Dissertations / Theses on the topic 'Transports aériens – Droit – Maroc'
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Abdou, Mehdi. "L'alignement du droit marocain du transport aérien et son volet sécuritaire sur le droit de l'Union européenne." Electronic Thesis or Diss., Normandie, 2017. http://www.theses.fr/2017NORMR153.
Full textInternational bilateral cooperation is based on normative cooperation. Most often, this is called harmonization or normative convergence. Yet today, a new form of cooperation is emerging in the context of the European Union - Third States relationship. This will be qualified as normative alignment. Indeed, this new concept aims beyond a convergence between legal systems. This is the new configuration of the Euro-Moroccan air link
Berrada, Mohammed. "Economie des transports aériens au Maroc." Paris 2, 1991. http://www.theses.fr/1991PA020178.
Full textLefebvre, Patrick. "Les droits de trafic et la cinquième liberté." Toulouse 1, 1986. http://www.theses.fr/1986TOU10053.
Full textAmong all the traffic rights the fifth freedom is the most liberal. It introduces a factor of multilateralization and competition in the international air transport. The fifth freedom is particularly important for the economy of long-distance airlines, for the enclaved countries, access to international communications as for tourism. But in the present state of the air diplomacy, the liberal exchange of the fifth freedom rights between several states would be difficult to implement. In any case, it is essential to consider a new definition of the fifth freedom and to establish a definition of the sixth freedom
Dupont, Pascal. "Le particularisme du droit du travail et des relations professionnelles dans le transport aérien." Paris 2, 1998. http://www.theses.fr/1998PA020092.
Full textVincent, Xavier. "Droit du travail et particularisme aérien : Livre IV du Code de l'aviation civile quo vadis ?" Nantes, 2007. http://www.theses.fr/2007NANT4004.
Full textHilali, Cherifa Haya. "Modèles de prévision du trafic aérien "passagers" : exemples d'application : la France et le Maroc." Paris 2, 1991. http://www.theses.fr/1991PA020011.
Full textIn an attempt to rationalize their operations in order to improve their investments, airline companies increasingly use econometric methods and or models. These tools have been developed especially for passenger traffic which remains, despite grouth in freight traffic, the main part of their operations. The essential role palyed by forecasting in modern management has led us to be particularty interested in this tool for aviation decision matiers. This research has led to comprehend the hinge between econometric technics and the complexity of "the aviation world". Because of this fact we have explored these two fields endeavoring to go beyond their complexities. A descriptive analysis of the principle methodological problems encountered throughout a traffic forecast has allowed us to point out the different orientations that should be taken into account with priority. Our goal was to provide an alternative to the method already in use in morocco in order to propose a detailed econometric model which would be used within the framework of the real life of this country. From our research, we managed to come up with basis results which can be used for domestic moroccan air traffic forecasts, notably for better control of investments of the orientation of the commercial policies of this type of transportation. Regressions concerning france as well as morocco, permitted the. .
Bochnakian, Bruno. "L'application du droit communautaire au cabotage aérien et ses implications en France." Nice, 1999. http://www.theses.fr/1999NICE0022.
Full textKostopoulos, Konstantinos. "Les obligations de service public dans les lignes aériennes et les aéroports en droit communautaire de la concurrence." Toulouse 1, 2003. http://www.theses.fr/2003TOU10008.
Full textThis study shows how public service obligations can be imposed and can function and fulfil their specific missions as regards air routes and airports without infringing the rules of EC competition law. To this end, the study makes precise proposals to the EC legislator for adopting or amending legislation concerning air routes and airports. It also gives guidance to the European Commission and to the EC courts as to how to implement the legislation in this area. Some criticisms are expressed with regard to the way the Community institutions currently apply theses rules. Thus, this thesis shows the European air transport lawyer - whether he is a theorist or a practitioner - the path to take so as public service obligations for air routes and airports are compatible with competition law
Bazin, Stéphane. "Le droit pénal de l'aviation civile." Paris 2, 2000. http://www.theses.fr/2000PA020065.
Full textAl, Joundi Soheir. "Essai sur le contrat d' affrètement aérien." Toulouse 1, 2002. http://www.theses.fr/2002TOU10003.
Full textToday charters represent a means of economic cooperation among airline companies. It raises a number of problems concerning the legal status of the contract and the responsability of the contracting parties
Guitard, Jean-François. "La sixième liberté de l'air." Aix-Marseille 3, 1997. http://www.theses.fr/1997AIX32056.
Full textThe aim of the sixth freedom of the air allows airlines to divert traffic flows for their advantage. Sixth freedom has no legal definition, and this thesis will try to study the different elements for and against the sixth freedom of the air. The first part of the study presents a legal and practical analysis concerning the sixth freedom and includes international public law, european law, private law and some domestic specific law. Then we will study the true mechanism of the sixth freedom of the air and other aspects such geography, policy and economy wich are able to justify the legalization of the sixth freedom. Our study continues with the research of elements against the legalization of sixth freedom. We are begining by an analysis of the theories of air transport experts and practical exeamples, then we are studying other aspects including an analysis of abuse and excess induced by the sixth freedom, the worldwide cartography of the sixth freedom and some significative examples of carriers using the sixth freedom. We will also give examples of abuses of the sixth freedom and we are analysing their consequences. We close this study by analysing some practices of carriers or airports restricting the use of the sixth freedom. The third part is a synthesis of our observations and analysis and try to focus on the legalization of the sixth freedom of the air with a necessary enclosement
Meskini, M'hammed. "La responsabilité du transporteur maritime et de l'entrepreneur de manutention en droit français et en droit marocain." Nantes, 1986. http://www.theses.fr/1986NANT4009.
Full textMorocco already finds itself under the regime of the protectorat, equipped with a regulation that is well constructed and coherant and applicable to the transport of goods by sea : it is the dahir forming the maritime commercial code of 31 march 1919. At the time of its elaboration, the maritime law of morocco, appears a text both complete and very solid. Then, since 1919, a large tranfer operated in the sector of maritime transports. The importance of cargo carried by sea, the growing development of commercial exchanges have given birth to undertakings of handling independant of the companies of navigation which fulfill the demand of the latter with operations which are the preliminary or the necessary continuation of maritime transport. What then is the legal system of intervention in these undertakings and what are the fields of law which they undertake with the charger and maritime transport ? French law before 1966, like Morocco law, regulates the only transporter-destinationrelations, and gives no solution to this thorny problem. Morocco is on the eve of a reform its maritime law, which, following the example of french law of 1966, regulates the spatial limites of maritime transport contract at the same time, the texts have regulated the problem of the titular of the action direct against the undertaker of the handling and the judicial system applicable to this action. On this imprtant point, the moroccan project follaos clasely the law of 1966 in that it suppresses the disparity that used to exist before because, it aligns the judicial statute of the undertaker of handling with that of maritime transporter
Chazal, Olivia. "Les relations entre gestionnaires d'aéroports et transporteurs aériens." Thesis, Bordeaux, 2020. http://www.theses.fr/2020BORD0114.
Full textWith the european air transport liberalization, the means and aim of airlines change. Free to chose the airports on which they operate, the existing airlines called majors convert their historical network into a hub and spoke network based upon the use of bigger airports – the central one being the hub. In reaction to the above, a new type of airlines arises, to which the smaller airports appear as potential low cost production and productivity assets. Looking to ways to cut costs, the action of these « low cost » arilines reshape the relationship between airports operators and airlines. Comparing airports according to their cost of use, namely the airport charges, and taking advantage of the fact that the airports lacking the presence of majors are underused, low cost carriers lead contractual negotiations with the airportmanagers about the airport public service’s tariff level.In the wake of air carriers, airport operators see their activity change as well. Airport public service, however still aiming at serving general interest, becomes an economic activity to which european competition law, understood as the combination of antitrust law and state aid law, is found applicable.Key pillar of their action and their relationship, the drive for profitability of airport operators and airlines must not overshadow the public interest objectives historically served by air transport
Marashi, Shoushtari Seyed Mostafa. "Le régime juridique des contrats d'affrètement maritime et aérien." Nantes, 1987. http://www.theses.fr/1987NANT4001.
Full textThe legal regime of maritime and air charter parties a comparative study of maritime and air charter parties involves an investigation into the general rules regulating the contracts as well as the scope of the parties' responsibilities and obligations. The charter-party's definition distinguishes it from the contract of carriage and of hire ; its qualification determines its legal nature and classification. The transfer of the capacity of operator from lessor to lessee gives an indication of the services of the lessor. Identification of the proper law involves examining the internal law and its historical development, the genesis of a suitable and modern maritime and air law which accommodates contractual arrangements. The parties' engagements and the scope of their liability vary as a function of the type of charter (voyage, time or bare-boat in maritime law, with or without a crew in air law) and are examined in relation to the unit, the cargo and the voyage. The submission of evidence is governed by special rules as to form, authenticity and role. Payment of the charter is regulated by special rules (methods of computing freight charges, staries and surestaries, even damages and interest). Other than in cases of force majeure or annulment, the parties'engagements terminate with complete performance of the contract. The conditions in which the parties' responsibility is engaged are examined in relation to the transfer of custody (structure and use) of the unit and are regulated as regards legal action and the statute of limitations
Balima, Christ Eric. "Le rôle des technologies de l'information dans la concurrence des transports aériens." Nice, 2005. http://www.theses.fr/2005NICE0002.
Full textThe use of the information technologies in the air transport is not a recent phenomenon. Indeed, the electronic reservation appeared in this sector during the second part of the years 1960. The movement was accelerated by the computers' progresses and the air transport deregulation decided by the United States of America in 1978 with the Airline Deregulation Act. The information technologies are now an element of the air transports' dynamism and the central issue of the competition in this industry. Thus, the deregulation, such as we live it at the present time, would certainly not have been possible without the development of the information technologies. However, the information technologies were also used to distort the air transports' competition and that caused many concerns in the sector. In such circumstances, an intervention in favor of the information technologies' regulation was planed. The competition's authorities answered the first difficulties related to the use of the information technologies in the air transport by applying the competition's general law supplemented thereafter, by a specific framework. Today, the information technologies cause new problems in the air transports' competition and the competition's authorities remain very attentive
Perrin, Jacques. "Le personnel navigant du transport aérien : étude de droit français du travail." Paris 10, 1992. http://www.theses.fr/1992PA100112.
Full textThe air transport sector is marked by extensive intervention by the public authorities, resulting in unique aspects of two areas of labor law governing flight crews. First, the legal rules governing employment. Obtaining a job and career development are carefully codified; safety considerations are omnipresent. Second, commercial aviation provides indispensable services to the public. As such, regularly scheduled flights fall partially into the category of public services. Flight crew personnel, the most important employee group in the airlines operation, therefore have a limited right to strike. In this unique business sector collective negotiations by in-flight personnel bear particularly original features. Conducted on the employee's behalf by powerful independent unions, these negotiations yield numerous innovative agreements; they represent the future of labor law. Although the special labor law rules applicable to flight crews are extensive, they are often offshoots of the general rules. The complexity and extent of their relationship to these rules are highlighted. This is the first conclusion of this study; the second is the exceptionally important role played by the specificity of the skills required in the exercise of the closed professions of civil aviation flight crew personnel
N'zi, Jean-Claude. "Le droit ivoirien des transports : réflexion critique sur l'état du droit ivoirien dans les transports terrestres, aériens, maritimes, internes et internationaux de personnes et de marchandises." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32075.
Full textThe thesis examines Ivorian transport law on a comparative approach. It points out the whole process of development which transport law has undergone since the independance of the Ivory Coast. In this work, attention is given to the deffering elements and the lack in autonomy of Ivorian law in comparison with French law from which it derives. To achieve the aim of the thesis, it appears necessary to give an overview of French transport law which is not completely different from Ivorian law. The latter is in fact "the clone" of the former. Because Ivorian law is on familiar terms with French law, it is all but valuable to summerize the leading solutions to the major problems of transport contract (and its schedules) which the Frence system has built up since the beginning of the XIXth century. The fact that Ivorian law lacks in autonomy has never been an obstacle to its development. The framework of the development of Ivorian transport law does no longer depend only on the legislature, the executive and the judiciary. .
Cambau, Denise. "L'impact des politiques à bas tarifs sur les structures actuelles et les perspectives du transport aérien en Europe." Aix-Marseille 3, 1986. http://www.theses.fr/1986AIX32005.
Full textAkam, Akam André. "Les réserves à la livraison : étude des diligences des réceptionnaires dans les transports maritimes, terrestres et aériens." Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32012.
Full textIn case of loss, damage or delay, the consignee or any person entitled to take delivery has to give a complaint to the carrier. In order to be effective, the notice of claim must be given in the required form and in the time prescribed by the law or the convention which is applicable to the litigious carriage. Failure by conbsignee to give written notice to the carrier could have serious effects. In some cases, the right of action is extinguished, unless the carrier is guilty of fraud. In other, receipt without complaint is prima facie evidence that the goods have been delivered in good condition and in accordance to the docuement of carriage. Finally, in certains cases, no compensation for loss from delay in delivery is payable. To conclude, it appears that the notice of loss, damage or delay has a considerable importance. Its requirement is evidentiary or a condition precedent to carrier liability
Lauga, Jean-Charles. "La notion de sûreté à l'épreuve des spécificités des déplacements aériens et ferroviaires." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0461.
Full textIt will have taken only one century to revolutionize the transport habits of travelers through the popularization of rail and then civil aviation. This revolution has gradually been accompanied by new passenger protection rules, particularly on "security" aspects. The goal of this research work is to draw up a general definition of "transport security" from the legal study of civil aviation security and of railway security concepts and the particularities of these two means of transport
Marouazi, Abdelbare. "L'essor du droit européen des transports maritimes et son impact sur les relations Maroc/Union européenne." Nantes, 1998. http://www.theses.fr/1998NANT4017.
Full textThe independence of developing country has generated the necessity of a new international economic order. As far as shipping is concerned, the effect of this was the adoption of a conduct regulation of maritime conference. This new convention's contribution is the introduction of a traffic sharing rule. According to the last mentioned, each of the two interested countries by the transportation's operation, hold 40% of the traffic, the remaining share is attribute to foreigner's companies to apply the free- trading principle. In his relation with the countries which are members, Morocco do with the conduct regulation, the juridical basis of his co-operation. This approach, which was dominating between Morocco and countries with are members that we can described as protectionist, has been illustrated by the conclusion of bilateral agreement. The first part of this study is devote to the position of Morocco and his european partner faced with the conduct regulation, just as bilateral agreement, reflection of this co-operation. Two factors driven Morocco to suit his political shipping's transportation on the one hand, the new technological's transformation and organisational in the maritime's transportation sector, which reduced the conduct regulation role. On the other hand, the birth of common policy of the maritime's transportation guided by the free-trading principle has generated the adaptability of the bilateral agreement already conclude. The second part put forward two purposes: the first move on to the new common policy of shipping's transportation just as her effect on Morroccan's policy. The second part explain the new look of maritime's transportation of Moroccan's policy faced with new technological's transformation and organisational in this domain
Suchatkulvit, Vandee. "La reglementation internationale du transport aerien : vers un nouvel ordre aeronautique international." Paris 1, 1998. http://www.theses.fr/1998PA010293.
Full textThe international air transport system, has been characterized, by protectionnist policies of states. These policies have had their roots in the principale of air space sovereignty and became the legal rule which was laid down in the paris convention of 1919 and was repeates in article 1 of the chicago convention of 1944. After the failure to prompt a multilateral exchange of rights of trafic, the bilateral treaty developed as the principal diplomatic and political vehicle for these trades. As objects of the purely bilateral exchange, the freedom of the air were concedes only on the defensive reciprocity. The problems facing international aviation create pressure for regulatory reform. There are several directions in which a new order of air transport international regulation may go. One approch is the development of regionalism. This approch is now put to the test in practice within the europen communities , where mulatiralisme regional replaced the bilateralisme between the member states. The regionalisme could formulate also a common aviation policy to apply between the region and other regions. Another approch, is that of a move towards multilateralism. Given the differing interests of countries around the world. The general agreement on trade in services is an exemple of how liberalisation of several trades can be achieved if they are all negotiated together. This approche could help to liberalize trade in air services
Boudhar, Abderrazzak. "Le transfert de responsabilité dans le transport maritime des conteneurs : en droit marocain et comparé." Perpignan, 2005. http://www.theses.fr/2005PERP0954.
Full textThe advantages of containerisation lie in the splitting up, the safety and comfort, brought to the goods, as well as the elimination -if not the reduction- of breakings during their circulation in a supply chain of containerised transport, at the points of transit from one mode to another. However, from these same advantages spout out the problematic of the transfer of responsibility in containerised transport, especially maritime, because of anonymity procured by the container to the goods which are carried inside and thus the difficulty in locating -time and place- of the damaging incidents. The celerity of execution of the transport operations, handling and transit of the containers, as well as the plurality of the operators, are the ingredients of these problems affecting the fluidity of the transfer of responsibility The various solutions undertaken find their sources in the national and international laws to encircle, beforehand, the constraints of containerisation and as well as possible to manage the dispute which results from this. The undertaking of the means of transport separately, jointly or overall, does not -till now- asset the consensus desired on the critical points, regarding some divergences on the adopted laws. The rational management of containerised transport, by the introduction of a legal culture, constantly brought up to date between operators, thus needed in order to reconcile its advantages and its disadvantages and this, by ensuring a follow-up brought closer to the physical transfers of the containers and by controlling the terms of private agreements concluded to this end
M'Voumbi, Maximin. "L'exploitation des aéroports : perspectives de droit international et européen." Toulouse 1, 2004. http://www.theses.fr/2004TOU10022.
Full textThe international air transport was based, for a long time, on two pilars : States and ICAO and airlines companies and IATA on the other hand. At the beginning of the 1970', airports brought about a decisive contibution to the development of international air regulation. In fact, airports gradually played an important part in the international air transport field. At the early 1980's, the USA started a policy that aimed to liberalise the air transport. As a reaction against that policy, the European Union initiated a common air policy in setting up the civil aviation single market. In addition, the Europena enforced rules concerning free competition. Nevertheless, the success of such a policy seems to be linked with airport infrastructures. It still remained that airport business concern, we mean the public air movement, became very complex. So, this situation raises many problems at the domestic law level. Among those problems, we can mention : the creation of an airport, the problems related to the management of its noise and chemical pollution drawbacks affecting residents living near the airport. Last but not least, airport administration has to deal with numerous systems of responsability
Ebondo, Wa Mandzila Eustache. "Les conditions du developpement du transport aerien en Afrique." Aix-Marseille 3, 1986. http://www.theses.fr/1986AIX32018.
Full textAbdelrahman, Hanaa. "La responsabilité civile du transporteur aérien en droit américain, français et irakien." Paris 2, 1988. http://www.theses.fr/1988PA02T007.
Full textThe sharp evolution of the air transport of goods and passengers made necessary the setting of a special regulation concerning the air carrier's liability, the rapid internationalization of this new means of transport made necessary the setting of a uniform regulation in order to try to apply a homogeneious frame to the international air carrier's liability which is done according to the provisions of the warsaw convention. However, to allow a better take-off of the air industry through the air transport, the carrier's liability has been slightly reduced by the provisions of the warsaw convention but this protection is no more necessary to day as the air transport has advanced by leaps and bounds and is now anpart every-day life tool. Therefore, the jurisprudential practice, mostly in the usa, has progressively tried to render the air transport fully responsible for all damages occuring during the critical phase of transportation, i. E. The phase during which the passenger and his luggage or the freight are submitted to the "risk of the air" and the us courts, mostly hostile to the warsaw convention limitation, have frequently tried to overturn the warsaw convention provisions
Grard, Loïc. "Du marché unique des transports aériens à l'espace aérien communautaire : contribution à l'étude du droit positif et prospective juridique." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D007.
Full textAs theatre of common policy, air transport was used to being forgotten for a long time. It became aim of such a policy steps by steps. In spite of the certain applicability of general rules of eec treaty, air sector was about a common policy aften "nouvelles frontieres" case and the adoption of the single act. Insent in a liberal mondial tendancy, a public policy toward an open market through liberalisation is developped in order to end sky division and to centralise competition policy to regulate usual comportments whose effects were not estimated as to promote commercial freedom in markets. Such an action to an air transport single market belongs to a global context of new common buildings whose aerial feedback leads to a domestic market accompained by a civil aviation policy. The domestic common air space idea so being constitute by an addition of elements traditionaly bolonging to national policies. Consequently it appears the community is to promote an external policy to prevent its market from being penetrated by foreign competitions. In conclusion the common policy includes both elements of air space : an inside civil aviation policy, an aerial exchange negociation power. So more than single air transport market the actual common policy is about to create a single air space, may be
Dupéron, Olivier. "Amenagement du territoire et transport aerien : quel modele de service public pour l'avenir ?" Reims, 1999. http://www.theses.fr/1999REIMD001.
Full textFor more than fifty years, french policy of regional planning is based on the setting up of public policies in different activities in order to fight against parisian over-concentration and obtain a balanced development of the territory. Air transport had been used in france as a tool of the regional planning policy. Therefore, public actors supported the expansion of "air inter", financially first, then putting this company in a monopolistic position on its network. "air inter" exploited in france a public utility, organized on the french conception of public utility, serving the regional planning policy. In the same way, public actors and the "d. A. T. A. R. " worked in favour of the emergence of a complementary regional air transport network, provided by "regional " companies. Community air law elaborated and passed in several stages until 1992 came into effect from january 1st 1993. It is based on organization, principles of the territorial air servicing opposing the french model. Its objective is to further the development of unrestricted competition in the european sky ; the laws making up the third "paquet aerien" in 1992 are dedicated to its liberalization. In this particular instance, because of a regional planning preoccupation, the community law allows yet the imposition of public utility obligation for air links. France put into practice this community conception of public utility, in a unique way within the european union. A "fonds de perequation des transports aeriens" was created to support local initiatives in this sphere. The future of public utility for air transport within this context take shape today
Travadel, Sébastien. "Normes techniques et normes juridiques : L'exemple de l'aviation civile communautaire." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D012.
Full textPas de résumé en anglais
Hounkanrin, Finagnon. "Le contentieux du transport de marchandises par voie aérienne." Rouen, 1988. http://www.theses.fr/1988ROUEL060.
Full textThe air goods transport takes an important place in international trade. So, it is interessant to take a look aver legal difficulties which are raised and how courts of justice settle them. Air transport is ruled by Warsaw convention which lay down uniform provisions about air carrier's liability. Those provisions were sometimes misinterpreted by law courts (civil or common law). Moreever, technical progress, the improvement of the standard of living have changed the rules laid down for sixty years. The gap between legal rules and reality is a source of problems between carrier and consignor. This theisis makes a synthesis of air freight litigations. Many important questions like carrier's liability, limitation of liability, serious offence were explained. Conditions to sue were definied. Law cases can be classified in two ways : in one hand, those which defend the interest of the consummer and those which defend the interest of the carrier, in other hand those which follow the spirit of warsaw convention and those which do not
Ismaili, Nadir. "Les problèmes juridiques soulevés par le projet de liaison fixe entre le Maroc et l'Espagne à travers le Détroit de Gibraltar." Paris 1, 1996. http://www.theses.fr/1996PA010273.
Full textThe project of linking fixed between Morocco and Spain through a strait used for international navigation and submitted to both sovereignties of the bordering states underlined the necessity of the international law to deal with this kind of activity concerning directly the other utilisations of the sea and to establish rules according to subjects evoked by the project. On the other hand, the realisation of the project by two states belonging to different economic and legal systems should make legal and institutional arrangements that will be allow to express its binational being and international dimension. Arrangements are not only to keep the equilibrium and enable the unity but to encourage the institutionalisition of cooperation and to elaborate an appropriate system of responsibility as well
Martin, Sébastien. "Les transformations contemporaines des services publics de transport." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40029.
Full textFor many years, public utilities of transport have evolved in various ways that renews the French conception of public interventionism. Up until then, public interest activities could be carried out by public bodies that allowed them to benefit from an exorbitant common law regime. All of the applicable rules effectively made it possible to set them apart from the market game. Today, as European Union law in particular affects them, they are dependant on the rules of the market, that is to say on free competition and the free provision of services. However, the State’s intervention in the economy, in the name of public interest, is not prohibited and it is possible to set aside the EC rules when they prevent public transport service tasks from being carried out. However, whereas the State alone managed this business, it now shares the task of public services with the local authorities that are controlled by European Union institutions. These various aspects lead us to reconsider, entirely, the manner in which the public services are adjusted from a legal point of view. Indeed, in many respects, it appears that new public transport services have emerged. The biggest innovation for these services, which now differ depending on whether they are organised for a “short distance” journey or a “long distance” journey, is in subjecting these services to specific rules that makes it possible to differentiate them from the transport activities that are governed solely by market rules but also from network services that enjoy a whole other regime of protection of the public service tasks
Lecordier, Sophie. "Les charters et la libéralisation du transport aérien dans l'Europe communautaire." Nice, 1994. http://www.theses.fr/1994NICE0029.
Full textAir transportation is insured by two types of service, du one hand regular services and, on the other hand, non regular services, commonly known as charters. The development of their respective legal status, tends to eliminate their distinction and results in the dilution of the charter flight, henceforth operated by both specific charter companies and by regular companies. Nonetheless, public service obligations required of the latter primarily justify a certain state controlled development of charter companies. Face with this state control, charters companies and tour operator will initiate legal action vis-a-vis the cjce which will stimulate community action. The commission and the council will take position by liberalising community air transportation. Nevertheless, this liberalization will affects the charters as the will permit the regular companies to increase their clientele by including those traditinally handled by charter companies, while the latter should respond by the regularisation of their flights or integration into a tourist group
Khakhay, Khalid. "L'assistance maritime au Maroc." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32013.
Full textInternational trade is performed, in its most part, by sea. Ships, carrying units, deal, permanently, with perils of the sea. This risk is a key element that helped to develop specific rules to salvage in maritime law, but also the instinct of solidarity reflected in the behaviour of seamen. Indeed, the salvage agreement, drawn up consequently and often to a maritime event, is an application of these legal techniques typical to maritime law and that large concept of mutual aid and help, with the specificities of the sea and its dangers, vessels and the risks they create and face simultaneously. Currently, Morocco has an old regulation, even obsolete, compared to the evolution of trade in general and maritime transport in particular. Thus, maritime operators and national companies specialized in salvage of vessels in distress choose international agreements such as "Lloyd Open Form". This practice creates abnormal difficulties between the parties, whom have the same nationality, especially with the increase of maritime salvage events at Moroccan coast and this, in the management of LOF, from the creation to the detailed execution of these terms. From the foregoing, the updating and upgrading of the Moroccan legislation in the maritime domain, like other countries, is needed. The main challenge is to make the Moroccan legal system consistent with international conventions ratified by the state, like the London Convention of 1989, taking also into account the specificities of the country
El, Gamal Tarek. "La sûreté des aéroports internationaux." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32072.
Full textAdeline, Sandra. "Le forum shopping dans le contentieux d'accidents de transport aérien international de passagers : analyse de droit comparé à la lumière du droit français et du droit américain." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D059.
Full textInternational passenger air transport accidents often give rise to complex litigation, as they involve a diversity of parties, with a myriad of proceedings triggered by the same causing event as plaintiffs and defendants may have different nationalities and be governed by different jurisdictional rules according to their personal status. Although air transport is the safest means of transport, its massification has led to a sharp rise in litigation, as domestic courts, seeking to secure passengers’ utmost protection tend to give an extensive meaning of the term “accident”, as used in international treaty law. Although air transport law has become more uniform, these remain highly complex litigations as relevant conventions do not offer self-contained regimes. They leave many legal issues unsolved, leaving a pivotal role for lex fori, and do little to discourage forum shopping. Both the 1929 Warsaw Convention and the 1999 Montreal Convention enshrine the doctrine forum shopping as they offer plaintiffs a diversity of convenient fora. Defenders too may avail themselves of a diversity of fora. The absence of an internationally competent court leads to inconsistent outcomes as no court may lay claim to the only valid construction of a particular case. This focus of this thesis is a comparative analysis of French and U.S. legal solutions
Goguel, Amaury. "Ryanair Freakonomics : paradoxes de la politique «low cost» et des aides publiques dans l’aérien ? : L’antitrust dans les « aides d’Etats » aéroportuaires : une politique de la concurrence en guerre contre elle-même ?" Thesis, Lille 1, 2016. http://www.theses.fr/2016LIL12001/document.
Full textThis thesis highlights the impact of European regulation on airline strategic behaviour, their relationships with airports and the impact of state aid. The purpose is to propose some resulting matrix allowing to better assess the efficiency of the European “low cost” policy, mainly air carriers partnerships with secondary airports and public founds they benefit. It comes to determine limitation or contradictions in the current policy led towards “low cost” airlines. To do that, we use simple models of public policy assessment. The thesis is divided into six chapters; all focus on specific and sometimes counter-intuitive aspects of the EU regulation. This is indeed the case when the impact of a regulation leads to opposite effects compared to the initial wish of the Commission. In the bottom line, we strive to show transversally that the whole strategy of a “low cost” carrier like Ryanair lies in a full exploitation of the “legal context”, hence the major importance of a comprehensive study of those regulations from which Ryanair takes the higher advantage. In a nutshell, there is no bad players, just bad rules
Papy, Romain. "L’aviation commerciale et le droit antitrust." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40031/document.
Full textFollowing the liberalisation of the EU aviation market, airlines have competed in achallenging environment. Facing the emergence of low cost carriers, traditional carriersstrengthened their consolidation strategies (mergers and alliances), connecting hubs andnetworks in order to generate economies of scale and density. This consolidation can createand reinforce barriers to entry in certain routes and in major congested airports. In addition,some practices have sought to prevent the arrival of these new entrants by adoptinganticompetitive practices (cartels, predation, discriminatory loyalty programs and verticalrestraints).Since the adoption of new antitrust procedures (2004), the European Commission extendedits control of extra-European alliances and sought to implement a more efficient policy. TheCommission’s general approach is to identify the relevant markets, to assess the likely effectson competition and to propose remedies such as the release of slots. However, between theneed to promote the emergence of new entrants, the willingness to safeguard consumerinterests and the necessity to create real "european champions", the Commission’s policyremains an increasing source of complexity and legal uncertainty for most airlines
Vougioukas, Dimitrios. "Le secteur de l’aviation et les règles de concurrence de l’Union européenne : étude des comportements et des rapprochements d’entreprises." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30011.
Full textThe application of European Union’s competition rules to the aviation sector presents a special character. The rapprochement of air companies either by the formation of alliances or mergers seem to be necessary. Indeed, it can guarantee the existence of a company as well as it serves the needs of travellers. The competitive pressure exercised by the different existing means of transportation and the globalisation of exchanges lead to this behaviour. But this consolidation of the air market can have harmful consequences for consumers. Oligopolistic structures, the hub-and-spoke system, insufficiency of infrastructures, enormous costs of exploitation along with protectionism at an international level, constitute considerable barriers for new competitors and could lead to abusive practices. Tariff transparency and cooperative agreements can furtherer cartels in between air transporters. The Commission assesses the position of the parties and competitive risks on specific routes (city pairs). This method of delimitation of the market for air transport has created a polemic, especially from the airline companies supporting an approach based on competition between networks. This debate shows the evolution of the aviation sector and the necessity of always taking into consideration new data. The upholding of an efficient competition system within the aviation sector is not an objective in itself, but means of European politic for the creation of a “Single European Sky”. The intervention of European authorities within the aviation sector is not limited to a rigorous application of competition rules but aims first at eliminating anticompetitive phenomenon by adopting a legislative framework
Hamaide, Antoine. "La contribution du transport aérien au développement local, un enjeu pour les politiques publiques territoriales." Thesis, Reims, 2020. http://www.theses.fr/2020REIMD001.
Full textIn a context of trade globalization, air transport has become a key driver for economic growth and business premises. Territorial authorities exert multiple skills to the organisation of air transport to promote the economic development of the territories. The following study therefore aims at highlighting various legal tools available to territorial authorities concerning air transport services and infrastructures to maintain a proactive policy in this area
Terrenoire, Olivier Mathieu. "De l'influence communautaire dans la protection du voyageur." Lyon 3, 2005. http://www.theses.fr/2005LYO33015.
Full textEzzahrati, Hassan. "Le pavillon marocain de commerce : état des lieux et perspectives." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1001.
Full textShip has a nationality (a flag) allowing her to be identified wherever she is. It's preferred means of transport for international trade of goods, and/or passengers, from a port to port or a country to another. To have a national merchant fleet is vital for the country (or the state), but various constraints hinder its expansion and development. The constraints are both internal and external (hegemony of the major shipping companies, domination of the major maritime nations). Nationally, the registration of a vessel is subject to certain terms. The procedures are cumbersome and complicated ; the legal texts are very old and need to be modified to meet the needs of owners to establish or strengthen their fleets. At the international level, the constraints have always existed. The history of maritime trade has always shown the desire of the great nations to dominate others. First, in a period of pure and simple colonialism, in which protests and uprisings of the colonized peoples occured, in order to regain their independence. Then, the commercial and economic domination has been established, still with the same nations, so-called developed and industrialized ; this time through bilateral or multilateral trade agreements, and international agencies (United Nations, U.N.C.T.A.D., I.M.O., W.T.O., ...). Much of these agreements and conventions were developed and personalized, under the lobbyong of the dominant nations, so that their interests are constantly safeguarded
Benboubker-Jebbari, Samira. "Risque, sécurité et responsabilité du transporteur aérien à l'égard de son passager." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D004.
Full textIn recent decades, air transport has been greatly democratized, the regulations has increased significantly. The applicable sources for the air carrier liability are based on international conventions, EU regulations and domestic legislations. This research points dynamic application of the sources and the results produced by different combinations. The evolution of the responsibility concept starts other fields of thought through a combined study of the concepts of risk and safety of air carrier towards passengers. It's also studying the particularism of the carriage contract by air of persons under new regards. EU law has brought a new vision of the carriage contract to the point that it assimilates the passenger to a consumer. The liability of the air carrier also values the new technologies field. Today, air passenger benefits from protective measures of consumer law. The damage analysis helps to understand this nesting process sources, and the diversity of cases law. EU law has set up an innovative and pragmatic regulation in line with new requirements on passenger delays and flight cancellations. The purpose is showing the important role of EU law in the cumulative application of treaty law and of Regulation No 261/2004. The general notion of delay has to be dissociated from ordinary situations generating delay; EU law has drawn a distinction between these events. The delay may be experienced collectively by the passengers, as in case of flight cancellation or individually as in case of denied boarding. EU law enacted standardized measures of assistance and compensation. These mechanisms should be explained such as the improvements proposed by the European legislator. In case of accidents the air carrier liability puts the Convention at the center of attention. Exclusivity agreements are more than ever reasserted by international jurisprudence. However this elevation of treaty law is undermined by some courts practices, which do not hesitate to put aside the Convention to the benefit of the domestic law. Dismantling risk of conventional law is softened by the different references of EU law and domestic law to the primacy of the Convention. The air carrier's liability is a strict liability. It puts an end to any financial limitations in case of body injury or death of passenger. The lack of definition of accident concept continues to raise many questions. For accidents, treaty law carries out an implicit reference to domestic law in order to determine the positions damages. As part of the complementarity of sources, it is important to have a combined approach of French domestic law, which enshrines the principle of full compensation, and the enforcement of treaty law. Air passenger travels with his personal effects. Treaty law has introduced different liability regimes depending on luggage destination. The provision of EU law is minimalist in terms of luggage, but the CJUE cases law allowed a renewed interpretation of the compensation for luggage damages. The study of this liability will lead us to stress the importance of IATA regulations and general terms of carriage which fill in the gaps in EU and treaty law, not interested in this part of the air carrier's liability. The Convention has established options of competence which lead to a multitude of courts. The advent of fifth option of competence is part of a consumerist approach of treaty/conventionnal law. More ground of jurisdiction are, more important is the practice of forum shopping. Jurisdiction rules have been enacted by the jurisprudence as mandatory. The introduction of standardized measures of assistance and compensation by EU law highlighted the purview of exclusive nature of the jurisdiction rules. A liability action of victims in case of aircraft accidents or their heirs before the U.S. courts is likely to result in a forum non conveniens. A survey of American and French jurisprudence is needed to measure the extent of this phenomenon. (...)
Vallée, Fabien. "L’évolution juridique de la surveillance en matière de sûreté de l’aviation civile en France." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20019.
Full textFacing a terrorist threat that requires to keep air transport networks “at a high level of vigilance”, civil aviation security, which is defined as “the combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference”, is a major challenge in France.The communitisation of this field in the aftermath of the events of 11 September 2001 – which led in particular to the obligation of developing and implementing a national civil aviation security quality control programme – and the increased involvement of air transport operators in the implementation of security measures (the co-production of security) have gradually prompted the French State to refocus its security activities on the monitoring of these operators. This evolution of the role of the State required an evolution of civil aviation law and public law to ensure the effectiveness of monitoring activities while reconciling security requirements with the rights and guarantees of the persons involved in the implementation of security measures. The security approval of legal entities and the certification of natural persons are the legal expression of this evolution. The study of these legal techniques demonstrates that oversight is a dynamic process, constantly adapting to changes in operating procedures and processes, risks posed by air transport operators activities, human factors principles and the threats to civil aviation
Makaya-Batchi, Roméo Boris. "La portée de l'évolution de la nature juridique des annexes à la convention relative à l'aviation civile internationale pour les états africains." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1009.
Full textThe texts referred to, for convenience, annexes to the Convention on International Civil Aviation, known as the Chicago Convention, are not, under international law annexes to the Convention because they lack the same legal status as it. They acquire legal force once transposed into national law of States which may also be waived. For years, the non transposition of annexes in the positive law of states was tolerated. However, since the introduction of the system safety audits and safety, the lack of transposition may result in the placement of states on the secure site in the organization of the International Civil Aviation Organization (ICAO) and / or the list black of the European Union. By these two facts, the annexes have gained significant changes that impact the majority of states, particularly in Africa, where the rate of non-compliance with Schedules is the highest of all continents, what is wrong without consequence for aviation relations international and development industry of civil aviation for the African continent
Correia, Vincent. "L’Union européenne et l’ordre international de l’aviation civile : la contribution de l'Union européenne aux évolutions contemporaines du droit aérien international." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40050.
Full textThe way in which the Member States have redefined the conditions regarding how they exercise their air sovereignty, by progressively transferring power to the European Union, cannot be viewed solely as them removing and reducing their individual powers. The powers conferred to the European Union in aviation matters are resulting in an affirmation of the international role of Europe as a whole. This on-going, and as yet incomplete process, may be seen in a greater recognition of the specific European aspect regarding Civil Aviation. In spite of the hesitance of Member States and non-member States, the European Union has progressively taken its place among the key players, able to influence developments in modern aviation law, in the same way as other established aviation authorities and especially the United States. These new trends reveal the flexibility and elasticity of the Chicago Convention and the potential future developments in International Civil Aviation
Vaugeois, Mathieu. "La politique commune des transports aériens de l'Union européenne : compétence partagée ou occupation du terrain?" Thèse, 2011. http://hdl.handle.net/1866/5877.
Full textThe purpose of this study is to determine whether air transport in Europe is a shared competence between European Union (EU) and the Member States, or whether it is an a field under the jurisdiction of the EU in this specific area. We will review the EU regulatory framework on air transport in Europe. Initially, we will focus on issues concerning aviation in general in Europe, such as the establishment of a single market for aviation and "open skies" agreements. Then, we will analyze the specific regulatory framework such as the environment, protection of air passengers, the security and safety.