emergence of the United States as a superpower has led to a boost in the practice of this kind of intervention called the pro-democratic intervention. In believing that it has a manifest destiny and in believing in the universality of its principles, the United States has, since its creation, an interventionist foreign policy based on the right- supposedly universal- to intervene against despotic regimes. The war against Iraq is the latest example of a long list of American interventions in the internal affairs of other states considered as non-democratic states
Al, Hadad Ibrahim. "Le droit international à l'épreuve des grandes puissances : légalité et illégalité des interventions militaires." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100042/document.
Full textThe end of the cold war, marked by the agreement between the five major permanent member states of the United Nations Security Council, instead of a decline in their external military interventions, has, on the contrary, increased in number, which detracted from the general rule, considered as an imperative norm Qus cogens), that of the prohibition of the use of force in international relations. Despite the attempts to justify the various large-scale interventions carried out in the name of collective security (interventions authorized by the Security Council) or unilaterally, they have departed from the requirements of international law and the United Nations Charter. As a result, they appear to be in varying degrees to illegal actions. Indeed, they have been based on extensive interpretations of the Charter or on the breach of it or even in violation of the resolutions of the Council Security itself, as can be seen from the major interventions carried out in IRAK by the allies in 1991, those of NATO in KOSOVO in 1999, the US in AFGHANISTAN, through the US and British occupation of IRAQ in 2003, the intervention of Russia in GEORGIA (2008), NATO in LIBYA (2011) and that of FRANCE in MALI (2013). This did not fail to revive the debate, recurrent in the international bodies concerned, on the need to reform the Security Council (enlargement of its composition and regulation of the veto) as well as to establish a real contrai of legality on its acts
Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
Full textIn spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
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 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
Binet, Éric. "Psychopathologie du trauma et syndrome de Münchhausen par procuration : de la notion de clivage à celle de dissociation, de l’approche psychanalytique aux psychothérapies EMDR et ICV Un cas de maltraitance étrange : cyanose d’origine exogène d’un orteil chez un bébé de 13 mois et deuil pathologique au cours de la petite enfance Les pleurs de la petite enfance : une question d’attachement 1/2 Les pleurs de la petite enfance : une question d’attachement 2/2 Difficultés rencontrées dans les prises en charge thérapeutiques et/ou sociales de situations familiales caractérisées par un Syndrome de Münchhausen Par Procuration. Syndrome de Munchausen Par Procuration (SMPP) en périnatalité Recourir à la loi dans les cas de syndrome de Münchhausen par procuration : une solution face à des parents à l’abri de tout soupçon Le syndrome de Münchhausen, une maltraitance par excès de soins Le syndrome de Münchhausen par procuration : une nouvelle forme de dysparentalité transgénérationnelle Le syndrome de Münchhausen Par Procuration : mères et médecins au-dessus de tout soupçon Le syndrome de Münchhausen Par Procuration, Essai de compréhension psychologique Syndrome de Munchausen Par Procuration (SMPP) et EMDR (chapitre 41) Qu’est-ce que l’Intégration du Cycle de la Vie ? Principaux protocoles en ICV Intérêt et limites de l’Intégration du Cycle de la Vie (Lifespan Integration) auprès d’adultes victimes du Syndrome de Munchausen Par Procuration pendant leur enfance Spécificités du thérapeute ICV Aménagements de processus défensifs et mobilisation des affects en crèche, étude clinique et analyse psychodynamique Le syndrome de Münchhausen L’accompagnement du deuil du conjoint chez le sujet âgé par l’Intégration du Cycle de la Vie." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0332.
Full textThis thesis based on previous publications retraces clinical interventions and brings together written materials (15 articles, monographs and a book) spanning a period of 20 years on a form of intrafamilial abuse exploiting the medical field: the Munchausen Syndrome by proxy.Since our first encounter with a case of MSbP in 1996, we have learned to think about early childhood trauma using different psychopathological models and distinct clinical approaches (psychodynamic, EMDR, Lifespan Integration) in search of a fertile dialectisation and, over time, have committed to a trans- and inter-disciplinary perspective based on psychodynamic, cognitive and neurophysiological hypotheses to understand traumatic phenomena. From there interest in studying the line of thought involving epistemological fields assumed at first glance to be opposites reflects an evolution of clinical practice in describing how patients – authors or victims of MSbP have benefited from this dynamic. Composed of three parts, the first part of this thesis is devoted to a general presentation of the psychopathology of trauma and early distress taking into consideration the conceptual developments treated throughout our writings. The second part, centered on MSbP focuses on its semiology and etiology, medical and psychopathological terminology as well as the multidimensional interventions necessary for its treatment. The third part is dedicated to different psychotherapeutic approaches that we have used in treating patients, adults or children involved with MSbP. This last part gives rise to an understanding of how the concepts of splitting and dissociation can be revisited and integrated into a neuropsychological developmental perspective. Characterized by an epistemological framework based on a theoretic and therapeutic pluralism, this experience is shared with the desire of encouraging a psychopathological approach including complementarity, intersubjectivity and phenomenology
Brunhoff, Jean-Éloi de. "Étude historique des règles limitant le recours à la force en droit international." Thèse, 2007. http://hdl.handle.net/1866/3983.
Full textCurrent rules restricting military recourse in international relationship have, mostly, old historical origins. They have been shaped by the inheritance of a lot of authors and theories, as for example, the medieval doctrine of the just war. From Antiquity to the most recent developments of international law, through Middle Ages and Modern times, this study focuses on the historical sources of contemporary rules to help today's reader to understand international war law, and to help him to appreciate the justice of a war. Notions of legality and legitimacy have been chosen to highlight the most revealing rules in force.
Ekomodi, Totshingo Patrice. "L’autorisation de recourir à la force accordée par le Conseil de sécurité des Nations Unies." Thèse, 2009. http://hdl.handle.net/1866/4041.
Full textAuthorization to use force is a practice whereby the Security Council allows member States of the United Nations or regional arrangements or agencies or the Secretary General of the United Nations to use military coercion. Such authorization circumvents the wrongfulness of using force in international relations as prohibited by article 2, § 4 of the UN Charter. It is obvious that this practice does not match the letter of the Charter, but it derives its legitimacy from the fact that it allows the Security Council to fulfill its primary mission of maintaining peace and security, since the system of military coercion under the Charter is inapplicable in practice. Nonetheless, this practice is marked by ambiguity: sometimes it appears as a UN intervention, and yet sometimes as a unilateral action of certain powers capable of conducting major operations. This ambiguity is exacerbated by the issue of presumed consent to intervene in various conflicts that some States attribute to the Security Council. In fact, the practice of authorization reinforces a hawkish tendency that characterized earlier periods. It can, if unchecked, undo the legacy of the law against war (jus contra bellum) of the twentieth century, which was the fruit of much effort in the history of international relations. The most serious danger is that hard-won negotiated achievements be thrown easily overboard and without delay, in order to serve short term goals.
Francoeur, Marie-Ève. "Voir pour croire, texte illustré destiné au théâtre : la résistance à la forme dramatique par le recours à l'image." Mémoire, 2008. http://www.archipel.uqam.ca/1747/1/M10661.pdf.
Full textBen, Flah Anis. "Essai de synthèse des nouveaux modes de légitimation du recours à la force et de leurs relations avec le cadre juridique de la Charte des Nations Unies." Mémoire, 2008. http://www.archipel.uqam.ca/1078/1/M10488.pdf.
Full textTurner, Allison. "Defining the crime of aggression : cutting the Gordian knot ?" Thèse, 2005. http://hdl.handle.net/1866/2354.
Full textThe crime of aggression is one of the four international crimes under the jurisdiction of the ICC. When delegates at the Rome Conference were unable to agree on the content of a definition, the crime was left undefined. As a result, the ICC can only begin prosecuting individuals for the crime of aggression once a definition is adopted by the Assembly of States Parties in 2009, at the earliest. This thesis examines three issues associated with the crime of aggression: the question of individual criminal responsibility, the role of the UN Security Council and the general scope of the definition of the crime of aggression itself Individual criminal liability is reviewed, inter alia, from the perspective of international sources doctrine. Regarding the role of the Security Council in relation to the crime of aggression, the author concludes: if the Security Council is vested with more powers than it already has under Articles 13(b) and 16 of the Rome Statute, each permanent member will have a veto over any situation of aggression that might otherwise be brought before the Court. This would result in a complete politicization of the ICC and render moot any future definition of the crime of aggression. If a definition for the crime of aggression is properly conceived and constructed, it is argued, there is no need to further limit the Court's exercise of jurisdiction. The author proposes general parameters for the scope ofthe definition based on conclusions reached in the analysis of the conceptual components of aggression. At its essence, the act of aggression is the unnecessary, unlawful use of force which constitutes a breach ofthe peace. Unless employed in "self-defence" or under a Chapter VII mandate, the use offorce constitutes prima facie an act of aggression, and if it is sufficiently grave, a crime ofaggression. This thesis concludes with a working definition ofthe crime of aggression to promote dialogue and ultimately a consensus on these core issues. Not only is a definition is within reach, the author believes, we are closer to it than we ever have been before.
"Mémoire présenté à la Faculté des Études supérieures en vue de l'obtention du grade de LL.M. en Maîtrise en droit Option recherche"
Cardinal, St-Onge Stéphane. "Les répercussions de la responsabilité de protéger sur le droit international public." Thèse, 2017. http://hdl.handle.net/1866/19410.
Full textThe Responsibility to Protect was elaborated in 2001 by the International Commission on Intervention and State Sovereignty following the controversies surrounding humanitarian interventions lead during the 1990s. The Responsibility to Protect aimed at reconciling intervention for human protection purposes and sovereignty in order to ensure the universal protection of civilian populations, notably through the Security Council, while respecting the principles constituting the foundation of the international society based on the Charter of the United Nations. Since its acceptance by the 191 Member States of the United Nations during the 2005 World Summit, the concept has become a subject of first importance at the international stage. The implementation of the Responsibility to Protect by the Security Council in 2011 during the Civil War in Libya and the post-electoral crisis in Ivory Coast has put the concept on the headlines of the international news. Our thesis aims at determining the juridical repercussions that the Responsibility to Protect had on the State Sovereignty principle and on the institutional functioning of the Security Council.
Blondin, Stewart Daniel. "La fonction de l'intervention des tiers en droit judiciaire privé québécois." Thèse, 2012. http://hdl.handle.net/1866/9184.
Full textThis study is a characterization of the procedural mechanism allowing intervention or joinder of third parties in Quebec's civil procedure law. Consisting of three parts, it traces the history of this procedure, revealing its perennial longevity (Part one). A theory of its contemporary function is proposed, according to which its legal validity rests on its legitimacy and usefulness (Part two). Finally, the place of third party intervention in civil procedure law reform is analysed from a sociological and comparative standpoint, exposing its fundamental incompatibility with ADR (Alternative dispute resolution) and finding that the judicial power–in foreign law–to order intervention as of right is a safegard against unfairness worth incorporating into Quebec's procedural law (Part three).