Dissertations / Theses on the topic 'Traités d'investissements'
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Samson, Benjamin. "Les clauses parapluies des traités de promotion et de protection des investissements." Electronic Thesis or Diss., Paris 10, 2021. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247226535.
Full textUmbrella clauses are provisions of investment promotion and protection treaties in which states parties undertake to respect commitments given to foreign investors. These clauses were invented with the aim of rebalancing the investor-state contractual relationship by removing the contract from the sole ambit of the state's domestic law. Although seemingly simple, they raise numerous questions as to their range of application, effects and scope and pose delicate problems of applicable law and articulation of remedies against the State. The central question raised is whether umbrella clauses internationalise the host state’s commitments under domestic law. For the majority of tribunals and authors, these clauses impose an international obligation to respect its commitments (primary rule) but do not internationalise them. While there is a near-consensus on this point, it has not settled the problems identified. In contrast to the prevailing position, the thesis demonstrates that umbrella clauses can be characterised as secondary rules recognising an internationally binding character to the State's commitments. This reinterpretation of umbrella clauses improves investment protection in a balanced way. It ensures the effectiveness of the protection offered by umbrella clauses to the rights of investors arising from the host state’s commitments while at the same time protecting the host State against multiple claims concerning the breach of the same undertaking
Ouédraogo, Souleymane Yacin, and Souleymane Yacin Ouédraogo. "La succession d'États en matière de traités d'investissement." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/37743.
Full textCe mémoire jette un regard critique sur une question aussi intéressante qu’actuelle à savoir, quelles sont les règles juridiques applicables aux traités d’investissement en cas de succession d’États. La gestion du contentieux relatif aux investissements internationaux révèle une Convention de 1978 inadaptée, des décisions jurisprudentielles qui pataugent et une doctrine qui s’interroge. Le présent mémoire qui aborde l’interface entre le droit international général et le droit international de l’investissement a permis de savoir que c’est un ensemble de règles, mettant en bonne place la Convention de 1969 comme adjuvant à celle de 1978, qui régit la problématique fondamentale qui est en fait le sort du consentement à l’arbitrage exprimé dans les traités de l’État prédécesseur. L’intention explicite ou implicite des parties, la qualification des traités d’investissement à l’aune de la distinction entre traités réels et traités personnels sont autant de pistes explorées pour répondre à la question fondamentale et accessoirement à celle de la responsabilité internationale de l’État sur le fondement des traités d’investissement lorsqu’on aborde la question de la clause de survie.
This study examines critically an interesting and timely issue, namely, the identification of the legal rules applicable to investment treaties in the event of State succession. The application of the Convention of 1978 has proven to be unsuitable, the jurisprudence uncertain and the doctrine hesitating. This paper draws resources from both general international law and international law of investment to argue that only a connection between the Convention of 1969 and the Convention of 1978 can govern satisfactorily the fate of the consent for arbitration from the predecessor State. The study highlights the explicit or implicit intention of the parties and the distinction between real and personal treaties in order to substantiate the solution provided to the main question. Incidentally it makes considerations on the international responsibility of the State when addressing the issue of the survival clause of investment treaties.
This study examines critically an interesting and timely issue, namely, the identification of the legal rules applicable to investment treaties in the event of State succession. The application of the Convention of 1978 has proven to be unsuitable, the jurisprudence uncertain and the doctrine hesitating. This paper draws resources from both general international law and international law of investment to argue that only a connection between the Convention of 1969 and the Convention of 1978 can govern satisfactorily the fate of the consent for arbitration from the predecessor State. The study highlights the explicit or implicit intention of the parties and the distinction between real and personal treaties in order to substantiate the solution provided to the main question. Incidentally it makes considerations on the international responsibility of the State when addressing the issue of the survival clause of investment treaties.
Chen, Haijuan. "Les traités bilatéraux d'investissement conclus par la Chine." Paris 1, 2009. http://www.theses.fr/2009PA010291.
Full textColeman, Philippe. "Contrats publics et arbitrage d'investissements." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D017.
Full textThis research aims to analyse the treatment of public contracts in investment arbitration in the light of French administrative law. It intends to study the hypothesis that investment arbitration is a mechanism that pertains to the globalisation of the dispute settlement and applicable law of public contracts. Investment arbitration is a judicial mechanism giving arbitrators comprehensive jurisdiction over the exercise of governmental authority by States in the globalisation. The impact of this mechanism on public contracts should be systematically assessed.The examination of contemporary arbitration practice shows that public contracts subject to investment arbitration are domestic contracts. The procedural consequences of submitting domestic public contracts to investment arbitration are twofold: parallel jurisdictions and control by national judges over arbitral awards.The analysis of investment law applied to public contracts covers both the representations and the regime of public contracts in arbitration practice. The concept of contracting public authority that emerges from arbitration practice is broadly similar to that prevailing in French administrative law. As for the contractual principles per se: while it is much less precise concerning procurement, it converges, in broad terms, concerning the performance of contracts with French law, seeking a balance between the contractual rights of foreign investors and the prerogatives of thecontracting State
Koula, Bablésson Mardochée Désiré. "Le développement durable dans les traités régionaux africains d'investissement : cas de la CEDEAO et de la SADC." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0351.
Full textThe understanding of the tandem of sustainable development and investment treaty has long been seen in terms of contradiction. Indeed, although there is a consensus on the importance of investments as a vehicle for Sustainable Development, the only international instruments specifically dedicated to them [investment treaties] generally pay little or no attention to this objective; they are designed with the sole aim of ensuring high protection for investors and their investments. Over the past decade, however, new models of investment treaties have emerged in African regional organizations with the sole aim of promoting investments that support sustainable development. However, this paradigm shift, which now advocates the compatibility of the legal regime of transnational investment with social and environmental requirements, raises some questions. Among these is the question of how the commitment to sustainable development is concretely reflected in these regional treaties. The issue is crucial, especially when one considers the difficulties surrounding the analysis of Sustainable Development, a concept and objective that is both multidimensional and evolving. In that regard, the study of ECOWAS and SADC instruments reflected the consideration of Sustainable Development at two levels. First, adaptation, through the amendment of the traditional clauses of investment treaties (Part I). Secondly, innovation, through the introduction of provisions which had not previously existed in Treaty practice (Part II)
El, Hayek Inès. "La prise en compte du comportement de l'investisseur dans le cadre de l'arbitrage fondé sur les traités d'investissement." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D063.
Full textInvestment treaty arbitration is fundamentally built around the protection of the investor and his/its investment. Indeed, investment protection agreements hardly impose any obligation on investors. Such agreements generally contain substantial provisions requiring that host States grant a certain treatment to foreign investments. Moreover, investment treaty arbitration is in itself a unilateral procedure available only to the investor. The procedure is thus fundamentally unbalanced. However, the taking into account by arbitrators of the behavior of investors, has helped to rebalance this investor-state arbitration. Despite theoretical as well as practical difficulties stemming from this type of procedure, arbitrators have been able to accomplish their mission by resorting to different methods, both procedural and material. In doing so, arbitrators have moved closer to the figure of judges, who are bound by some formalism when conducting judicial proceedings. Moreover, arbitral practice has shed the light on a certain indirect normative function of arbitrators. Lastly, a transition process is underway, from disputes exclusively focused on State responsibility towards an investor-accountability approach
Korom, Veronika. "Soutenance de travaux en droit européen des sociétés et en arbitrage international." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1042.
Full textThe papers submitted for the viva deal with various comparative company law, European company law and international arbitration related issues. The company law papers look at the recent developments in the freedom of establishment of companies in Europe resulting from the case law of the Court of Justice of the European Union and at the operation of English law limited liability companies in Germany and certain of the private international law questions that arise in that context. The paper on international arbitration discusses the future of bilateral investment treaties concluded between EU member states in light of the European Commission's hostile approach to such treaties aiming at obtaining their annulment
Nzohabonayo, Anaclet. "Intérêt général des pays en développement à la lumière de leur engagement dans les traités bilatéraux d’investissement." Thèse, Université d'Ottawa / University of Ottawa, 2014. http://hdl.handle.net/10393/31035.
Full textDadras, Peyman. "Le droit des investissements et la révision des traités bilatéraux d'investissement en Iran : le modèle des TBI français et américains." Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010253.
Full textThe role of international law is well known worldwide. To develop the domestic economy of a country, we need foreign within an investment and to achieve this goal, we studied the role of bilateral investment treaties vis-à-vis the foreign investor. In fact, we suggest a suitable model for Iranian bilateral investment treaties (BIT), despite the flaws that exist within these treaties and resulting from domestic law. We compare the Iranian BIT with the French and American BIT because, on the one other hand, US companies are among the largest foreign BIT because, on the other band, the French legal system has influenced Iranian law
Sidot, Éric. "Droit communautaire et OPCVM." Paris 1, 2002. http://www.theses.fr/2002PA010256.
Full textTortian, Annie. "Les accords internationaux d'investissement et leur impact sur l'investissement direct étranger : évidence de quatre pays de l'Europe Centrale émergents." Phd thesis, Université Panthéon-Sorbonne - Paris I, 2007. http://tel.archives-ouvertes.fr/tel-00165194.
Full textAkhtar, Muhammad Waqar. "Behavioral issues in retirement savings." Electronic Thesis or Diss., Université Clermont Auvergne (2021-...), 2023. http://www.theses.fr/2023UCFA0058.
Full textThis PhD thesis investigates the behavioral aspects of retirement savings, with a focus on three empirical chapters. The research extends the existing literature by examining the impact of financial literacy on retirement savings, comparing countries with different levels of financial development. Additionally, the study explores the role of personality traits in shaping savings behavior, using large-scale data analysis. A unique contribution of this research is the combination of micro and macro data to investigate the relationship between these factors and retirement savings. The study examines how investor protection and an individual's risk attitude influence their savings behavior. The primary objective of this thesis is to investigate thoroughly individuals' behavior towards their savings goals for post-retirement life, highlighting the important role played by financial literacy and personality traits in this process.The first chapter of our thesis examines the relationship between financial literacy and retirement savings, using data from the Household Finance and Consumption Survey (HFCS). To analyze the impact of financial literacy on savings behavior, the study focuses on Luxembourg and Slovakia, which have different levels of financial development. The findings of our research reveal that the level of financial literacy among the population of Luxembourg is higher as compared to that of Slovakia. The empirical analysis indicates that financial literacy is positively associated with retirement savings in Luxembourg, while no significant relationship is found between financial literacy and savings in Slovakia. These findings contribute to a better understanding of the role of financial literacy in retirement savings behavior.The second chapter of our thesis investigates the impact of the big five personality traits on individuals' savings behavior. The big five personality traits, including Openness, Conscientiousness, Extraversion, Agreeableness, and Neuroticism, are widely recognized by psychologists as fundamental dimensions that shape human behavior. The study utilizes data from the SHARE database and covers a sample of 27 European countries. The results suggest that personality traits significantly influence savings behavior, and in particular, the traits of Openness and Agreeableness have a positive impact on savings behavior. The findings of this chapter provide important insights into the role of personality traits in retirement savings and have practical implications for financial planners and advisors.The third and final chapter of the thesis examines the relationship between Investor Protection, Investment Attitude, and Savings Behavior. The study investigates whether investor protection can play an important role in retirement savings behavior among households and whether it can help individuals adopt a more favorable risk attitude towards retirement savings. The analysis focuses on the impact of investor protection and risk attitude on savings behavior and the interaction between the two factors. The study utilizes data from the World Bank for investor protection and from the SHARE database for household data. The results indicate a significant relationship between the strength of investor protection, an individual's risk attitude, and retirement savings behavior.Our thesis focuses on retirement savings, a critical area of research due to its impact on financial security. We examine the impact of financial literacy, personality traits, and investor protection on savings behavior. Our findings provide valuable insights for policymakers and financial practitioners. These factors are essential considerations in understanding retirement savings behavior. Policymakers can use our findings to design effective retirement savings policies and programs
Albino, pimentel Joao eduardo. "Three Essays on the Influence of Political Connections on Firms International Expansion Strategy." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLH003/document.
Full textThis dissertation is composed of the three essays, each contributing to address part of the puzzle regarding how different types of political connections affect firms’ international expansion strategies and performance. The first essay examines how political connections moderate the relationship between host country attributes and international strategy in a sample of greenfield investments in manufacturing during the 2003-2010 period. The second and third essays examine how political connections directly impact a firm’s international expansion strategies and performance. The second essay investigates the role of different types of political connections on a firm’s international investments amount and risk profile. Finally, the third essay analyzes the role of political connections as an explanatory factor of firms’ ability to accelerate the provision of funding and development of their project finance-based investments. Both the latter two essays rely on an original dataset on various political connections enjoyed by the largest French firms during the 2003-2012 period
Xu, Chen. "Les contentieux fiscaux devant l'arbitre." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCF005.
Full textThe two disciplines, arbitration and taxation, are traditionally considered to be distinct, and exclude one another. On the one hand, tax sovereignty is vital for the state. On the other hand, arbitrator, being a private judge, has always been suspected, rightly or wrongly, of not being sufficiently sensitive to the public interest. However, the developments observed over the last decades have shown that this incompatibility between the two disciplines was not or is no longer the case. Indeed, with economic globalization, the challenge of the state is no longer how to tax its taxpayers but how to keep them in or even to attract those of other states to its territory. In this context, states become more flexible in resolving disputes involving tax issues. Arbitration of these disputes has thus become a reality in practice. However, in reviewing the law and the jurisprudence, we find that arbitration is not suitable for resolving all kinds of tax disputes, especially considering the interests of taxpayers. Arbitration of tax disputes in domestic law has been proved to be a failure. A form derived from arbitration, called baseball arbitration, appears to be more appropriate for resolving double taxation disputes. However, in international investment law, where the jurisprudence in tax matters has developed considerably over the past twenty years, we find that arbitration is an ideal way to resolve tax disputes related to this area, because arbitrators, in their practice, have found a balance between the protection of the host State's tax sovereignty and the protection of taxpayers-foreign investors
Sabalbal, Hélène. "Le choix du droit applicable dans l’arbitrage d’investissement : expérience euro-arabe." Electronic Thesis or Diss., Paris 2, 2021. http://www.theses.fr/2021PA020029.
Full textThe settlement of an investment dispute often depends on the choice of applicable law to the merits. The arbitrator has the obligation to respect the will of the parties. In investment arbitration, the parties are a private party and a state party who may give its consent to arbitration in advance in a general offer of arbitration. The arbitrator will determine the applicable law only if the parties did not do so. Under the aegis of an arbitration institution or within the framework of an ad hoc arbitration, the arbitrator may apply national law, regional law (European, Islamic law), international law or non-national rules, or even a combination of formulas. Part I examines the interactions between these laws and rules of law, their potential hierarchy, in order to be able to settle an Euro-Arab investment dispute. Since the entry into force of the Lisbon Treaty in 2009, the EU has had exclusive competence to negotiate agreements relating to foreign direct investment. Part II studies the effects of the new competence of the EU on BITs prior to Lisbon and those that the Member States would like to conclude in the future, and in particular the consequences on the applicable law for the settlement of investment dispute. Part III tackles the limits to the choice of applicable law. The arbitrator must render an effective and enforceable award. Failure to apply the applicable law may be challenged. In some Arab countries, the award is reviewed at the merits, which is a second limitation. In addition, it is necessary to respect public policy
Jean, Guillaume-André. "Le droit des investissements internationaux face à l'Union européenne." Thesis, Paris Sciences et Lettres (ComUE), 2016. http://www.theses.fr/2016PSLED031.
Full textInternational investment law and the European Union constitute two legal systems that are from now on in interaction. The convergence of these systems has been revealed by the entry into force of the Lisbon Treaty, which has initiated a transfer of competence in the field of Foreign Direct Investment and thus grants competence to the European Union for the conclusion of new investment treaties. Within the framework of a preliminary chapter, the analysis first attempts to explain why and how international investment law, as it results from the bilateral conventional practice of Member States, and the European Union constitute two interacting legal systems. The legal methodology that is necessary for the study of the manifestations of legal globalisation is described. Subsequently, by distinguishing between the substantive and the procedural aspects of International Investment Law, this thesis focuses on the evolutions of the relations between these two systems and on the results of the ongoing normative interactions. The first part aims to demonstrate that substantial international investment law has been the object of an approach from the European Commission, put in place as soon as the 1990s. As for procedural international investment law, it appears that its links with the European Union have been more tenuous and that it has only been the object of a component which has been attached to the European approach of material international investment law, as soon as the entry into force of the Lisbon Treaty. On these foundations, the analysis highlights the ongoing Europeanisation process of International Investment Law, which is related to the mode of creation of the international standard, its content and the participation of the European Union in the procedure of dispute resolution, by virtue of an arbitral procedure which should be constructed according to the foreign investor-European Union configuration
Ngouadje, Maliendji Diane. "Le standard minimum du traitement juste et équitable en droit international des investissements. Essai sur une technique conventionnelle de régulation substantielle." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020081.
Full textLhoumeau-Aizpuru, Sébastien. "Le déséquilibre entre les droits et les obligations des entreprises pétrolières opérant dans les pays à faible gouvernance." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0599.
Full textThis thesis carry out a sectorial analysis of the state of the rights and the obligations of the multinational oil companies outside the regulations of the countries of investment. The choice of the oil industry is based on the place of this sector in the global economy and its characteristics. In the first part, we will note that the protection of investments is particularly effective and the potential negative effect on the development of the regulations of the host countries of investments is accentuated in the oil sector. Similarly, the current movement to take this problem into account in the bilateral investment treaties is insufficient given the lack of interest of the Energy Charter Treaty on this issue and the difficult evolution of the stabilization clauses. Secondly, this thesis will find that the transnational obligations borne by multinational oil companies, apart from investment law, sometimes seem less inclined to play a balancing role in the oil sector. The soft law initiatives are adapted but partially adopted and the possible sanctions seem uncertain. Mechanisms based on extraterritoriality are limited and the establishment of a duty of care do not really suit to the oil organization. The consideration of oil specificities is confined to the reporting framework and the legal tools specific to the industry generally only take into account the fight against corruption. Finally, the political pressures, the intervention of non-governmental organizations and the media are focused on companies whose head office is located in a Western State and transfer of oil interests are usual in the sector
Jung, Youjin. "L’imposition des plus-values de cessions directes et indirectes des entreprises dans l’Etat de la source : les exemples de la Chine, de la Corée du Sud et de l’Inde." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020029.
Full textAsia is one of the main destinations in terms of global investment volume. But the existence of legal and fiscal certainties is an important factor for investors’ choices. Several recent cases in the region, including “Lone Star Fund” in South Korea and “Vodafone” in India, seem to question the existence of such certainties. Many foreign enterprises focus on the shares’ purchase and re-sale, which could be linked to speculation. China, South Korea and India, as source states, having identified speculative business which is making huge profits, decided to tax them, with adopting General Anti-Avoidance Rules (GAAR) or a broad interpretation of a tax law principle and also the rule amendment on income deemed to accrue. In so doing, they ignored the presence of conduit companies and did not justify this taxation which would seem to be a breach of their tax treaties.Firstly, this study examines domestic law and judicial practice of these states. In the second phase, it evaluates the extent to which this taxation relates to their tax treaties. Finally, it seeks to understand why they opt for such a tax policy and proposes some solutions to raise the level of predictability of their legal system
Pierre, Jeanet. "L'arbitrage impliquant les personnes publiques : tendances et perspectives." Thèse, 2015. http://hdl.handle.net/1866/12488.
Full textThis study investigates the difficulties that arise when legal disputes between public bodies and foreign private entities are resolved through arbitration. For economic expediency, some Western states and developing countries are quite open to the idea of resolving legal disputes by submitting to arbitration proceedings. Other countries, such as Latin America and the Arab world, have a clearly hostile approach to state participation in arbitration proceedings, ranging from total prohibition to conditional submission. There is a clash between two schools of thought: the privatist approach that considers international arbitration to be the business community’s natural forum, as opposed to the statist approach according to which only state courts are qualified to consider legal disputes between public bodies and private entities. The underlying reasons for the increased flexibility of certain governments in favor of a liberal move towards public law arbitration are a result of the globalizing effect of the economy, which tends to decimate domestic state laws within the framework of the new global economic order. On the other hand, the social, financial and legal consequences of arbitration awards render some governments resistant to arbitration involving public entities. They brandish the right to self-determination of peoples to guard against the depletion of their resources to the detriment of the economic, social and cultural rights of their populations. This is despite the fact that foreign direct investment plays a considerable role in the development of emerging countries. The ultimate aim of this study is to explore different avenues for striking a fair balance between public interests and the protection of private investments. This requires a paradigmatic change so as to take into account the multiple dimensions of legal disputes between the state and investors.