Tesis sobre el tema "Conseil international des musées"
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Guiragossian, Olivia. "Représenter le phénomène muséal et son évolution. Approche statistique et compréhensive de la notion de musée". Electronic Thesis or Diss., Paris 3, 2024. http://www.theses.fr/2024PA030024.
Texto completoHow many museums are there in the world? Based on a numerical approach to the museum world, this question raises a number of issues about what museums represent, how they develop, and the knowledge and understanding we have of them. However, museums do not benefit from a satisfactory quantitative approach, and no research to date has addressed the issues involved in the construction and significance of these figures for a representation of the museum phenomenon.This work develops as the successive opening of several black boxes, exploring in turn the issues of the definition of the museum, the methods of census and observation, and the means of expressing its diversity. It is based in particular on fieldwork devoted to census strategies around museums in France, questioning the possibility of differentiated museum landscapes and perimeters and raising a constitutive tension between recognition and invisibilisation. This reflection is related to the challenges of European statistics in the formation of a Europe of museums, based on the analysis of its actors and their productions. Finally, the debates led by ICOM around the definition proposed in 2019 at the Kyoto Conference highlight the creation of an international consensus, confronted with specific visions of museums around the world. In this way, I hope to bring to light the dynamics of the structures of information systems dedicated to the museum, to objectify the different visions of the museum throughout the world, and to initiate new methods that can contribute to the development of museology
Dumoulin, Christine. "Les nouvelles orientations du Conseil de sécurité". Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/10233.
Texto completoDenis, Catherine. "Le pouvoir normatif du Conseil de sécurité des Nations Unies : portée et limites /". Bruxelles : Bruylant, 2004. http://catalogue.bnf.fr/ark:/12148/cb40048310c.
Texto completoRebattet, Philippe. "Le conseil fiscal notarial en gestion de fortune : planification successorale et structuration patrimoniale". Thesis, Lyon, 2018. http://www.theses.fr/2018LYSES014/document.
Texto completoThe french notary has an essential function to advise families in the management of their heritage. He actes directly or indirectly for the files of tax optimization. For the high-net-worth individuals (HNWI) and the ultra high-net-worth individuals (UHNWI), his role can be determining in the construction of the plans of tax optimizations. We find the added-value of the French notary advise in its legal and tax skills The intervention of the French notary also extends in the international cases. The expertise of the French notary in private international law and in taxsystem international allows to accompany the cross-border family and international wealth structuring
S̆muclerová, Martina. "Le recours à la coercition par le Conseil de sécurité des Nations Unies". Paris 1, 2010. http://www.theses.fr/2010PA010340.
Texto completoTabbal, Michel. "Les sessions extraordinaires du Conseil des droits de l’homme des Nations Unies". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020042.
Texto completoSpecial sessions are one of the major innovations of the reform that established the Human Rights Council in 2006 as a subsidiary body of the United Nations General Assembly. While the Council holds three regular sessions each year, a special session allows States to respond to an urgent situation by organizing a debate, to assess and qualify violations and also to establish investigative mechanisms. The systematic analysis of the twenty-six special sessions held in nearly a period of twelve years illuminates, not only the balance of power between the actors involved, but also a new dynamic of international law, integrating international humanitarian law and international criminal law into the field of competence of the Human Rights Council
Ascensio, Hervé. "L'autorité de chose décidée en droit international public". Paris 10, 1997. http://www.theses.fr/1997PA100143.
Texto completoThe notion of "authority of decisions" is used to describe and understand the juristic value in international law of a category of unilateral acts : those acts which may impose obligations to their subjects without their consent, such as decisions of the security council of the united nations. Reference to french public law can be useful, even if international law is a very different legal system characterized by a very loose structure. This authority is defined by four criteria : insertion in a legal system with an organic structure, existence of authoritative organs, binding effect of decisions, review of the decisions by a judicial organ. The first and the second criteria make clear that there are three types of organs capable of creating law unilaterally in international law: organs of international organizations, states as organs of international law, and "composite" organs. The third and fourth criteria show the specific relationship which is essential for authority : application and discussion of the authority of decisions. Then, the notion of "autorite de chose decidee" constitutes a very efficient tool to analyse all types of decisions in international law. Precisions about the obligation and about its limits in case of judicial review are provided. Consequently, decisions are obligatory and may be executed without delay. More developed international forces are required to make decisions more efficient
Béquain, Guénaël. "Le Conseil constitutionnel et l'application des engagements internationaux". Bordeaux 4, 2002. http://www.theses.fr/2002BOR40026.
Texto completoHabibi, Homayoun. "La notion de menace contre la paix en droit international". Paris 1, 2000. http://www.theses.fr/2000PA010280.
Texto completoFleurence, Olivier. "Le débat actuel sur la réforme du Conseil de sécurité de l'Organisation des Nations Unies". Paris 2, 1998. http://www.theses.fr/1998PA020065.
Texto completoThe end of the cold war has brought the question of the reform of the security council back before the general assembly. However, the current reform proposals go far beyond earlier initiatives which were essentially limited to increasing nonpermanent membership; the inclusion of proposals relating to permanent membership raises inter alia the delicate question of the veto. Growing accusations of illegitimacy have led member states to look for ways of enhancing the council's legitimacy without undermining its effectiveness. The council's working methods are already under review to enhance their transparency and to promote the involvement of all member states in the maintenance of international peace and security. But the current debate cannot remain limited only to the question of membership or functioning; it must also come to grips with the organizational environment within which the council works. It is time for member states to reassert, as prescribed in the charter, that the security council acts as an organ of the united nations on behalf of the membership as a whole. Reform efforts therefore must now be directed towards better defining the relationship between the council and the general assembly. Each organ must play its full part - in accordance with the mandate afforded to it in the charter in the attainment of the organization's goals. The council will also benefit from having its actions submitted to judicial review to ensure that they comply with the charter and with widely recognized rules of international law
Pronitcheva, Karina. "L'industrie de la parfumerie française et les musées : entre public et privé". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCA018.
Texto completoThis research in Museum studies focuses on exhibitions of French commercial perfumery in perfume and art museums throughout France. Starting with the history of exhibitions of commercial items in museums from the mid-19th century until luxury brands exhibitions at the Costume Institute of the Metropolitan Museum of Art in the 1980s, the study examines the birth and the development of different museum projects related to the French perfume industry (Château de Chamerolles, Esprit du Parfum in Chartres, Cour des Senteurs of Versailles, Collection Sylvie Guerlain-Traditions Verrières in the town of Eu) as well as the growth of luxury brands’ exhibitions in public museums (Chanel, Dior, Roger & Gallet). Public authorities’ policies, perfume brands’ strategies or motivations of public museums which host such exhibitions are analyzed one by one. The case of the International Museum of Perfumery (1989) in Grasse deserves a study in its own right: I consider the history of the museum, the museum’s section of the 20th century perfumery, the role of corporate sponsorship in enriching museum collections as well as the local competition from private perfume museums set up by Fragonard, Molinard or Galimard brands. The last chapter focuses on French department stores and their fashion exhibitions’ programs capable of competing with public museums’ attractions and leading to the progressive blurring of boundaries between a museum space and a commercial one
Ndiaye, Sidy Alpha. "Le conseil de sécurité et les juridictions pénales internationales". Thesis, Orléans, 2011. http://www.theses.fr/2011ORLE0005/document.
Texto completoThe purpose of our research is to acknowledge that the link between the Security Council and international criminal jurisdictions is to be understood essentially under two entirely new perspectives in international law: the direct or indirect involvement of the Security Council in the creation of jurisdictional bodies and its intrusion in the operating procedures of the latter. Legally, the Security Council fully exercises this double role in accordance with Article 24 of the Charter of the United Nations, which devolves to it the main responsibility in the matter of maintaining peace and international security. Indeed, the Security Council, whether it is in the creation of ICCs, in its variable role in the setting up of mixed courts, in its power of submission and suspension of cases before the ICP which is imparted to it by the Statute of Rome, in its ultimate part in ensuring the obligation mutual cooperation amongst states, or in its discretionary power in the characterization of the crime of aggression, has become, thanks to the abiding foundation of Chapter VII, the genuine catalyst of international criminal justice. However, the downside to this importance of the Security Council is neither to be overlooked nor without interest. The sudden, and at first highly debated emergence of the Security Council in the area of international criminal justice has rekindled an old debate in international law: that of the political and the juridical order. The terms of this conflict show quite clearly through the approach of our analysis. We cannot evade this debate, considering how intricately the issues and concerns of international criminal justice and those of relating to peacekeeping are consubstantially interwoven. We may notice, albeit at some distance and some restraint, that the very terms of this link nurture all sorts of conjectures over the independence and impartiality of the international criminal courts
BADAOUI, MOHAMED. "La participation des États du Conseil de coopération du Golfe au développement international : l'aide publique au développement". Lille 2, 1991. http://www.theses.fr/1991LIL20012.
Texto completoGulf arab countries which are members of g. C. C. Played a precursory part in the south-south financial cooperation. This cooperation was institutionalized at the start of the sixties into a bilateral level. Ten years after, these solidarity efforts have steadily widened over. The main purpose was to reduce the consequences of the world economic crisis for developing countries by providing financial assistance which en compasses a number of multilateral channels. G. C. C. Members have faced an infavorable external environnement, nevertheless they always given priority to the least developed countries which have to support this south-south financial cooperation policy is in keeping with the general pattern of the north-south talks which is more equitable. The gulf arab countries (saudi arabia, kuwait, qatar, u. A. E. , bahrein and oman) formed the gcc en 1981 to their own attempt at integration among themselves and to finance then own economies after the oil exhausting. Nevertheless, gcc countries will carry on with their financial assistance to least developed countries which consider that international assistance has never reached the level settled by the international community
Ndiaye, Sidy Alpha. "Le conseil de sécurité et les juridictions pénales internationales". Electronic Thesis or Diss., Orléans, 2011. http://www.theses.fr/2011ORLE0005.
Texto completoThe purpose of our research is to acknowledge that the link between the Security Council and international criminal jurisdictions is to be understood essentially under two entirely new perspectives in international law: the direct or indirect involvement of the Security Council in the creation of jurisdictional bodies and its intrusion in the operating procedures of the latter. Legally, the Security Council fully exercises this double role in accordance with Article 24 of the Charter of the United Nations, which devolves to it the main responsibility in the matter of maintaining peace and international security. Indeed, the Security Council, whether it is in the creation of ICCs, in its variable role in the setting up of mixed courts, in its power of submission and suspension of cases before the ICP which is imparted to it by the Statute of Rome, in its ultimate part in ensuring the obligation mutual cooperation amongst states, or in its discretionary power in the characterization of the crime of aggression, has become, thanks to the abiding foundation of Chapter VII, the genuine catalyst of international criminal justice. However, the downside to this importance of the Security Council is neither to be overlooked nor without interest. The sudden, and at first highly debated emergence of the Security Council in the area of international criminal justice has rekindled an old debate in international law: that of the political and the juridical order. The terms of this conflict show quite clearly through the approach of our analysis. We cannot evade this debate, considering how intricately the issues and concerns of international criminal justice and those of relating to peacekeeping are consubstantially interwoven. We may notice, albeit at some distance and some restraint, that the very terms of this link nurture all sorts of conjectures over the independence and impartiality of the international criminal courts
Rollin, Romain. "Le droit international non écrit devant le juge français : contribution à l'étude comparée des jurisprudences du Conseil d'état et de la Cour de Cassation". Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX3A003.
Texto completoThe application of unwritten international law is one of the most difficult question in french law. Integrate in domestic order by the alinéa 14 of the Préambule of the 1946 Constitution, these rules does not look like any others. They are provided with a sui generis system. Their insertion and their application in national domestic order as well as their legal value in the hierarchie of sources were consacrated by the judge in special case of law. While private judge enforce all the rules since the french Revolution, public judge mentions in a prudent and progressive way from 20 century, general principles of international law and international custom. Divergent for a long time, case of public law and case of private law are more and more similar. Even if a distinction, more and more precise between rules of international protection of human right and rules concerning law of peace, exists
Aktypis, Spyridon. "L'institution de la légitime défense en droit international : du droit naturel à l'ordre public international". Paris 2, 2007. http://www.theses.fr/2007PA020029.
Texto completoAbdallah, Hassan Ali Alashaal. "Recherche sur la mise en oeuvre des mesures coercitives du Conseil de sécurité en droit international et en droit interne". Paris 2, 2001. http://www.theses.fr/2001PA020062.
Texto completoShaygan, Farideh. "La compatibilité des sanctions économiques du Conseil de sécurité avec les droits de l'homme et le droit international humanitaire". Paris 11, 2007. http://www.theses.fr/2007PA111001.
Texto completoBruce-Rabillon, Eva. "L' article 55 de la constitution dans la jurisprudence du Conseil Constitutionnel". Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32024.
Texto completoBy recognizing to the treaties and agreements ratified or approved a "superior authority on the laws", the 1958 Constitution has solemnly affirmed the primacy of international norms on the internal legal order. But in the absence of any precision as to the judicial organ in charge of insuring this principle, it was the constitutional judge to decide. The key decision "Interruption volontaire de grossesse" of the 15th January 1975, where this organ declined its competence is the cornerstone of a stable jurisprudence according to which ordinary tribunals are implicitly but incontestably charged with what has been named the "control of conventionality". However, if for the Constitutional Council, the article 55 does not create a condition of the conformity of laws to international treaties, it does lay a principle of hierarchy, which may be enforced within the framework of constitutionality control Thus, the analysis of article 55 of the Constitution reveals that the prescriptions there contained are aggregated in a double normative content, which leads, under the impetus of the constitutional jurisprudence, to double jurisdictional competence : the Constitutional Council, judge of constitutionality, is in charge of the direct constitutionality prescriptions contained in the article 55 while the ordinary judge, judge of conventionality, insures the enforcement of the indirect conventionality prescriptions implied by this article. The study, which aims to give a complete balance sheet of article 55 of the Constitution in the jurisprudence of the Constitutional Council, will in a first time focus the theoretical issue of jurisdiction, and in a second time, the judicial enforcement of this provision at the Constitutional Council
Allafi, Mousa. "La cour pénale internationale et le conseil de sécurité : justice versus maintien de l'ordre". Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1002/document.
Texto completoThe international criminal Court system (ICC) whose mission is to ensure international justice, is based on a close relationship with the security Council. So it is proper to wonder about the Council’s role in the functioning of international criminal justice. Such a questionning is fundamental, for the intervention of a political body into the functioning of a judicial body calls into question the missions of both institutions. The Council’s interference in the activity of the ICC, based on its mission of maintaining international peace, is actually carried out on behalf of an international order intended by the Council itself. This role affects the functioning, the independence and even the impartiality of the ICC. The powers the Rome Statute gives to the Council allow it to refer to the ICC, to impose for the States to cooperate with the Court, to suspend its activity or also to qualify an act as a crime of aggression. However the relations between the Council and the ICC should not be subordinated, but maintained in mutual respect. Thus there is a real concern regarding the observance of the Rome Statute by the Council. The study highlights the conflict between justice and politics and reveals the current issues in terms of international criminal justice
Denis, Catherine. "Vers un renouvellement du processus normatif en droit international public? La compétence du conseil de sécurité des Nations Unies dans la production de normes en droit international". Doctoral thesis, Universite Libre de Bruxelles, 2003. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/286865.
Texto completoNougaret, Gilles. "Les droits de l'homme dans l'action du Conseil de sécurité des Nations Unies". Paris 10, 2004. http://www.theses.fr/2004PA100067.
Texto completoTokarskiy, Eduard. "La Russie au Conseil de sécurité des Nations Unies 1991-2017". Electronic Thesis or Diss., Sorbonne université, 2023. http://www.theses.fr/2023SORUL055.
Texto completoAfter the end of the Cold War, the situation at the global geopolitical arena has changed dramatically. The USSR has gone down in history. The UN and its Security Council began to function effectively in the absence of confrontation between the blocs. However, for Russia, as the continuer of the USSR, the fall of the empire turned out to be difficult. The country lost most of its influence but managed to retain a permanent seat in the Security Council. This seat allowed Russia to compensate for its relative weakness and influence global processes to form a stable world order and realize its national interests through the broadest multilateral cooperation. This study is devoted to the question of Russian policy in the UN Security Council in the period after the end of the Cold War and up to the second half of the 2010s. The task is to understand the Russian approach to the functioning of the Security Council, to show and explain its transformation, as well as to assess changes in Russia's foreign policy over the relevant period. Based on the UN archives, the testimonies of diplomats and experts, Russian and Western historical and scientific literature, we study in this dissertation the evolution of Russian politics in one of the main multilateral bodies of the world, as well as the relevant changes at the international scene between 1991 and 2017
El, Baroudy Jinane. "La sanction du crime international d’agression : perspectives de droit international et de droit comparé". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA015.
Texto completoThe lack of definition of the international crime of aggression, described as the mother of all international crimes, by the International Criminal Court, and the inability of the Security Council to qualify and punish such violations to establish justice and peace, participate that the aggression, through the use of armed force, remains unfortunately nowadays a tradition as often as dangerous. Beyond the conceptual difficulty, there is another problem that is as difficult to overcome in the national and international scenes, namely identifying the way to repress these wars. The lack of identification of the authors of these wars and the non-recognition of the victims lead to lack of punishment which is the main source of repetition of the violations by the great powers.In order to know whether it is realistic and appropriate to prosecute this crime as an act of the State, without forgetting the individual dimension of the act, the purpose of this research was to identify all remedies whether through the courts or by political means (the UN, regional organizations, national parliaments, public opinion). Concerning judicial matters, this research analyzes internal repression by the judge (in the French, German, American and English systems) and by the international judge to the International Criminal Court and other international tribunals. This thesis aims to present all real possibilities of engagement and liabilities for international crimes of aggression, whether these are treated as major political mistakes or crimes, through an analysis of the obstacles encountered by the application of international and domestic laws in the context of crimes of aggression
Ailincai, Mihaela. "Le suivi du respect des droits de l'homme au sein du Conseil de l'Europe : contribution à la théorie du contrôle international". Grenoble 2, 2009. http://www.theses.fr/2009GRE21040.
Texto completoThe term of "compliance control" gives rise to questions not only because it does not have any particular legal meaning, but also because it seems to replace the more classical term of "control". The compliance control procedures in the field of human rights protection which have been developed within the framework of the Council of Europe show that this semantic modification does make sense. It emphasizes the necessity of changing the way the international control is traditionally considered. By analogy with the notion of control developed within the national legal order the doctrine generally considers international control as an authoritative means of law implementation which is, as such, closely related to the notion of sanction. Furthermore, it exalts judicial control which is regarded as the most accomplished form of supervision. This opinion particularly prevails in the field of human rights protection as it is accepted that state sovereignty is less important than the necessity of individual rights protection. The compliance control procedures for the respect of human rights established by the Council of Europe make us look at these two aspects in a different way. These procedures represent a flexible technique of international control characterized by its continuity and by the fact that it serves to help states to implement European standards in the field of human rights protection. Its aim is not to blame states for deviant behavior, but to promote and to assist the implementation of the norms concerning human rights. Due to its characteristics the compliance control can usefully complete judicial activities of the European Court of Human Rights and even encourage the dynamic of its case-law. Thus, compliance control, along with judicial control, contributes to the effectiveness of human rights
Thuillier, Fabrine. "Le Conseil de l'Europe et le droit des peuples à disposer d'eux-mêmes". Tours, 2000. http://www.theses.fr/2000TOUR1004.
Texto completoLe, Roy Dominique. "La Force majeure dans le commerce international". Paris 1, 1991. http://www.theses.fr/1991PA010267.
Texto completoThe notion of "force majeure" figuresin all the juridic systems, but these differ as far to the characters which they attribute to it. The international trade agents confronted with this diversity, which is imperfectly resolved by the conflict of laws, had tried to found a solution with specific clauses or by recourse to arbitration in case of dispute. However, it is more by precising the manner to front the consequences of the difficulties created by the "force majeure" than by its definition that the protagonists had put in evidence an uniform procedure. The contractors do not wish to renounce to the contract execution : even when it is greatly compromised, whole is done to preserve a part of it. The solution has been made possible by the development of duties of each party. Two aspects have to be distinguished: mutual information and cooperation to minimize the consequence of the "force majeure"
Barthelmess, Stephan. "L'urbanisation de l'architecture (étude d'un phénomène international à travers l'exemple de projets choisis parmi les musées et les édifices culturels de Richard Meier, prenant particulièrement en considération les aspects urbanistiques et picturaux de son architecture)". Paris 4, 1995. http://www.theses.fr/1994PA040385.
Texto completoIt is precisely in projects for cultural buildings in the center of the city as architectural task that the development of an urbanization of architecture can be seen since the early 1970s. Meier's projects demonstrate the strong influence of city planning principles on architecture, such that architecture itself becomes as in Frankfurt and Ulm - an illustration of the aesthetic and formal appearance of the city. The result of the development of such practice leads finally to an urbanization of architecture. The architecture of the modern movement sought to resolve problems of urban building architecturally, which led to the loss of the open and variegated structure of the city of the past. Contemporary architecture tackles architectural problems from the standpoint of the requierements of urban planning, and this can lead to a regaining of urban openness and density as well as to an enrichment of urban experience. The incorporation of requirements of urban and pictorial developments into the architectural conception underlines the cultural aspect of this architecture. In this sense Richard Meier's architecture is a convincing contribution to the question; what can art and architecture mean for the town of today?
Lakjaâ, Karim. "Le régime juridique du désarmement balistique, biologique, chimique et nucléaire de l'Iraq : de la résolution 687 (1991) à la résolution 1762 (2007)". Reims, 2010. http://theses.univ-reims.fr/droit_lettres/2010REIMD005.pdf.
Texto completoIn 1990, Iraq invaded Kuwait. After a one-sided war, the Security Council with UN resolution 687 (1991), requires the disarmament of Iraq through a system of inspections - checking his Weapons of Massive Destruction. This legal regime will continue until resolution 1762 (2007) as a means of pressuring the Iraqi regime. It will not disappear once it defeated by the combined effects of the Gulf War, economic sanctions, war of attrition conducted from 1991 to 2002 and an armed attack in 2003. The mandate of disarming Iraq has been entrusted to the International Atomic Energy Agency (IAEA) and United Nations Special Commission and the IAEA and the United Nations Commission of Control and Audit in Iraq. Economic sanctions adopted to evacuate Kuwait are maintained 13 years. They will be based on resolution 986 (1995) said oil against food and cause 1. 5 million deaths. Iraq will also be subjected to military coercion and interference permanent: imposition of two no-fly zones, attempts to destabilize the regime, successive raids. In 2003, this state is subject to invasion and occupation, justified by the presence of WMD remained unaccounted for, but with only one objective: to overthrow the regime. Ultimately, the Iraqi case demonstrates the primitif character of international law that allowed arbitrary legislative activity of the Security Council of UN and unilateralism of the United States, are the source of the destruction of a state and of a people
Thomé, Nathalie. "Les pouvoirs du Conseil de Sécurité au regard de la pratique récente du chapitre VII de la Charte des Nations Unies /". Aix-en-Provence : Presses Univ. d'Aix-Marseille, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/516617141.pdf.
Texto completoAubert, Bernadette. "Le droit international devant la Chambre criminelle : cinquante ans de jurisprudence". Poitiers, 1998. http://www.theses.fr/1998POIT3007.
Texto completoGratadour, Audrey. "L'apport de la théorie des systèmes dynamiques complexes à l'ontologie du droit international dans la crise : Analyse de l'action normative du Conseil de sécurité". Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20010/document.
Texto completoThis thesis is an original reflection on international law in time of crisis, as it addresses international law through a little-known theory in law, that of complex dynamic systems. The study of the specific case of the normative management of the crisis by the Security Council illustrates the interest of the use of an innovative theory in law.The theory of complex dynamic systems provides the tools to think differently the law, based on the interaction of law with the particular context in which it operates, the crisis, and its actors. The highlighting of these interactions favors a critical reading of international law in time of crisis and helps to renew the ontology of law. The complex dynamic understood and defined by this theory are useful when explaining the strengths and limitations of the Council’s action in time of crisis. In addition to renewing the ontology of law, complex dynamic systems theory facilitates a prospective reading of the normative action of the Council and stresses the institutional role of law
Gratadour, Audrey. "L'apport de la théorie des systèmes dynamiques complexes à l'ontologie du droit international dans la crise : analyse de l'action normative du Conseil de sécurité". Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26875.
Texto completoCette thèse est une réflexion originale sur le droit international dans la crise, car elle aborde le droit international grâce à une théorie peu connue en droit, celle des systèmes dynamiques complexes. L’étude du cas particulier de la gestion normative de la crise par le Conseil de sécurité illustre les intérêts de l’utilisation d’une théorie novatrice en droit. La théorie des systèmes dynamiques complexes offre les outils d’une réflexion sur le droit, fondée sur les interactions du droit avec le contexte particulier dans lequel il intervient, la crise, et ses acteurs. La mise en lumière de ces interactions favorise une lecture critique du droit international dans la crise et permet de renouveler l’ontologie de ce droit. Les dynamiques complexes appréhendées et définies par cette théorie sont utiles lorsqu’il s’agit d’expliquer les atouts et les limites de l’action normative du Conseil. Par ailleurs en renouvellant l’ontologie du droit, la théorie des systèmes dynamiques complexes facilite une lecture prospective de l’action normative du Conseil et insiste sur le rôle institutionnel du droit.
This thesis is an original reflection on international law in time of crisis, as it addresses international law through a little-known theory in law, that of complex dynamic systems. The study of the specific case of the normative management of the crisis by the Security Council illustrates the interest of the use of an innovative theory in law. The theory of complex dynamic systems provides the tools to think differentely the law, based on the interaction of law with the particular context in which it operates, the crisis, and its actors. The highlighting of these interactions favors a critical reading of international law in time of crisis and helps to renew the ontology of law. The complex dynamic understood and defined by this theory are useful when explaining the strengths and limitations of the Council’s action in time of crisis. In addition to renewing the ontology of law, complex dynamic systems theory facilitates a prospective reading of the normative action of the Council and stresses the institutional role of law.
Combaz, Emilie. "Négocier l'atrocité : la torture comme question multilatérale, 1945-2009 : une étude comparative (Nations Unies, Conseil de l'Europe, Organisation des Etats américains)". Paris, Institut d'études politiques, 2011. http://www.theses.fr/2011IEPP0018.
Texto completoThe dissertation, grounded in historical and political sociology, shows why and how the issue of torture was brought up (or not) and addressed between 1945 and 2009, at the UN, the Council of Europe and the OAS. Five intriguing features of the issue are first noted. A comparative history of the issue is then presented: pre-histories (going back to the 19th century) and beginnings (1945-1950); the 1951-1972 period, including developments that were limited but sometimes forerunning; the pivotal year of 1973 and its prolongations (1973-1989); the years 1990-1998, with a relative consensus on the rejection of torture; and a period of crisis (1999-2009), marked by radical state contestations and their limits. Finally, the dissertation shows what multilateralism does to the issue of torture, and vice versa. It sheds light on the individual and collective multilateral game on that topic, through its actors, institutions and systems. Moreover, what is said multilaterally about torture as an object, a problem and a social fact is looked into (political substance, form and borders). The study gives grounds for the following conclusion: after powerful sets of states opened up (sometimes involuntary) opportunities for mobilization and increased generality on torture, during the 1940s-1960s, figurations made up of a variety of actors – insiders endowed with significant capacity to act and a commitment or a specialization against torture – used, from the 1970s on, existing arrangements to generate specific developments against torture, as multilateral bodies gradually became more autonomous, and as a field relating to torture and a complex against torture then became established
Delile, Jean-Félix. "L’invocabilité des accords internationaux devant la Cour de justice et le Conseil d’État français". Thesis, Bordeaux, 2014. http://www.theses.fr/2014BORD0285/document.
Texto completoThis thesis analyses the invocability of International Agreements before the European Court of Justice and the French“Conseil d’État”. A convergence of the Case-Law of these Courts exists on this matter. On one hand, the constitutionalconditions for incorporation of Treaty rules are similar, owing to the common monist orientation of EU and FrenchLegal Orders. On the other hand, Direct Effect – ie the ability of a rule to grant substantive Right – is the main filter ofthe invocability of Agreements before the Courts of Paris and Luxembourg. The recognition of Direct Effect isdecided by a judge’s choice. And it appears that the methods of interpretation used by the French “Conseil d’État”,combining exegesis and teleology, are coming close to those advocated by the ECJ. In the Judicial Review, theconnection between invocability and Direct Effect can however be criticized, because the claimant doesn’t call for theapplication of one of his individual Rights, but for the legality control of a norm on the ground of another norm. TheECJ and the French “Conseil d’État” have indeed given some limited effect to the non-directly effective rules ofInternational Agreements, for example by interpreting domestic law in conformity with this kind of Rules. Howeverthe impossibility to contest the violation of these Rules breaches certainly the Rule of Law. Then, it is necessary tocreate a form of invocability based on the primacy, independent of the direct effect filter, allowing domestic Courts tostrike down legislation in cases of clear-cut, manifest breaches of these Rules
Alzaabi, Ali. "Le Conseil de Coopération du Golfe (CCG), Instrument de la Politique de Sécurité dans la Région du Golfe : Enjeux et Risques (1981-2008)". Thesis, Paris 4, 2012. http://www.theses.fr/2012PA040025.
Texto completoThe Gulf region has three major powers: Saudi Arabia, Iran, Iraq, and smaller countries such as Bahrain, Kuwait, Qatar, the UAE and the Sultanate of Oman. The Gulf region, greater concentration of oil reserves in the world, represents not only a strategic reserve for the refining and oil supplies, but also an area of long-term extraction of natural gas.Economic problems and lack of freedoms are raised the question of the legitimacy of leaders of countries in the Gulf region. Institutional bodies, like parliaments, faced difficulties in exercising their duties and see their limited discretion by the executive. Looking for a simple but realistic, given the current system should focus on identifying challenges to ensure regional stability, taking account, of course, the international context
Hindawi, Coralie. "L'emploi de la coercition à l'encontre de l'Iraq depuis la résolution 687 (1991) du Conseil de sécurité de l'ONU et ses effets". Grenoble 2, 2008. http://www.theses.fr/2008GRE21030.
Texto completoIn an attempt to better understand the international policy that has been conducted towards Iraq since the end of the second Gulf War (1991), the focus of this interdisciplinary study has been put on the use of coercion and its effects. Within this context, the invasion of March 2003 appears to be the climax of a lengthy process of increasingly using coercion against Iraq from April 1991. Our study confirms the pivotal role played by the United States both throughout the 1990's as well as in the new war. Indeed, the US was always the driving force behind the choice of coercion. At the same time, it also stresses the link between developments in Iraq and the more general practice since the end of the Cold War of increasingly resorting to coercion, in particular military force, in international relations. This analysis insists on the importance of the coercive approach for understanding what prevented the restoration of a lasting peace after the second Gulf War. Notwithstanding its particularities and its extreme character, the Iraqi case demonstrates well where the coercive approach can lead if carried to its conclusion in the face of a defiant regime. It is also sad evidence of the dangers lurking beneath such an approach, both for the targeted state and its population as well, as for international relations and the peaceful settlement of conflicts in general
Al, Marri Ali. "Les frontières terrestres de la péninsule arabique". Paris 1, 1997. http://www.theses.fr/1997PA010307.
Texto completoThe concept of border lines within the arabian peninsula is a fairly recent notion. As a region inhabited by wandering tribes, who speak the same language and share the same religious beliefs, there was no need to define precise border lines until the twentieth century. The first part of the thesis is dedicated to the historical, geographical, social and human aspects of the arabian peninsula. The british presence in the region and moreover, the discovery of huge oilfields, have pressurised the local political groups into defining their borders, in order to ensure the respect of their sovereignty. The second part is then dedicated to the creation of borders and to the subsequent disputes. Although peaceful solutions have been found to avoid clashes, other disputes have resulted in outright armed conflict. To avoid such serious issues and within the framework of the peaceful settlement of border lines, the gulf cooperation council has played an increasingly growing role. It is in the interest of all the regional states to go along with this peacekeeping settlement process
Moreau, Gaëtan. "Le langage du Conseil de Sécurité de l'ONU : analyse de discours des résolutions en français et en anglais depuis 1946". Thesis, Sorbonne Paris Cité, 2019. http://www.theses.fr/2019USPCA021/document.
Texto completoThis thesis tries to first show how close text analysis methods in International Law and in Language Sciences are, and how well they complement each other, particularly in the field of Translation studies, to produce a discourse analysis of the UN Security Council resolutions from 1946 to 2015 included, that is relevant in both fields, and as such, truly interdisciplinary. Such corpus analysis using textometric tools onto the text itself as well as on various contextual data allows us to produce actionable results in both scientific fields, which is a stated goal of Digital Humanities.We show one such result by establishing the ordinary meaning of the English version of Resolution 242 (1967) by figuring out for our corpus the translation frequency into French of the English plural zero determiner in order to determine its ordinary meaning. By doing so, we help resolving a long-standing issue of interpretation in International Law, as well as produce a model of the usage of this determiner in English. Furthermore, we show how translation characteristics can reveal semantic extension of certain words and how a legal analysis of the UN Security Council resolutions can be approximated with an algorithm based on purely linguistic features. Online data : https://hdl.handle.net/11403/csonu
Abdulsalam, Sobah Ali. "Convention d'arbitrage et constitution du tribunal arbitral dans les législations des pays membres du conseil de coopération du golfe". Dijon, 1997. http://www.theses.fr/1997DIJOD003.
Texto completoAlthough the arbitration is well known in the gulf and Arab countries since the past, its development in the international trade is contemporary. There were many factors positively affected the gulf countries legislations in the field of the arbitration, such as the development of the international trade, and the gulf countries participation in the international economic and investment's exchange. Locally, the effect of the Islamic compact could be observed very clearly on those countries. This thesis tries to measure the duality of those countries sources of legislations and its effects on their stands of the arbitration convention and the formation of the arbitration court
Godard, Simon. "Construire le "Bloc" par l'économie : configuration des territoires et des identités socialistes au Conseil d'Aide Economique Mutuelle (CAEM) : 1949-1989". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010617.
Texto completoThis thesis contributes to the knowledge about the Council for Mutual Economic Assistance (Comecon, CMEA), the little-known international organization of the socialist world-system, from 1949 to 1991. Unlike most historical monographs analysing the individual member States’ contribution to Comecon activities, this study draws on different archive materials – from Comecon itself, the GDR, the Stasi and the UN. Analysing Comecon through the prism of the networks of actors that emerged in the institutional framework it provided, it is the very notion of an Eastern “bloc” that is questioned. The organization was a showcase of the cohesion and solidarity of the socialist world during the Cold War. The study deals with its role in a space under construction and seeking legitimation in the second half of the 20th century. It first casts a light on the role of Comecon in the economic relations of the socialist countries. The organization developed its own model of an international socialist economy. However, a strategic decoupling appeared between the importance of Comecon in the symbolic competition with the capitalist world and its helplessness to ensure the modernization of socialist economies. The study of the spatialization of the “bloc”, the structuration of expert networks beyond the national boarders and the production of discourses on international socialist economy leads to a transnational socio-histoire of specific Comecon agents. Comecon servants counted among the few people in the socialist world, who were able to develop a transnational acculturation that allowed them to truly consider the “bloc” as an appropriated term of reference and space of development
Öztürk, Zeki. "Le rôle du Conseil de l'Europe dans la démocratisation de la Turquie". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAG014.
Texto completoTurkey is a member of the Council of Europe (COE) since 1949. Thus, it is an integral part of the history of European democratic construction.This thesis is a nearly complete history of democratization in Turkey inspired by the COE from 1949 to 2013. The actors are the Parliamentary Assembly, the Committee of Ministers, the European Court of Human Rights, the competent authorities of Turkey and civil society. The main sources of this work are the archives of the COE, those of the Grand National Assembly of Turkey, and organizations in the private and civil sector and the academic and literary works. In these relationships for 64 years, four steps occurred. 1. The integration of Turkey to the European institutions, 2. The military interventions in Turkey, 3. The deepening democracy in Turkey after the Cold War, 4. The monitoring procedures followed by the mechanisms of the COE on democratization in Turkey
AL, ANZI EISA. "Le reglement pacifique des differends aux plans international (organisation des nations unies) et regional (conseil de cooperation des pays du golfe et la ligue des etats arabes)". Rennes 1, 1995. http://www.theses.fr/1995REN11022.
Texto completoAccording to the charter of the united nations, the competence of regional organizations (in our case : arab league and gulf cooperation council) in the pacific settlement of local disagreements is only held on a subsidiary basis. In fact, the regional organizations must only exercise a preliminary competence. The united nations organization has the principal role in the preservation of peace and international security. But we have noticed that, practically, the regional organizations have a more and more important place in the settlement of disagreements. This theory is enforced by the fact that, on the field, the arab league can create an arab force for security, which is, in a way, similar to the missions of maintaining of peace adopted by the united nations organization. Nevertheless, the united nations organization still has a competence in this field. If the arab league fails to resolve the disagreement, it can be submitted to the united nations organization. The united nations organization is also competent when it responds to the will of the states which prefer to appeal directly to the organization
Sokolovska, Zorana. "Les débats sur les langues dans une Europe en projet : généalogie discursive, idéologies langagières et constructions (post)nationales au Conseil de l'Europe". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAC038/document.
Texto completoThis thesis traces a discursive genealogy of the language debates at the Council of Europe. Through a sociolinguistic and discursive approach to international institutions, different institutional texts produced between 1949 and 2008 are examined in their socio-historically situated conditions of production. The focus is on the (dis)continuity of old language ideologies in the construction of the discourse on linguistic diversity and plurilingualism and on the way the discourse on languages is a terrain which articulates, on the one hand, the ideologies of nation-states, as independent entities,and, on the other hand, the ideologies of the Council of Europe as an international institution that functions on the basis of interstate cooperation. This thesis is a critical reflection on the discourse of celebration and valorization of plurilingualism and linguistic diversity, on the role of (the discourse of) international institutions in the context of the globalized new economy and the internationalization of politics, and on the exercise of symbolic power by means of institutional and discursive apparatus
Alzaabi, Ali. "Le Conseil de Coopération du Golfe (CCG), Instrument de la Politique de Sécurité dans la Région du Golfe : Enjeux et Risques (1981-2008)". Electronic Thesis or Diss., Paris 4, 2012. http://www.theses.fr/2012PA040025.
Texto completoThe Gulf region has three major powers: Saudi Arabia, Iran, Iraq, and smaller countries such as Bahrain, Kuwait, Qatar, the UAE and the Sultanate of Oman. The Gulf region, greater concentration of oil reserves in the world, represents not only a strategic reserve for the refining and oil supplies, but also an area of long-term extraction of natural gas.Economic problems and lack of freedoms are raised the question of the legitimacy of leaders of countries in the Gulf region. Institutional bodies, like parliaments, faced difficulties in exercising their duties and see their limited discretion by the executive. Looking for a simple but realistic, given the current system should focus on identifying challenges to ensure regional stability, taking account, of course, the international context
Abass, Abou. "Les actions autoritaires du Conseil de sécurité en Afrique depuis la fin de la guerre froide : sanctions, activités à caractère militaire et action pénale". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32032.
Texto completoAs the UN organ in charge of the primary responsibility for the maintenance of the international peace and security, the Security Council has important powers. It is competent to conduct two main types of actions : cooperative or consensual actions consisting in activities of the maintenance of international peace and security which the Council takes on a purely cooperative and consensual basis, from one hand, and authority actions whose main features reside in the facts that they are conducted in application of the coercive powers of the Council, on discretional and unilateral backgrounds, and that their validity does not depend on any recent consent of subjects external to the Council. As a result of the blockages the Council has experimented during the Cold War, recourse to the authority actions has been rather scarce in the its practice during this period. Since its reactivation at the beginning the 1990s, the Council has taken a big number of authority actions in different regions of the Word, especially in Africa which has become a privileged ground of action of the UN. Through this dissertation, we have tried to see whether the socio-political realities of the African regional order confer to the relevant UN actions some specificity, and thus verify if the application of the secondary law represented by the relevant resolutions of the Security Council related to Africa has some specificities directly resulting from the said realties. To answer these questions, we have first onceptualised the notion of authority actions, before identifying the African regional order and its particularities, showing the actuality of the subject and, particularly by making a detailed study of the relevant authority actions : sanctions, military activities and prosecution of international crimes. The final conclusion is that, if the authority actions of the Council are not totally deprived of originalities, these do not go as far as constitutingsubstantial legal specificities. Rather, they are only limited to some incidental specificities dictated by the necessity of adapting the UN operational actions to some socio-political realities of the African regional order : multiplicity of conflicts, complexity and increasing regionalisation of African conflicts; existence of an important demand for UN interventions; and the place occupied by Africa in the priorities of the Security Council. Hence, the specificities of the Security Council’s authority actions in Africa are rather marginal. They are incidental and not juridical. Last, the halftone balance of the relevant actions reflects the same tendencies as in the equivalent actions related to other regions of the globe, all of this contributing to make these actions relatively unspecific
Al, Hadad Ibrahim. "Le droit international à l'épreuve des grandes puissances : légalité et illégalité des interventions militaires". Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100042/document.
Texto completoThe end of the cold war, marked by the agreement between the five major permanent member states of the United Nations Security Council, instead of a decline in their external military interventions, has, on the contrary, increased in number, which detracted from the general rule, considered as an imperative norm Qus cogens), that of the prohibition of the use of force in international relations. Despite the attempts to justify the various large-scale interventions carried out in the name of collective security (interventions authorized by the Security Council) or unilaterally, they have departed from the requirements of international law and the United Nations Charter. As a result, they appear to be in varying degrees to illegal actions. Indeed, they have been based on extensive interpretations of the Charter or on the breach of it or even in violation of the resolutions of the Council Security itself, as can be seen from the major interventions carried out in IRAK by the allies in 1991, those of NATO in KOSOVO in 1999, the US in AFGHANISTAN, through the US and British occupation of IRAQ in 2003, the intervention of Russia in GEORGIA (2008), NATO in LIBYA (2011) and that of FRANCE in MALI (2013). This did not fail to revive the debate, recurrent in the international bodies concerned, on the need to reform the Security Council (enlargement of its composition and regulation of the veto) as well as to establish a real contrai of legality on its acts
Mabanga, Ghislain Mabanga Monga. "Le témoin assisté devant la Cour pénale internationale : contribution à l’évolution du droit international pénal". Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100151.
Texto completoFollowing an oral decision given by the Trial Chamber I in the Lubanga case, the International Criminal Court has introduced a new player into international criminal cases: the self-incriminating witness, who is assisted by a counsel. This "assisted witness", like the suspect, is under suspicion, and like an ordinary witness appears before the Court to testify. However, he is neither completely a suspect, since he cannot be convicted by the Court, nor completely a witness, since he is implicated in the criminal proceedings. The evolution of the role of this singular player in international criminal cases has given the Court the opportunity of reviewing traditional notions of international criminal law. Thanks to this situation, the status of the different parties is no longer restricted to prosecution and defense. The ordinary witness, considered as a passive third party in the trial, now shares the stand with an active witness who is able to speed up proceedings that are separable from the main proceedings. In seven years of existence, the assisted witness has had such an impact on criminal proceedings that it has become necessary to revise the core texts of the Court in order to put an end to the legal confusion among the different chambers regarding the extent of this witness's rights and obligations
Nascimento, Fialho Ana Letícia do. "L'insertion international de l'art brésilien : une analyse de la présence et de la visibilité de l'art brésilien dans les institutions et dans le marché". Paris, EHESS, 2006. http://www.theses.fr/2006EHES0053.
Texto completoGlobalization represents at the same time a chanllenge and an opportunity for less developed contries in many sectors, the art among others. In Brazil, to participate in the "international" art scene is presently a major goal for agents and institutions belonging to the national contemporary art world. But, in fact, what is the place of Brazilian visual art production in the international art markert and institutions ? What are the conditions and the advantages of acess to international recognition, in symbolic and economic terms ? Those are some of the questions we raise in this thesis, presented in three parts. In the first part we challenge the idea of the "new map of the arts", wich the globalization process would had made suposelly more diverse and democratic. Our work argus that art work from "peripheral" zones access to more central art scenes according a market logic : the need to renew the offer of cultural goods. What is presented as the "democratization" of the internationl art word is in fact the answer to the demand of new goods by different "markets" : institutional, academic, commercial. The second and the third parts of this work present the results of a large empirical research about the international insertion of Brazialian art in the international institutions and in the market, confirming the general hypothesis developed in the first part
Cousson, Anne. "Droits de l'homme au Royaume-Uni entre 1998 et 2010 : entre politique nationale et droit international". Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCA143/document.
Texto completoIn the United Kingdom, human rights have been strongly debated, both in the legal and political fields. One of the very first measures taken by the government of Tony Blair in 1998 has been to pass the Human Rights Act, a law incorporating the European convention on human rights into national law, therefore transforming the protection of human rights at the national level. However, the flaws of the Human Rights Act have appeared and it was contested soon after its passage. Furthermore, the government had to make political choices to implement in practice the protection of human rights. Their evolution can be considered paradoxical: the right to equality was strengthened and included more varied elements while the development of a strong security policy caused some civil liberties to be severely constrained. The British courts have also been able to participate in the creation of new rights, like the right to privacy which did not have an independent existence in English law until the courts recognised it, under European influence. The legal changes in the protection of human rights have caused a change in the way power is distributed in the United Kingdom, both at a national level, where the executive branch was strengthened, and in the relationship with Europe, where the power of international courts has been seen as infringing on British sovereignty. The human rights policies of the Blair and Brown governments, therefore, has been fraught with contradictions, living somewhere between the stronger protection of some rights and the tighter restraints created to defend security, and between the desire to participate more fully in European integration while still having to deal with growing Euroscepticism