Dissertations / Theses on the topic 'Souveraineté – Droit'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Souveraineté – Droit.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Montfort, Pascal. "La convention européenne des droits de l'homme et le droit français de la fonction publique : entre souveraineté de l'Etat de souveraineté du droit." Lyon 3, 2006. http://www.theses.fr/2006LYO33052.
This document is destined to analyse the effect the European Convention on Human Rights has on civil service law. Under traditional international law, this is an area that normally falls under the jurisdiction of the state. Generally, a civil servant is regarded as a citizen with limited rights and freedom. By not remaining bound by the definition of a civil servant as laid down by the Court of Strasbourg, this research establishes the extent of possible restrictions that could be applied. It demonstrates that European Convention law applies in a specific manner to State agents and its dismembering. By analysing the fundaments of European Convention law and studying it empirically one is able to identify and determine a common law pertaining to fundamental professional rights and freedom in defence of the civil servant throughout his/her career. This new legal ground has an impact on French civil service law. It is gradually replacing constitutional, legislative and regulatory sources for civil service legislation. Legal texts are being interpreted differently by people using different strategies. As a result we note changes in civil service law particularities : progressive processing of staff management within the civil service as well as formal and material evolvements of the administrative legislation applicable to civil servants. As far as fundamental rights and professional freedoms are concerned, ordinary law is now setting a new juridical framework for civil service
Levade, Anne. "Souveraineté et compétences des États." Paris 12, 1997. http://www.theses.fr/1997PA122020.
Le, Barbier Alexis. "Union monétaire et souveraineté." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0010.
The concept of sovereignty has three meanings : formal, material, and organic. Nevertheless, the identification of the attributes of sovereignty under the material meaning is never justified. The purpose of this thesis is to study the relationships between these different meanings of the concept of sovereignty, focusing on one of the attributes of sovereignty : the right to coin money. To better isolate it, this work focuses on currency unions using a historical and comparative method. At the end of this study, it appears that the three uses of the concept of sovereignty can only be linked to each other from a teleological point of view. This reveals the justificatory character of the concept of sovereignty, which is therefore not purely descriptive
Degroote, Fabrice. "Droit de la mer et souveraineté de l'État." Paris 1, 1996. http://www.theses.fr/1996PA010254.
After the second world war, the world's seas and oceans progressively evolved from open areas of unhindered transportation and economical exploitation to attractive and highly coveted new business frontiers. Coastal states were primarily interested in asserting their legal and economical rights over mineral and seafood resources. A new law of the seas was enacted which paved the way for nationalism and unilateralism at sea. The 70s saw this "nationalistic" trend build up on the part of coastal states. In the aftermaths of decolonization, the seas were essentially perceived as a means of national development, prioritarily aimed at the populations. As territorial claims were pressed during the 80s, maritime territories shaped up. Will the 90s be regarded as the years of an internationalization of sea resources? Will they permit recognizing that mankind has common rights over the universal assets which unappropriated seas and related resources constitute? Or will they rather evidence a new progression of nationalism towards the high sea?
Haquet, Arnaud. "Le concept de souveraineté en droit constitutionnel français." Paris 1, 1998. http://www.theses.fr/1998PA010255.
The present study aims at defining the legal principle of sovereignty. Today, the meaning of this fouding concept of french constitutional law is being discussed. Its original, so rigorous featu, res are called into question because of the emergence of normative powers separate from the state's own power. Besides, a reexamination of the influence of the concept of sovereignty is ne, cessary, considering the differing evolution of some elementary concepts of constitutional law. Until now, the doctrinal definition of the concept of sovereignty was established with dogmatic reflections. However, the subjectivity of this approach obscured the meaning of this constitutional principle. It appears, then, necessary to carry out a legal study of this subject-matter. In this con, text, the definition of the principle will be directly completed throug the study of the constitutions, and explained in the light of their preliminary works and the interpretations suggested by the constitutional judges. Of course, these legal processes will not leave the theories of soverei, gnty. However, these ones will be mentioned only if it appears that they contribute to establish the meaning of the constitutional principle of sovereignty
Gelas, Hélène. "Procédure contentieuse internationale et souveraineté étatique." Paris 2, 2004. http://www.theses.fr/2004PA020004.
Zinamsgvarov, Nicolas. "Droits fondamentaux constitutionnels et souveraineté de l'État français : recherche sur la souveraineté de la Constitution française dans le système juridique national." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40045.
Does the State has a future as a juridical expression of political power ? We can reasonably solve this major Public Law issue only by highlighting the very nature of the French model of State. To do so, this work aims at proposing a new doctrine of Sovereignty Souveränität) grounded on the links between fundamental rights (Grundrechte) and State Sovereignty (Staatsouveränität) within the national judicial system. Though, on the one hand, knowing that the national judicial system is from now on structured by both a formal normative hierarchy and a substantial hierarchy of fundamentality, and on the other hand, knowing that the nature of its sovereign norm constitutes the gauge of the institutional configuration of the political society model of organization, the object was actually to enhance the existence of a fundamental juridical rule within the national judicial system in order to confirm or cancel a model of Rule of Law. Analyzing both theoretical and practical consequences, the thesis here defended is that the French Rule of Law presents a configuration of a State of Constitutional Law, the conclusion can be reached by offering a new construction of the French Constitution sovereignty principle within the national judicial system
Nguyên-Duy, Iris. "La souveraineté du Parlement britannique." Paris 1, 2007. http://www.theses.fr/2007PA010275.
Achilleas, Philippe. "La télévision par satellite entre liberté et souveraineté." Paris 1, 2000. http://www.theses.fr/2000PA010359.
Chaltiel, Florence. "La souveraineté de l'Etat et l'Union européenne : l'exemple français." Grenoble 2, 1999. http://www.theses.fr/1999GRE21005.
State sovereignty and european union have dialectical links. Sovereignty gives union its foundations, whereas union gives sovereignty some new foundations. State sovereignty is usually considered as an obstacle as far as international law is concerned, because it means that state monopolizes the law production and controls international law. But such a climax conception of sovereignty conceals the reality of international society which european construction is initially a matter of. Sovereignty is the condition of european union as it both allows and limits this community. From now on, european union owns means of existing such strong as it gives other foundations to state sovereignty. The main idea of the thesis is to show the birth of a european sovereignty that does not erase state sovereignty. The starting point of this reflexion is a new reading of jean bodin in terms of a divisible and relative sovereignty. It is justified by the detection of some real clues of a european sovereignty from a new rule of law and political entity. It seems that european union exercises a legislative power on a population and a territory. It leads to a legal theory of european union and a study of the transformation and definition of france as a member state of european union. This definition shows a collective sovereignty, which is a huge stake for france. It shows the existence of an individual sovereignty around a hard core. If this hard core should disappear, state would becaume a federate entity. But this legal theory of member state leads to assert the persistence of this core
Park, Ki-Gab. "La protection de la souveraineté aérienne." Paris 2, 1989. http://www.theses.fr/1989PA020085.
The air sovereignty is a legal title by which every state exercise his complete and exclusive territorial jurisdiction over the air space above its territory and territorial water. Our study permits to acquire a good understanding of the problems of the legal status of the air sovereignty, the infringement of the air sovereignty and the means to protecting this sovereignty
Lepoutre, Jules. "Nationalité et souveraineté." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D007/document.
This work aims to review the relationship between nationality and sovereignty. The bond between these two legal notions has repeatedly expressed itself as an absolute power of the State to determine which individuals it considers to be its nationals. Accordingly, nationality is widely selected to exemplify a State’s power with a high (if not the highest) degree of liberty. However, does this sovereignty “dogma” in nationality law still reflect current positive law? To further contribute to the debate, this thesis needs to examine – through a study of French domestic law, European laws, and International law – both the scope of the State’s jurisdiction and the discretion of its power. Then, results show that nationality law, because ofhistorical developments and contemporary transformation, is no longer able to express itself as a sovereign power. The connexion of nationality with the territory, its integration in the field of human rights, and the growth of judicial review are altogether eroding and erasing the State’s freedom to grant, deny or revoke nationality
Lepoutre, Jules. "Nationalité et souveraineté." Electronic Thesis or Diss., Université de Lille (2018-2021), 2018. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247201174.
This work aims to review the relationship between nationality and sovereignty. The bond between these two legal notions has repeatedly expressed itself as an absolute power of the State to determine which individuals it considers to be its nationals. Accordingly, nationality is widely selected to exemplify a State’s power with a high (if not the highest) degree of liberty. However, does this sovereignty “dogma” in nationality law still reflect current positive law? To further contribute to the debate, this thesis needs to examine – through a study of French domestic law, European laws, and International law – both the scope of the State’s jurisdiction and the discretion of its power. Then, results show that nationality law, because ofhistorical developments and contemporary transformation, is no longer able to express itself as a sovereign power. The connexion of nationality with the territory, its integration in the field of human rights, and the growth of judicial review are altogether eroding and erasing the State’s freedom to grant, deny or revoke nationality
Castella, Cécile. "Souveraineté de l'Etat et pouvoir de punir." Toulouse 1, 2009. http://www.theses.fr/2009TOU10009.
Facing the development for the international standards, the sovereign State would no longer control his power to punish. Nevertheless, we could have expected that the criminal law, the royal prerogative, resists to this intervention of the international standard. It is not the case : the power to punish is not particularly protected. On the contrary, it even appears to be a ground of preference on which grow the international standards. International criminal courts, European warrant for arrest, European law, human rights, harmonization of the repressive rights seem to question the intimate link uniting power to punish and sovereign State. Nevertheless, the assertion seems only partially true, if we consider the sovereignty as a freedom rather than a power. The ambivalence of the international standards affecting the power to punish appears then clearly. On one hand, they affect of the freedom of the State to exercise its repressive jurisdictions. By diverse processes and acoording to various logics, they develop a form of constraint, moderate, which deprives the state authorities of a part of their discretionary power of appreciation. On the other hand, these international standards assert the sovereignty of the State because after all, they demonstrate that it finds its limits only in its own consideration. The international law expresses the sovereignty, in organizing the relations between States as well as in protecting them from each other. This demonstrates the continuity of the sovereignty, understood as the capacity, either to pratice but to have the power to punish
Sohnle, Jochen. "Le droit international des ressources en eau douce : solidarité contre souveraineté." Université Robert Schuman (Strasbourg) (1971-2008), 2000. http://www.theses.fr/2000STR30009.
Conflicts on freshwater resources will increase in the 21st century. Such conflicts, based on claims of absolute State sovereignty, can be prevented and controlled by international law. For this purpose, this thesis presents the concept of solidarity which can be realised in two ways : by a broad internationalization of the object of international freshwater resources law and by sharing competences between the subjects of this law. A tendency for spatial expansion of the object is becoming manifest. Starting from the international rivers, current international law deals with larger approaches, such as the riverbasin or the transnational hydrographical system. These approaches can be extended to the management of the hydrosphere which ignores borders and includes internationalized spaces. Legal freshwater management, initially limited to quantitative and qualitative aspects, has to integrate issues such as economic development, international security and theoretical aspects of international law. The sovereignty of a State is limited by other subjects of international law. Obligations between States are becoming more concrete, especially thanks to the recent conventions on the law of the uses of international watercourses. Inter-, para- and infra-State bodies dispossess States of a part of their sovereignty. A paradigrn change results from the emergence of competences of individuals, their groups and humankind
Troianiello, Antonino. "Raison d'État et droit public." Le Havre, 1999. http://www.theses.fr/2000LEHA0050.
Gras, Marie-Claire. "Souveraineté de l'État et droits de l'homme : les leçons de l'Amérique Centrale dans la decennie 80 : étude sur l'impact de l'environnement juridique et le rôle de l'action internationale, en faveur du respect des droits de l'homme en période de troubles internes." Clermont-Ferrand 1, 1997. http://www.theses.fr/1997CLF10189.
By studying four central American stats which have experienced various periods of internal unrest during the nineteen eighties, this thesis reflects on the occurrence of massive human rights violations during these periods, violations which persisted despite the existence of adequate legal mechanisms for the protection of rights both at the international and internal level. It analyses the political factors which can explain these crises and the ensuing human rights violations and concludes that the main cause of this unrest is the lack of state sovereignty. If the state cannot enjoy popular legitimacy and needs to resort to the use of force to ensure its power, the rule of law collapsed and human rights are threatened, no matter how sophisticated the legal protecting environment. From this can be drawn guidelines for more successful international action in favor of human rights in times of internal unrest. Examining the whole range of international action, governmental and non-governmental, it appears that neither purely legal action nor human rights action which in reality seeks to maintain the politico-social status quo can be really effective. The only positive action is the one which seeks to tackle the roots of the unrest. This explains the inadequacy of the various “fire brigade” interventions which can provide immediate relief but only at a superficial level. All in all, lobbying those forces capable of influencing the political settlement in these countries appears theoretically to be the best action for individuals. However, to be fruitful, this kind of activity implies a general consensus on human rights objectives which in reality proves difficult to achieve
Zoubeidi-Defert, Yanis. "La liberté des partis politiques : entre souveraineté et État de droit." Besançon, 2008. http://www.theses.fr/2008BESA0003.
At first glance, political parties' freedom appears to be an obvious notion in modern democraties. Yet, the ideological bases on whitch they rely have by essence been factor likely to question the socio-political reality. Thus, political partie's freedom was margenalized. The integration of political pluralism by society allowed the understanding and the acceptance of their going through tensions that parties have crystellized. And the political monis of sovereignty is contrebalanced by pluralism
Reiche-De, Vigan Stéphanie. "Le droit et l'espace souterrain. Enjeux de propriété et de souveraineté en droit international et comparé." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3044.
Until today, there has been little interest of international Law concerning the earth’s subsurface, as the space that extends from the surface of the soil or of the seabed to the center of the earth. On the one hand, there is no rule of international law that regulates the use Sovereign States have of their territorial subsurface. It is currently understood that subsburface activities and property law that regulates them, are within domestic jurisdiction only and do not come under international law scrutinity as they waive the exercice of an absolute independance of States. On the other hand, the existing rules of international law that regulates extraterritorial subsurface, notably the seabed and ocean floor and subsoil thereof beyond national jurisdiction and the Antarctic, consider the earth’s subsurface mostly in terms of use and exploitation of mineral resources. Faced with the evergrowing uses of the subsurface that are solely used for extraction or for injection and storing, and regarding the impacts of some underground activities on the environment and on human rights, International Law must play a role by regulating the content and extent of rights that are exercised over the earth’s subsurface inside and outside territorial jurisdiction for development and protection purposes
Bal, Lider. "Le mythe de la souveraineté en droit international : la souveraineté des Etats à l'épreuve des mutations de l'ordre juridique international." Phd thesis, Université de Strasbourg, 2012. http://tel.archives-ouvertes.fr/tel-00721073.
Sur, Emmanuel. "Contribution à une théorie juridique de la souveraineté nationale." Bordeaux 4, 1998. http://www.theses.fr/1998BOR40026.
Actually, the notion of sovereignty easilly becomes a pretext to vouch for political or philosophical convictions. That is why our thesis tries to investigate how this notion, well known as collecting all kind of passions, can be the subject of a legal theory. It is well to establish in the first part that the basic concepts of the voluntarist meaning of sovereignty have nothing to do with a legal theory of sovereignty, since they only deal with political considerations. The notion of sovereignty cannot be identified in account of notions like will or power ; it just can legally be identified as the constitutional form of politics. It can be established in the second part that there are legally no such things as the thesis according to which constitution would be the material basis of political power. There are some formal and logical principles encircling political power, but the material meaning of the notion of constitution is not to be found. A formal analysis of the exercice of sovereignty through political representation takes place in the third part. It is well to notice that there are several actors of political representation. But it is also well to notice that the famous question including the relations between the state and the european union is not a question of divided power, or divided sovereignty, but a question of constitutional form of politics. The power of decision exercised by e. U. Can indeed be imputed to the state, but it gets futher away from the republican model which has always been the heart of the french conception of state
Lévesque, Marie Claude. "Investissement direct étranger, souveraineté nationale et développement : l'exploitation et le commerce du cuivre au Chili." Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27108/27108.pdf.
Vulpillières, Camille de. "Les portes de la loi : souveraineté, droits de l'homme, hospitalité : quel(s) droit(s) pour les étrangers ?" Thesis, Paris 10, 2019. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2019/2019PA100137/2019PA100137.pdf.
This work aims at analysing how contemporary French and European migration law struggles to truly guarantee subjective rights to foreigners. This difficulty is reflected both in the legal dispositions themselves, through a restrictive legal regime, and in administrative practices, through their recurrent challenge to rights that are officially recognized. We assert that this phenomenon, by which migration law contradicts the norms of contemporary liberal democracies and the rule of law, is due the balancing between State sovereignty and individual rights of foreigners: preserving one therefore necessarily means weakening the other. In the first part, we conduct an empirical study of the texts and practices of migration law to show that it is structurally unbalanced in favour of State sovereignty. The second part intends to propose a way out of this antinomy to truly coordinate state sovereignty and the individual rights of foreigners, in the form of a principle of hospitality. We try to show that this principle derives from the implications of the modern notion of law and its claimed function of pacifying interactions. Our PhD thesis therefore engages in a dialogue between a diagnosis of the dysfunctions of an empirical field of law and a critical and normative approach based on the immanent logic of social practices
Maitrot, de La Motte Alexandre. "Souveraineté fiscale et construction communautaire : recherche sur les impôts directs." Paris 5, 2004. http://www.theses.fr/2004PA05D002.
Abdalla, Marianne. "Recherche sur la souveraineté du Vatican." Thesis, Bordeaux, 2019. http://www.theses.fr/2019BORD0448.
The uniqueness of the Vatican State is undeniable for the Holy See sovereignty in international law. A comprehensive constitutional law study of the power functions, the legal system, and the territory administration allows to analyze the Pope authority of the land. The pontifical sovereignty notion is particular to the Catholic Church. It is based on a religious authority and a temporal power. The two organizations operate simultaneously and are inseparable, nonetheless they could be distinguished. A thoroughly examination of the temporal power system in the Vatican State points the differences from other States. Expressly, the religious authority is superior to temporal power. The history of the institutionalization of the Church identifies all the numerous definitions. The Vatican City State and its elements: power, people and territory form an integral part of the pontifical sovereignty exercise. Will it need a pragmatic or theological constitutionalism? The thesis argues the expansion and the limit of the Vatican sovereignty
Pataut, Étienne. "Principe de souveraineté et conflits de juridictions : étude de droit international privé." Paris 1, 1997. http://www.theses.fr/1997PA010309.
The aim of this thesis is to show that when the state is involved in private legal relations, i. E. When the states sovereignty is at stake, this has an important impact on jurisdiction and on enforcement of foreign judgments. First of all, one must look at the influence of sovereignty on choice-of-law, to show that when interest of state is involved, the choice-of-law rule is by essence a unilateral one. The examples taken here were the mandatory rules and the choice-of-law rule based on nationality. Looking at the influence of sovereignty on jurisdiction, it can be argued that jurisdiction should be given to the courts of the country which has its sovereignty involved. To give the scope of such a rule, a comparison with the choice-of-law rule is relevant, since the sovereignty implies that a state imposes both the application of its own law and the competence of its own courts. Again, the examples of nationality (with specific reference to the articles 14 and 15 of the civil code) and to the lois de police were taken. Looking then at the question of enforcement of foreign judgements, the concept of sovereignty can be used to analyze the notion of exclusive jurisdiction, showing that it is used when the aim is to respect the preeminent competence of a legal order. This gives an argument in favour of some rules allowing a better coordination between legal systems. When the exclusive jurisdiction is not a workable solution, the concept of sovereignty can lead to an argument in favour of a certain control over the law applied by the judge of origin. This control can be seen as a substitute for the exclusive jurisdiction, allowing the respect of both interests of the state and interests of the parties
Tourny, Eve. "La lutte contre la criminalité informatique bancaire : approches de droit comparé et de droit international." Nice, 2011. http://www.theses.fr/2011NICE0014.
Hannoun, Charley. "Le droit et les groupes de sociétés." Paris 10, 1988. http://www.theses.fr/1988PA100054.
The subject of this research is to bring out an explanatory theory of the relations between law and groups of companies. The initial intuition is that group's rights can't be separated from the general structure of contempory law. The general principle of "gouvernementalite" deducted from philosopher Michel Foucault’s analysis has since led us to observe the emergence of a new juridical system: the naturel economic right its two basic aspects: the search of balance and the economic and social "police". The law crisis thus should be the mere expression of the transition between two underlying rationalities: the "souveraineté" and the "gouvernementalité". Reinterpreted in the light of this analysis, the groups’ right shows the will to adjust two imperious contradictions: the maintenance of society’s autonomy principle and the acknowledgment of the groups. It arises from this the functional and relative character of the notion. On the basis of this rationality we have then tried to build, in a more technical way, a theory of corporate bodies’ transparency able to precise the criterion by which can be discussed the society’s autonomy principle to the benefit of economic unity. This notion draws nearer to other known notions like simulation, fraud or appearance. In that manner can be withdrew a lot of doubts concerning the groups law
Mortier, Pauline. "Les métamorphoses de la souveraineté." Phd thesis, Université d'Angers, 2011. http://tel.archives-ouvertes.fr/tel-00689320.
Bouzoubaâ, Abdelali. "L'Etat souverain entre le principe de la non-intervention et le droit d'ingérence." Perpignan, 2008. http://www.theses.fr/2008PERP0808.
Kharouf-Gaudig, Rana. "Le droit international de l'eau douce au Moyen-Orient entre souveraineté et coopération." Paris 5, 2008. http://www.theses.fr/2008PA05D012.
As a vital element in multiple respects, fresh water takes on a major legal dimension when it crosses international borders and links riparian states in situations of interdependency. Due to environmental, climatic, demographic, economic, and political factors, the evolution of such mutual dependency has been especially detrimental in some Middle East basins. Based on an analysis of the international law governing the sharing of international waters, this thesis points out the legal deficiencies that make it difficult to manage the more critical basins, i. E. The Euphrates, Tigris, Jordan, and Nile basins. In this analysis, emphasis is laid on international groundwaters, which are particularly threatened by over-exploitation and pollution. The result of a conventional system governed by customary international law, international agreements on water are characterised by a disputed theoretical foundation, and their application, dominated by the insistence on the notion of sovereignty disregards recent developments in the international law of fresh water resources. In order to be able to respond to the challenge of water shortages in the Middle East, international water law must take all of the latest ecological, economic, and demographic data into account, while getting rid of politically-oriented considerations which turn inter-state negotiations and co-operation into a source of conflict. By dictating limits to state sovereignty over water resources, by strengthening inter-state solidarity, international fresh water law will help to resolve existing conflicts and prevent new ones from arising. Governmental and non-governmental international organisations have an important role to play in this process, the outcome of which must be the elevation of water right to the status of an inalienable human right. Protected by international law and considered as part of the common heritage of mankind, water will encourage states to ! co-operate harmoniously, thus becoming a peace catalyst
Hadj, Khalifa Hachemi. "Les sanctions économiques en droit international contemporain." Nice, 1995. http://www.theses.fr/1995NICE0012.
Pinilla, Erwan. "Données de santé, dynamiques et enjeux de souveraineté." Electronic Thesis or Diss., Strasbourg, 2023. http://www.theses.fr/2023STRAA015.
Aim of this research is to identify the dynamics of “health data” in the field of digital sovereignty: who can use it to describe and explain situations, predict trends, and induce individual and/or population, or even States, behaviours ? What is – and should be legally protected, and how ? We here report on and analyze the overflowing of historical approaches to regulation, due to the diversification of players, techniques and uses ; the multiplication of data sources and their dissemination, the shaking of legal categories despite their recent establishment ; the porosity of national and joint systems, due to conventional or agressive interactions. As a result, we analyze the accelerated advent of new rules at European level in traditionally regalian fields of cyber infrastructure, qualifications (data, technologies, uses), and mutual guarantees against interferences. Other challenges call for in-depth insight (such as reidentification & synthetic data), in an era where for long technological domination is no more a prerogative of States, and where geopolitics has been extended by new tools and practices
Gindre, Emmanuelle. "L'émergence d'un droit pénal de l'Union européenne." Paris 1, 2008. http://www.theses.fr/2008PA010332.
Saada-Gendron, Julie. "La souveraineté face à la scène internationale. Usages du concept de guerre dans l'élaboration de la loi naturelle et de la souveraineté chez Hobbes et quelques-uns de ses prédécesseurs." Lyon, Ecole normale supérieure, 2004. http://www.theses.fr/2004ENSF0012.
If the principle of sovereignty has acted as a principle of individuation of historical peoples (M. Foucault), it seems necessary to clarify the constitution of interstate Law, in order to understand the formation and the foundation of state sovereignties. It is not just a matter of understanding the institution and functionning of the States from an exterior point of view, but also to assert the validity of a Law which cannot be reduced to its condition (the coercive power which is, according to M. Weber, the essence of Law); to think the spatial dimension of Law beyond territorial adherence (against C. Schmitt's nomos of the Earth); and finally, to think Law as the mask of power relations but as their revelator and as the instrument of their transformation. The first part retraces the elaboration of the Law of war and of Sovereignty from Augustine to Hobbes (Thomas Aquinus, Vitoria, Bodin, Grotius). It shows how three elements of the modern Law of peoples have arisen: 1) a juridical international space, occupied by moral persons (the States); 2) a homogeneisation of that space- world space coinciding with normative space (in the Law of war, the definition of a single status for the "enemy"; 3) the assertion of the equality of belligerents, which implies a substitution of a formal, regular, public war to "just war",and tends to concieve war as a global relation, as a state of war having specific juridical effects, or as a relation betwenn States (Rousseau). Starting with the transformation by Grotius of war as a sceptical objection, and with the reevaluation of the idea of a septical crisis being at the foundation of modern natural Law (R. Popkin, R. Tuck, C. Larrère), the second part examines the elaboration of natural Law and Sovereignty in Hobbes, as well as the transformations of the concept of Interest in the problematics of social stability
Lafouasse, Fabien. "L' espionnage en droit international : de l'inamical à l'illicite." Paris 1, 2010. http://www.theses.fr/2010PA010275.
Abderemane, Karine. "La solidarité : un fondement du droit de l'intégration de l'Union européenne." Poitiers, 2010. http://www.theses.fr/2010POIT3012.
It has been claimed since the beginning of the political construction of the European Union that solidarity is central to it but it has rarely been the object of legal analysis. The conclusion of this type of analysis is that solidarity is the keystone of the European Union and furthermore a bedrock of the Union's law of integration. A unique notion with diverse manifestations, "communautaire" solidarity must be analysed with regards to its functions in the integration of Europe, whether it is apprehended as an economic and social integration process or as a legal process and device. Solidarity is the basis for social and economic regulaion in the Union but it also explains and justifies the mechanics of the integration processas well as its dynamism. It offers an analysis of the Union's legal system which reduces the antagonisms, be they apparent or real, between State and Market, between supranationality and sovereignty. Solidarity thereby contributes to the conceptual and substantial framework of the question of the place of State in a complex legal order as well as to that of social solidarity in the legal systems of the European Union. In that sense, the study of the role and standing of "communautaire" solidarity advances the more general analysis of a law of integration
Noblecourt, Virginie. "L'état-nation et la supranationalité européenne en droit constitutionnel français." Nancy 2, 2002. http://docnum.univ-lorraine.fr/public/NANCY2/doc142/2002NAN20001.pdf.
At the threshold of the 21st century European Union gives a renewed sens of the concept of supranationality. This concept, basic aspiration as well as a perfectible principle of which end is integration, constitutes a dominant feature of European framework reflecting its sui generis nature. The concept of supranationality presupposes a complete legal system superposed to that of other member countries expressing the will peculiar to European identity. It is via the coming together of the States which this concept creates, that it reveals a social solidarity propicious to the development of a public system of values and to the advent of a global support that the organization needs to bloom. The original aspect of the supranational nature, as a new form of political organisation, is mainly the result of the relationships it has with States, and furthermore, with the individuals who are its subjects and whose common good is its objective. It is in European commitment the Nation-State finds the means of reinforcing itself. The constitutionalisation which brings to light the double aspect of the concept of national sovereignty, renders the State a mere instrument in the service of the nation. The Nation-State endows a status, which constitutes a kind of supranational conditioning, that proves the compatibility of the two legal systems. The adaptability shown by the Nation-State is by no way a sign of atrophy of its original principle of unity. The constitutional integration of supranationality gives the opportunity of consolidating its essence while reasserting the intangibility of its political unity. The respect of national membership and of the link between an individual and its nation seem to be the primary conditions on which depends the efficiency of the supranational traits. The individual, who is the ultimate subject of the supranational action as well as the source of its legitimacy, is the one through whom European organisation finds its raison d'être
Bounagui, Abdessadek. "La mondialisation et la souveraineté étatique en matière de communication audiovisuelle et le rapport Nord-Sud." Toulouse 1, 2007. http://www.theses.fr/2007TOU10023.
Brenac, Marin. "La souveraineté numérique sur les données personnelles : étude du règlement européen no 2016/679 sur la protection des données personnelles à l'aune du concept émergent de souveraineté numérique." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28306.
Taallah, Chokri. "L'identité du droit." Paris, EHESS, 2016. http://www.theses.fr/2016EHES0014.
Identity has three senses : it means unity (the one, the same), ipseity (the ipse) and aseity (the a se). After a reconstruction of the onto-epistemology of legal and political theory and a criticism of doctrines that spring from it, our thesis tries to demonstrate that the identity of law is necessary but not absolute : the truth of law is ipseity and not aseity. The conception of law not from the picture of aseity, substance, system, rules and concept of law, but from the limits of law, exception, conflict, stasis, from the dawn and not from the dusk, shows its historical and philosophical truth as a possible. Legal theory as non-theory is then both possible and interesting : it is philosophy of law tha the history of political and legal revolutions confirms
Bertin, Marie-Claire. "Le statut des peuples autochtones en droit international." Rouen, 2008. http://www.theses.fr/2008ROUED003.
The aim of this thesis is to analyse the slow reconstruction of the status of indigeneous peoples in international law. At the beginning of the colonization, colonial powers have recognized the indigeneous peoples' sovereignty in order to justify the colonial process and the territorial acquisitions. Then this sovereignty is progressivly dismantled. Colonization resulted in the disappearance of indegenous peoples from the international sphere and it justified the extinguishment of their sovereignty, the loss of their territories. Indigenous peoples are now recognized in international law. The reconstruction of a legal status is in process. This status enables them to claim the respect of their collective rights, notably their right to self-determination. The United Nations Declaration on the rights of indigenous peoples recognizes this right but it is construed by the States as a right to self-government, a domestic right
Kauerhof, Rico. "Le problème de la souveraineté de l'Etat et la solution des conflits internationaux." Paris 1, 2005. http://www.theses.fr/2005PA010713.
Duranthon, Arnaud. "Subsidiarité et collectivités territoriales : étude sur la subsidiarisation des rapports entre État et collectivités en droit public français." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10039.
The place subsidiarity might hold within the definition of the relationship between the State and local authorities is subject to intense academic discussion. For a long time, most academics seem to have thought of this concept as absolutely incompatible with French public law, based on the unitary form of the State, which confines the evolution of the State’s relationship with local authorities to decentralization, implying, by definition, an opposite movement than that of subsidiarity. This position has been seriously questioned by the consecration of a principle inspired by subsidiarity through the constitutional revision of 2003, which must be received as an invitation to a renewed reflection on the nature of French public law’s connection with this concept. Comparing the way law organizes relationships between the State and local authorities with the principle of subsidiarity implies the adoption of a particular position. The solution lies in an original use of subsidiarity, which, instead of being conceived in a normative manner, must be seen as a descriptive and analytical tool. The purpose is to let subsidiarity become a standard to which the evolution of the law will be confronted, rather than making it a guiding principle of the relationship between the State and local authorities. The aim is then to show that if, taken in a synchronic meaning focused solely on their definition by substantive law, certain traditional notions which govern the law of local authorities seem to oppose the development of subsidiarity, this impossibility can be countered, or at least seriously decreased, by the observation of movements these same notions experience in a diachronic perspective, thanks to which law’s irreducible tendency to take into account requirements inherent to the subsidiarity principle is revealed. This implies throwing the relationship between the State and local authorities in a conceptual approach which, even though it appears rather foreign to French substantive law’s normative structures, seems to characterize a latent and unconscious form of its evolution, in the observation of which academics could attempt to find new keys to describe substantive law which would allow to overcome the obstacles of its traditional analytical frames
Zhekeyeva, Aiman. "La souveraineté et la réalisation de la responsabilité internationale des Etats en droit international public." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00675942.
Muller, Michaël. "La normativité et le contentieux des règles générales du droit international en droit interne : une étude comparative en droit allemand, autrichien et français." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010330/document.
In 1918, the states of continental Europe, beginning with the German speaking countries, started to incorporate in their new national Constitutions the Anglo-American maxim "[international law is] part of the law of the land'. Formulated by William Blackstone in 1769, this principle concerns the field of customary international law. Going, forward on this basis, the general rules of international law were then generally and permanently transformed into national law, notwithstanding any act enacted by state bodies (referred to as "transformation ipso jure"). International law transformation ipso jure into national law does not originally appear to result from a legal obligation imposed upon the state, rather this process is the product of a deliberate policy intended to show that any given state subjects itself to international law, including when it concerns domestic affairs. It merely provides a means for implementing positive international law, alongside other possible techniques available to the different national legal systems, from which this thesis articulates a typology. Therefore, the different national constitutional norms undergoing the transformation ipso jure, are not superfluous. On the one hand, the transformation ipso jure consists of a general authorization for the benefit of state organs and eventually of private individuals to be able to apply international law. On the other hand, by attributing to international law a certain internal derogatory force (in German refered to as derogatische Kraft), this process opens up the possibility for international legal norms to prevail upon internal rules with which they enter into collision
Jean-Baptiste(-Altbuch), Mathieu. "Le divin, l'Etat et le droit international : essai sur l'apport de la pensée biblique et du religieux dans la construction du droit international contemporain." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32043.
The interweaving of divine and religious, on one hand, of law and noticeably of international law on the other hand, is a matter which topicality hits the observer. After decades during which secularisation and the end of History may have hidden such an interweaving, the latter suddenly came back to appear to the Western eye at the beginning of the 21st century. A more careful examination demonstrates that the withdrawal of divine and religious from the law field was an impression mainly felt in the last two centuries West: it did not affect identically all state and, inside, all of the states. If it is insisted in this work on the Bible, more than in the sacred texts of other religions, it is precisely because the Bible influenced the West, which is the geographical and intellectual area where the secularisation movement was born. It is in this area that central concepts of international law, as state and sovereignty, dawned. Both two concepts are influenced by the reading of the Biblical text, and the Christian viewpoint is presented here as well as the Jewish viewpoint. Both those viewpoints have fed debates, of which one opposed controversially two of the major 20th Century law philosophers. This controversy illustrates the limits of the intellectual movement of secularisation, which interests first and foremost national public law and international law. As a matter of fact, secularisation does not prevent state to figure itself as a new shape of divinity, which goods offered to the citizens are called welfare (“providence” in French). The main expression of the social contract, the Constitution, includes in numerous cases explicit references to divine and to religion. Those are even more underlined in the particular case of the relations between Israel and the Holy See, two states owe much to the Bible, though in different scales and in interpretations that have long lastingly prevented the recognising of one by the other. There again, divine and religious go on imprinting public and international law
Luciano, Kevin. "Le droit à l'épreuve des mécanismes offshore." Paris 1, 2010. http://www.theses.fr/2010PA010330.
Baghestani-Perrey, Laurence. "Le titulaire de la souveraineté nationale et son exercice dans la jurisprudence du conseil constitutionnel." Dijon, 1996. http://www.theses.fr/1996DIJOD009.
The analysis of the particular issue of determining the holder of sovereignty in the state results in a clear conclusion. There has always been, in our institutions, a single holder of sovereignty. The jurisprudence of the constitutional council did not fail to uphold this legal principle by confirming the exclusive sovereignty of the French people as provided for by article 3 paragraph 1 of the October 4th, 1958 constitution. The constitutional council is, in this respect, an indispensable instrument to ensure that the principle of the sovereignty of the people, which is of national importance, is respected. Thus, no infra-national or supranational authority can be entrusted with the right to exercise sovereignty unless the sovereign (the constituent power) decides otherwise. The fact of postulating the existence of a sovereign in the internal juridical order precludes the immutability of any principle having constitutional value. The principle of national sovereignty can therefore be altered the better to meet institutional and political requirements
Daugeron, Bruno. "La notion d'élection en droit constitutionnel. Contribution à une théorie juridique de l'élection à partir du droit public français." Paris 10, 2009. http://buadistant.univ-angers.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D86.
All the indications are that legal practitioners are fully familiar with the notion of election due to its close association with multiple concepts of constitutional law: politics, democracy, representation, universal suffrage, power, legitimacy, citizenship, authority, majority, responsibility, etc. , so many evocative terms which structure constitutional theory and practice. However, the question remains as to whether these associations are well founded? What does an election express? The will of the people? But is it not simply an expression of what others want on the people's behalf? Does it have a function in the theory of the State? Viewed from the standpoint of constitutional law, the questions raised by the notion of election no longer merely feature among the standard topics of political science such as access to the vote and the conditions of its exercise, dimensions within which it is all too often imprisoned. It highlights key issues which go beyond those of electoral law alone to touch on the fundamental concepts of the theory of law and the State: the people, the manifestation of its will, the exercise of its sovereignty, the legitimacy of its power, the opposition of representation and democracy. Legal analysis of election, for so long neglected, even constitutes a prerequisite to a more general consideration of political institutions while, at the same time, raising the question of the legal nature of political phenomena, that of the origin of consent to power and the history of its transformation