Tesis sobre el tema "Droits nationaux"
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Moussa, Mohamad Raeid. "La protection du témoin : étude de quelques droits nationaux et du droit international". Poitiers, 2008. http://www.theses.fr/2008POIT3003.
Texto completoSince they are not opponents in a criminal trial, witnesses appear to be, from time immemorial, essential to an efficient criminal justice. Their importance is increasing not only in common law cases but also in particular types of criminal cases like organized crime and terrorism. Traditionally testimony is considered as a civic duty and each citizen is meant to accept to testify and to contribute to truth revealing. Each opponent in a trial has a right to bring testimonial proof. However this right and that civic duty lead to the obligation, for witnesses, to bend to multiple restraints. Furthermore the dangerousness of some crimes may have prejudicial consequences to the witness and, therefore, to justice. So the recognition of a right for the witness to be provided a protection is very acute. Indeed judicial systems have set a bunch of specific protective measures adapted to various circumstances. This supposes, first, to guarantee the availability of the witness and to induce him or her to testify ; then, to protect the witness and his or her statement. Nevertheless these judicial measures are not systematic and they may sometimes conflict with the rights of the Defense as putting the brakes on some essential principles like the right to a fair trial. What kinds of measures are set to assure the protection of a witness ? Which part takes a witness in his or her own protection ? How can we define the evolution of this system and evaluate the influence of these measures and justify them ? The present study intends to answer those questions and to bring to light the judicial rules and practices applied in national and international law
Touzé, Sébastien. "La protection des droits des nationaux à l'étranger : recherches sur la protection diplomatique". Paris 2, 2006. http://www.theses.fr/2006PA020053.
Texto completoCombet, Laurence. "L'égalité entre nationaux et étrangers en droit public français". Dijon, 2005. http://www.theses.fr/2005DIJOD008.
Texto completoDe, Dinechin Philippe. "La réinterprétation en droit interne des conventionsinternationales sur les droits de l'homme.Le cas de l'intégration de la Convention des droits de l'enfant dans les droits nationaux en Amérique latine". Phd thesis, Université de la Sorbonne nouvelle - Paris III, 2006. http://tel.archives-ouvertes.fr/tel-00089974.
Texto completoNoblet, Alexandre. "La lutte contre le contournement des droits nationaux en droit communautaire : contribution à l'étude de l'abus de droit communautaire". Rouen, 2004. http://www.theses.fr/2004ROUED001.
Texto completoThe objective of a Single Market implied a contradiction between the Community rules on free movement and the national politics. But the growing ascendancy of the EU law on the national laws induced private persons to create false-conflicts in order to circumvent internal dispositions. The exercise consists in introducing an artificial cross-border element in the situ-ation in order to benefit the free movement regime. The European institutions have reacted in recognizing legitimate interests which Member States may have to preventing certain of their nationals, by the means of the facilities created under the Treaty, from attempting wrongly to evade the application of their national legislation. By this way, they have put the debate at the level of the national law and focus their attention on the legitimity of the national legislation to apply and not on the illegitimity of the exercise. Such an approach is inadequate because it is the negation of the European connection's artifice and of the individual intentions. The best solution to solve the problem is to consecrate a general principle of abuse of rights
Dinechin, Philippe de. "La réinterprétation en droit interne des conventions internationales sur les droits de l'homme : le cas de l'intégration de la convention des droits de l'enfant dans les droits nationaux en Amérique latine". Paris 3, 2006. https://tel.archives-ouvertes.fr/tel-00089974.
Texto completoThe United Nations adopted the International Convention on the Rights of the Child (ICRC) on November 20th 1989. In Latin America, it has caused an upheaval in that area of law. The ICRC has been incorporated in national legislations and has become, in ten years, the benchmark for the area of child’s rights and related-law on the continent. A group of Latin-American lawyers has introduced a new interpretation of the ICRC that leverages this international legal instrument to strengthen democracy. The “doctrine of integral protection”, elaborated by these experts, advances new principles of the Rights of the Child based on the best interest of the child. Their work has been endorsed by the Inter-American Court of Human Rights, by the Committee on the Rights of the Child of the United Nations and by most national legislations of the continent. However, based on concepts of utopian law, the theoretical proposition advanced by these Latin-American legal writers does not render effective the ICRC in countries where the condition of children is often appalling. The gap between the large number of subjective rights and the actual situation of children demonstrates the limitations of this ever-growing body of law. As a new element of a legal pluralism, this new interpretation of the ICRC in Latin America is evidence of the democratisation of the continent and of the metamorphosis of the rule of law
Bakhoum, Mor. "L'articulation du droit communautaire et des droits nationaux de la concurrence dans l'Union Economique et Monétaire Ouest Africaine (UEMOA)". Berne : Staempfli, 2007. http://www.uni.recht.ch/uni/lpext.dll/uni/ebook/Dissertation/MSEIK/MSEIK13/inhmseik13?f=templates&fn=index.html&2.0&vid=10.1082/Deu.
Texto completoEl-Badawi, Mohammed Gélani. "Investissements étrangers et entreprises communes : perspectives d'une collaboration entre les Droits nationaux et la Lex Mercatoria". Nice, 1986. http://www.theses.fr/1986NICE0013.
Texto completoBadawi, Mohamed Gélani el. "Investissements étrangers et entreprises communes perspectives d'une collaboration entre les droits nationaux et la Lex mercatoria". Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb375956378.
Texto completoAmarelle, Cesla Virginia. "Le processus d'harmonisation des droits migratoires nationaux des Etats membres de l'Union européenne : historique, portée et perspectives en droit communautaire d'asile et d'immigration /". Genève : Schulthess, 2005. http://aleph.unisg.ch/hsgscan/hm00124078.pdf.
Texto completoArtemiou, Eleni. "La consolidation des standards constitutionnels européens par les juges constitutionnels nationaux". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3056.
Texto completoOnce attached exclusively to their national constitution, nowadays constitutional judges of the member states of the European Union in particular apply norms from different legal systems,. Their openness to foreign law, whether voluntary or not, creates a network of constitutional principles that are common to all national systems and eventually harmonise their interpretation. The European constitutional standards represent the mutual acceptance between two legal orders of their capacity to adequately respect the fundamental values of the constitution, especially fundamental rights, and the convergence of their implementation
Peureux, Virginie. "Recherche sur l'équilibre entre les droits nationaux de propriété intellectuelle et la liberté communautaire de circulation des marchandises : la mise en oeuvre de la théorie de l’épuisement des droits". Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10023.
Texto completoThe dilemma in which the national and the European authorities had to face in the context of the conflict between the principle of the free movement of goods and the intellectual property rights was to know if the national authorities had to reinforce their protection of the intellectual property holders (conservative trend) or to increase their monopoly free access (libertarian trend). The European law did not vote for any of the two trends but chose a half-tone solution with the “exhaustion theory”, clearly anchored in the intellectual property panorama. From now on, once a good is put on the market for the first time, covered by a intellectual property right, on European market, by the owner himself or with his agreement, this person can no longer ask for his private right owned in another member state in order to prohibit further commercial actions such as importation of goods put on the market in another European member country that has as a similar protection. In this study emerges the fact that, if at the beginning, the opposition was the reasoning process of the community authorities to solve the conflicts in intellectual property rights, now with the major economic stakes in our market economy the complementarity prevails. Community and national authorities have found the right balance for the interests of all the different characters in the market economy who are the holder of rights, the consumers-users and the industrials
Salama, Ibrahim. "Essai sur l'evolution du concept des droits nationaux palestiniens, de la guerre de 1973 a la proclamation de l'etat palestinien independant". Paris 11, 1989. http://www.theses.fr/1989PA111009.
Texto completoThe analysis of the evolution of the concept of palestinian national rights between 1973 and 1988 permit to define those rights from the legal point of view as well as to better understand the obstacles of their realization. At present, the solution of two states in palestine constitutes the better, if not the only solution that might establish peace in the middle east
Seroussi, Julien. "Les tribunaux de l’humanité : les ajustements cognitifs dans la mobilisation pour la compétence universelle des juges nationaux". Paris 4, 2007. http://www.theses.fr/2007PA040219.
Texto completoUniversal jurisdiction is an international law device that enables national judges to prosecute crimes concerning foreigners committed in a foreign country. The most famous case is Pinochet’s arrest in London in 1998 at the request of a Spanish judge for crimes committed in Chile. Therefore, studying universal jurisdictions allows us to decipher the political and legal implementation of cosmopolitanism. We use this concept to coin the moral stand expressing sympathy beyond national borders with every human being. Thus, my work suggest that one can understand the issues raised by the shaping of a cosmopolitan international order through the analysis of the struggles between politicians, law professors and human rights advocates to frame universal jurisdiction. Following the Pinochet case in Britain in 1998, the Habré case in Senegal in 2001 and the Sharon case in Belgium in 2003, I show that the hindrances encountered by this law device rest on the political and legal disagreements between its own supporters. In this respect, the implosion of the mobilization for universal jurisdiction gives an account of the tension between the different rationales of a cosmopolitan justice
Sonon, Evariste Bivegnon. "Analyse des moyens nationaux et internationaux de contrôle du processus électoral en Afrique". Cergy-Pontoise, 2008. http://www.theses.fr/2008CERG0366.
Texto completoControl of the electoral process remains one of the political challenges related to the risk of slippages and post-electoral conflicts that Africa is facing at the beginning of the current century. One of the priorities of the new African constituents and political actors of the years 1990 was the establishment of a legal and institutional basis to oversee the electoral practice, long skewed by the interference of executive powers. To ensure equality among candidates and transparency of democratie elections, it was agreed to trust with neutral and independent bodies the organization and supervision of the process. The current study focuses on an analysis of various ways to control elections regarding the application of conventional and constitutional requirements relating to human rights. Our research primarily concems the evolution of the electoral process through some telling examples, and aims at evaluating some national tools of electoral processes monitoring. The widespread suspicion of partiality of national control bodies and election judges, leads to the suggestion of deep reforms domestically. The second part of the research highlights the commitment of the international community since the fall of the Berlin Wall in the promotion of democracy through the monitoring of elections. Organizing free and fair elections, duly certified by international observers has now become a pre-requisite condition for international aid grants. But proper follow-up of monitoring reports is still very limited for geopolitical reasons
Réglier, Anne-Claire. "L'appréhension de la famille européenne". Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1007.
Texto completoIf it is understandable that the multiplicity of angles of analysis amounts to exclude any single or summary definition of the family, this does not preclude trying to grasp this reality that the family is. Given the growing interest of the European Union (E.U) for the family, the E.U has been selected as the study framework of our research on the European family. Since the E.U is both a geographical area composed of twenty- eight Member States and an entity with legal personality, reflect on the European family in the European Union requires to do it in both members States of the E.U and the E.U itself.If we can’t define the European family, can we at least apprehend it, that is to grasp it by the spirit ? This is what we decided to do by putting in perspective the different approaches of the European family adopted by the different legal systems involved in the E.U.We need to focus our attention both on what the European family is in fact and as a legal object by studying the different ways it is modeled by laws. The various family laws of the Member States of the E.U and the various interventions of the E.U in family matters are so many means for us to apprehend the European family allowing us to reveal the existence of points of convergence and common values. But the research on the European family conducted in the E.U framework can’t ignore the existence of a bicephalous Europe because the conception that the E.U has of family is enriched by the jurisprudence of the European Court of Human rights ( ECtHR ) and remains in become given the legacy it receives from the construction of the meaning of the notion of "family life" in the case law of the ECtHR
Tracol, Xavier. "Les procédures d'appel et de révision devant les juridictions pénales internationales : une synthèse inégale entre les influences des systèmes nationaux romano-germaniques et de common law". Thesis, Paris 10, 2009. http://www.theses.fr/2009PA100168/document.
Texto completoArticles 25 and 24 of the ICTY and ICTR Statutes and Article 81 of the Rome Statute all provide for appeal proceedings against Trial Judgments. Appeal and review proceedings before the International Criminal Court and Tribunals originate from the two main Western legal systems, i.e. civil law and common law. Appeal and review proceedings of such systems fundamentally differ in criminal law. The right of appeal appears more widely designed at the Court than at the Tribunals which may be explained by the fact that the drafters of the Rome Statute managed to overcome the tension between the approaches of appeal proceedings in civil law and common law systems by opting for a solution closer to civil law systems.A detailed consideration of appeal and review proceedings before the International Criminal Court and Tribunals emphasises the influences of specific domestic legal systems. The Statutes, Rules of Procedure and Evidence and Practice Directions of the International Criminal Court and Tribunals set up relatively balanced appeal and review proceedings between civil law and common law domestic systems. They represent an attempted merger of appeal and review proceedings of both legal systems. However, such proceedings sometimes overcome the tension between civil law and common law domestic systems by providing for a unique regime which does not look like any domestic legal system.The case law of the Appeals Chambers of the International Criminal Court and Tribunals strengthened the influence of domestic common law systems in general and US and British legal systems in particular. The International Criminal Court and Tribunals thus implemented an inequal mix between the influences of civil law and common law domestic systems
Tetang, Franc de Paul. "La subsidiarité inversée en droit européen : contribution à l’étude des rapports de systèmes entre les ordres juridiques nationaux et l’ordre juridique de l’Union européenne". Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3018.
Texto completoSince Maastricht Treaty, the principle of subsidiarity is the subject of many striking written works in quantity as well as in quality. It's so interesting for the doctrine that an “Europe of subsidiarity” has been built a in order to describe the different forms and applications of the subsidiarity in the connection between the national and European juridical orders. The result of this intellectual construction shines by the notable lack, in the “Europe unionaire”, of a variation on the subsidiarity. This one came through a “secret life” to a “public life” and has to be integrated in this “Europe of the subsidiarity” like a real principle of the constitutional structure of the process of integration. This other form of subsidiarity is the reversed subsidiarity and is plainly found in the European Union. It can either be defined as the possibility for some member States to interfere in case of failure in supranational institution in a limited area (here the fundamental rights), or as a national activity in order to control, always in a subsidiary way, the quality of the right “coming from somewhere else” in order to guaranty the respect of the “fundamental European constitution”. Yet there never was any conceptualization of it as an “only descriptive proposition through which the jurist is able to give a move of the law”. However the Europeanist doctrine can't deny it because the reversed subsidiarity is recognized (as a simple phenomenon this time) by many authors seeing only a way of breaking, a way to make the juridical construction more fragile or complicated. But a detailed analysis of its functions makes it possible to defend the contrary and to assert that the rev
Annamayer, Elodie. "Recherche sur les spécificités de l'encadrement juridique des produits innovants : étude dans les domaines de l'environnement, de la santé et de l'agro-alimentation". Electronic Thesis or Diss., Bordeaux, 2021. http://www.theses.fr/2021BORD0365.
Texto completoOn the basis of the doctrinal study of legal systems applicable to innovative products, we often assume that it is necessary to draw up specific rules as a response to the unsuitable ordinary rules of law to supervise them. The specificity sought in this doctrinal work refers to the linkage between special law rules and ordinary law rules which have initiated their legal system. This thesis proposes an unpublished approach which is to seek if there is a specific way to provide the areas of environment, health and agri-food in a legal framework. Based on a comparative work between the legal system of the innovative products and those that are not or no longer considered as innovative, we argue that there are no real specificities in the production and the enforcement of the rules of law applied on innovative products. The demonstration relies on the analysis of national and European sources, and on the rules and instruments providing access to the market without neglecting the measures for their implementation by the national and European institutions. The same legal techniques are used to make (harmonization of national legislations, exercise of a right to national differentiation) and enforce (development of co-administration) these rules of law. However, due to the principle of primacy of EU law, we can highlight a stronger normative intensity of European origin with regard to the innovative products. The source of these specificities lies less in the legal techniques used than in the constraint of EU law on national rights in the framework of innovative products. While these specificities are qualified concerning the production of the rules of law applied to innovative products, they are more accentuated under their execution
Papp, Réka. "Le fonctionnement du Réseau européen de la concurrence : détermination et exercice de compétence par les autorités de concurrence". Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0248.
Texto completoThe entry into force of Regulation 1/2003 resulted in the decentralisation of the application of articles 101 et 102 TFEU. The national authorities and the Commission share the responsibility for the enforcement of the EU competition rules and form together the European Competition Network. According to the theory of conflict of authorities, the designation of the competent authority to deal with a case is crucial for the functioning of the Network, since it determines the applicable law to the case and the extraterritorial effect of the decision. Despite the cooperation and coordination mechanisms at the authorities's disposal, the divergences in national procedural rules can undermine not only the goal of efficient enforcement of competition rules in the EU, but also the protection of fundemantal rights
Iyakaremye, Jean-Bosco. "La prévention du génocide: un défi possible à relever". Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35233.
Texto completoFadil, Mohammed. "Les droits fondamentaux à l’épreuve des lois antiterroristes : étude du droit marocain à la lumière du droit français". Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10083.
Texto completoFundamental rights challenged by anti-terrorism laws Study of Moroccan law in the light of French law Summary: The events of 9/11 brought a wave of change, not only in the way terrorism is perceived as a universal phenomenon, but also in the common perception of multiple concepts: freedom / security, rule of law / law of the State, state of reason / reason of the state. First of all, it is necessary to consider the prevention policy used, then the detention process and punishment adopted by the State, to finally analyze, the chosen state arguments advocating a specific outcome. In other words, the Moroccan state is facing a difficult situation; this State must find a compromise between an effective anti-terrorism policy and the compliance with Human Rights' constitutional requirements
Cisse, Babou. "La privatisation de la sécurité en Afrique : à la recherche d'une règlementation juridique appropriée". Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20017/document.
Texto completoPrivate military and security companies are legal persons of private law with employees to perform security missions and defense that can give them some states, international organizations or non-state entities. This particular form of production safety is not fully understood by international conventions and domestic laws States. Result of this lack of legal status of these international actors is increasingly involved in the management of conflicts and peacekeeping operations order. Specific obligations of their clients are not determined. This lack of specific guidance proved does not mean that there is a legal vacuum in this sector. Certain international standards and national laws may actually apply to the activities of PMSCs and contractors thereof. Only efficiency that would have such standards in situations that have not been taken into account when adopting them cannot be acquired. Hence a process of international regulation and national regulation initiated in recent years by states but also by international organizations. The companies themselves have felt involved in the production of rules governing their activities and have engaged in the implementation of code of conduct. The imperfection watching all these new rules designed to correct specific deficiencies in international conventions and laws. This requires the proposal of possible solutions in order to better take into account the interests of PMSCs and the protection of those who are exposed to risks that provide private benefits of military security
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
Mukhamedova, Samigdjanova Gulnoza. "Le droit international des droits de l'homme et la législation nationale : l'exemple de l'Ouzbékistan et de la France". Paris 11, 2009. http://www.theses.fr/2009PA111005.
Texto completoAudouy, Laurèn. "Le principe de subsidiarité au sens du droit de la Convention Européenne des Droits de l'Homme". Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD054/document.
Texto completoAs part of the European Convention, the principle of subsidiarity is marked by ambiguity. Originating from judges, it has not been formally defined in legal texts nor in any related jurisprudence and is therefore characterized by a semantic and legal indeterminacy. Featuring both a procedural and a tangible dimension, it remains a fundamental principle of European law. On the one hand, it structures, the system’s organization and operations. On the other hand, it guides the court of Strasbourg’s interpretation and review. Naturally ambiguous but still guiding European law, the principle of subsidiarity is presented as a flexible and malleable principle, and therefore adaptable. The analysis of its implementation in the European jurisprudence highlights its inconsistency and variability at the free disposal of the court of Strasbourg. However, in the light of the current context of an unprecedented saturation of the system and therefore of an urgent reassertion of its subsidiary nature, a fluctuating use of the principle is assessed differently to make it not a guarantee of national liberties, but a guide for them. As a driving force for increased accountability of member states, the principle of subsidiarity appears to be essential to the judicial policy of the European court
Lüer, Stefanie Christina. "Der Ausgleich der Interessen der Wirtschaft und des Umweltschutzes in Frankreich : eine rechtsvergleichende Studie zu Ermessensentscheidungen im Umweltrecht im Lichte der Internationalisierung des Rechts am Beispiel der National- und Regionalparks in Frankreich". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D084.
Texto completoAn optimal balance between economic and environmental issues is guided by the concept of sustainable development. From a legal perspective, the main parties making arbitrary decisions in this matter are the administrations and the administrative courts. They apply and interpret the respective rules by using their specific national power of discretion, arbitrary arbitrating between the public interest to protect the environment and the issues of the key players of the "green" tourism industry. The National parks and the Regional parks have been chosen to refine the study because these two constitute an example painting out the methods of arbitrary decision making between economic exploitation and the protection of the environment. With regard to the National park, the law assigns priority to the protection of the environment whereas the Regional park is dedicated to sustainable development as the method to accomplish the arbitration between economic and environmental issues. The tourism industry is playing a central role in the functional organisation of the Regional parks and is characterized by being an economic activity dependent on an environment at least in part untouched and still pristine
Neyrat, Anna. "Le rapport du droit administratif national aux droits administratifs étrangers : les cas de la France et de l'Espagne". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0233/document.
Texto completoFrench and Spanish Administrative Laws are, traditionally, presented as two opposed “ideal-types”. Indeed, their relations to foreign Administrative Laws and their way to think these relations are deeply different. While French Administrative Law is viewed as understanding its foreign equivalents as recipients of its own influence, Spanish Administrative Law is seen as using them as a way to enrich its own representations. A such picture is induced by temporal and cultural reasons that make French administrative law a model for other administrative laws and Spanish one an imitator. This observation has many manifestations but is partially inaccurate . Historically, these two positions are too reductive. Moreover, nowadays, in a time of globalization a such affirmation is outdated. The increase of interactions between legal systems makes difficult to identify which concept is derived from which legal system. Hence, the purpose of this study is to view in a critical way the assumptions that make French administrative law an exporter and Spanish administrative law an importer
Madeira, Anne-Virginie. "Nationaux et étrangers en droit public français". Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020058/document.
Texto completoThe issue of the relationship between nationals and foreigners in civil law is undergoing a number of mutations characterised by an apparent convergence of the two judicial statuses and by their redefinition. The issue is indeed that of the place which civil law can or must grant to those who live in the State but do not possess the nationality there of and that of the current significance given to the status of nationality in French civil law. This significance seems to depend simultaneously on the mode of distinction between concepts of national and foreigner, i.e. the exercise of State sovereignty in that choice, and the status they are then granted, inasmuch as they are tied by a primordial element: presence on the same territory. Thus, the foreigner, if not attached to the State by a tie of nationality, is nonetheless subject to state power by his or her presence on State territory. Logically, the relative right to nationality and foreignness is primarily a right of exclusion and restriction which leads to granting the foreigner less rights than the national and which codifies this difference. But this right is also, at the same time, a right of integration as it defines a status for the foreigner in the State in which he or she lives, making the foreigner subject to the law in that State. The concern of a study of the relations between « nationals » and « foreigners » is therefore to question the present judicial distinction of the two concepts. It will thus be necessary to reconcile the two expressions of state power: the power of unilateral command founded on constraint and conservation of autonomy and the freedom given to the individual in society, while maintaining the balance between a necessary differentiation of the statuses, by reason of the existence of a national community which establishes the constitutional pact, which is to be distinguished from simple civil society, and the respect for individual freedoms in the State
Barbaro, Vanessa. "Les nouveaux risques : aspects de responsabilité civile et d'assurance : étude de droit français à la lumière des droits américain et chinois". Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30023.
Texto completoThe expression « emerging risks » is increasingly used to describe the health and environmental risks related to scientific and technical progress whenever their damaging consequences, although anticipated, are shrouded in an opaque veil of scientific uncertainty. The professionals, who created these risks, often use this uncertainty in an attempt to avoid any liability. When unable to do so, they try to have them covered by their liability insurance, even though such behavior fuels the idea that insurance promotes irresponsible behavior. This thesis is built around the question of the insurability, or to be more precise, the non-insurability of emerging risks. The aim was to study the capacity of the current products liability system, complemented by the relevant liability insurance, to meet the social goal of taking care of the victims of those « emerging risks ». The solutions provided by the French law system have been put up for a test by comparing them with those of the American and Chinese ones, while taking into account the contextual problems met by the latter. In this regard, the study of emerging risks leads us to review the concept of insurable risk, and to admit there are limits to the current system dealing with the victims’ compensation. It seems appropriate to refer back to the fundamentals of liability law and insurance law while seeking additional solutions. Appealing to national solidarity (through the setting up of a compensation fund) or to financial markets could be the solution
ANSARIAN, RACHID. "Les aspects internationaux de la question nationale en iran". Paris 8, 1988. http://www.theses.fr/1989PA080364.
Texto completoUsing the iranian reality and setting the problem of the minorities in iran in its international context, the thesis tries to find elements of the mechanism of the international protection of the minorities in iran. It suggests an internal solution to issue raised by cohabitation of several peoples and national minorities constituting the iranian population. Thus, a first part deals with the theory of the national question and studies the united nations' system of protection of the minorities, the international juridical instruments and the comparative law of u. S. S. R. And yugoslavia in this matter. A second part presents the evolution of national movements (azerbaijanian, kurdish, arab, baluchi and turkmen) and their international element. It examines from the institutions of the islamic republic of iran the non-persian nationalities, the action of the organisms of the united nations, the propositions of the iranian political forces and the impact of the iran-iraq war. A final synthesis attempts to create five autonomous regions and to guarantee the protection of the minorities spread out on the entire iranian territory
Sebrien-Pariente, Macha. "Le droit à réparation des victimes de violations massives des droits de l'homme : le cas des victimes de l'Holocauste". Paris 1, 2005. http://www.theses.fr/2005PA010320.
Texto completoVulpillières, Camille de. "Les portes de la loi : souveraineté, droits de l'homme, hospitalité : quel(s) droit(s) pour les étrangers ?" Thesis, Paris 10, 2019. http://faraway.parisnanterre.fr/login?url=http://bdr.parisnanterre.fr/theses/intranet/2019/2019PA100137/2019PA100137.pdf.
Texto completoThis work aims at analysing how contemporary French and European migration law struggles to truly guarantee subjective rights to foreigners. This difficulty is reflected both in the legal dispositions themselves, through a restrictive legal regime, and in administrative practices, through their recurrent challenge to rights that are officially recognized. We assert that this phenomenon, by which migration law contradicts the norms of contemporary liberal democracies and the rule of law, is due the balancing between State sovereignty and individual rights of foreigners: preserving one therefore necessarily means weakening the other. In the first part, we conduct an empirical study of the texts and practices of migration law to show that it is structurally unbalanced in favour of State sovereignty. The second part intends to propose a way out of this antinomy to truly coordinate state sovereignty and the individual rights of foreigners, in the form of a principle of hospitality. We try to show that this principle derives from the implications of the modern notion of law and its claimed function of pacifying interactions. Our PhD thesis therefore engages in a dialogue between a diagnosis of the dysfunctions of an empirical field of law and a critical and normative approach based on the immanent logic of social practices
Zinamsgvarov, Nicolas. "Droits fondamentaux constitutionnels et souveraineté de l'État français : recherche sur la souveraineté de la Constitution française dans le système juridique national". Bordeaux 4, 2010. http://www.theses.fr/2010BOR40045.
Texto completoDoes the State has a future as a juridical expression of political power ? We can reasonably solve this major Public Law issue only by highlighting the very nature of the French model of State. To do so, this work aims at proposing a new doctrine of Sovereignty Souveränität) grounded on the links between fundamental rights (Grundrechte) and State Sovereignty (Staatsouveränität) within the national judicial system. Though, on the one hand, knowing that the national judicial system is from now on structured by both a formal normative hierarchy and a substantial hierarchy of fundamentality, and on the other hand, knowing that the nature of its sovereign norm constitutes the gauge of the institutional configuration of the political society model of organization, the object was actually to enhance the existence of a fundamental juridical rule within the national judicial system in order to confirm or cancel a model of Rule of Law. Analyzing both theoretical and practical consequences, the thesis here defended is that the French Rule of Law presents a configuration of a State of Constitutional Law, the conclusion can be reached by offering a new construction of the French Constitution sovereignty principle within the national judicial system
Chiche, Mahor. "Le rôle des référendums nationaux dans la construction européenne". Cergy-Pontoise, 2008. http://www.theses.fr/2008CERG0566.
Texto completoSince 1793 there has been an important development of national referendum. Despite the risks of plebiscites, it has become an institutional tool for numerous consitutional states. Within the framework of european construction, referendum especially allows states to ratify european treaties. Accelaration of competence and accessions explains this trend for a “referendum-ism” as far as european questions are concerned. The complex relation between community order and national juridical orders appears when using a referendum. National referenda and european steps interact. Therefore, we may ask one one question : what is the role of national referendum in the development of European Union ? This study shows that within European Union, national referenda have a double role of protection of national sovereignty for candidating countries and member states (I) as well as it has the role of promoting the supra- national logic (II)
Slama, Serge. "Le privilège du national : étude historique de la condition civique des étrangers en France". Paris 10, 2003. http://www.theses.fr/2003PA100130.
Texto completoDuring the XIX and at the beginning of XX, foreigners, and then recently naturalized, are excluded from all political rights and public functions. This exclusion stems from the coupling of two models of access to public attributes : firstly, the "national" model of Ancient régime, giving preeminence to the subordination of the titulars of charges to the Sovereign and extending the incapacity for foreigners within the employment sphere well beyond the administration ; secondly, the revolutionary model that strictly ties the exercize of those rights to the quality of citizen. However, in an universalist perspective, this link did not initially imply the exclusion of foreigners. It is only from 1793 on that the link between citizenship and nationality tightens. The civic attributes become the priviledge of national. Together with the universalizing of rights since 1946 and with the European construction, one sees a résurgence and a mutation of this "civic" model
Lévesque, Marie Claude. "Investissement direct étranger, souveraineté nationale et développement : l'exploitation et le commerce du cuivre au Chili". Thesis, Université Laval, 2010. http://www.theses.ulaval.ca/2010/27108/27108.pdf.
Texto completoBarry, Ousmane. "La conception et la pratique des droits de l'homme du Congrès national sud-africain (ANC)". Grenoble 2, 1996. http://www.theses.fr/1996GRE21010.
Texto completoThis thesis shows the existence of a conception and a practice of human rights of south african nationnal congress. The method adopted reveals the process of the formation of anc and its progressive joining the principles of freedom and equality of human rights but also its action to make these rules win against apartheid as a system denying the human rights, in particular the south africans' rights. The definitions of such a system as well as its description, allow to appreciate the situation of human rights and the theory of the state which is the basis of their negation. In fact, the favourable definitions of apartheid have considerably influenced the theory of its state and its practice denying the human rights in south africa. As regards the unfavourable definition, they seemingly participate in the new conception of state and society based on the respect of human rights. The actions of anc in south africa (internal practices) and in the international organisations appear as the expression of its political willingness to achieve these rights beyond their assumption. They were devoted by the adoption of a temporary constitution in 1993 which, for the first time in south africa history, recognizes human righs to all the inhabitants of the country and also by the political victory of
Le, Mestre Renan. "La soumission des secteurs publics nationaux a la dereglementation communautaire". Nantes, 1998. http://www.theses.fr/1998NANT4001.
Texto completoThe relations of national public powers with state enterprises are theoretically bound by general provisions of the european community treaty. This requirement can only be turned down when it leads toobstruct the performance of services of general economic interest. The enforcement of the ec treaty rules has given rise for almost ten years to a gradual liberalization of sectors traditionally regulated by governments. Renouncing economical interventionism, the member states have to shelter in this new context the principle of an open market economy. The ec treaty expresses this primacy of indistorted competition as one of its fundamental objectives in article 90 which forbids the member states to enact or maintain in force any measure contrary to the rules of the common market and in the same time empowers the euroepan commission to specify the obligations of public powers in this field. The court of justice judged in 1991 that this latter provision conferes this institution power to adopt directives and decisions in relation to state measures concerning legal monopolies. The above mentioned rules of the ec treaty are of two sorts. The first ones are open network provision rules which apply to natural monopolies, in situations where certain economic activities may only be provided by a monopolist, given the scale and expense involved. The others are free competition rules as provisions contained in article 85 and 86 of the ec treaty concerning the behaviour of any undertaking in the common market, the prohibition of national assistance to public undertakings and free movement rules. Under those conditions ec rules governing state enterprises just do not admit that national systems of property ownership should in any way prejudice the fundamental principles of the common market. In this context, the room left to public service obligations is narrow. This situation results from the lack in ec law of a real political project since the failure of the european defence community in 1954 which has left to the market the task of drawing the framework of general interest. This is the reason why article 90, paragraph 2 only provides for modifications of the regime of undistorted competition, as far as such rules effectively forbid the undertakings entrusted with the operation of services of general economic interest to perform the particular task assigned to them. Spec
Barbosa, Delgado Francisco R. "Les limites de la marge nationale d'appréciation et la liberté d'expression : étude comparée de la jurisprudence de la Cour européenne de la Cour interaméricaine des droits de l'homme". Nantes, 2010. http://archive.bu.univ-nantes.fr/pollux/show.action?id=c13a25cb-c013-43d7-a4cb-7478d02d74b4.
Texto completoThis thesis strives to show how the doctrine of the national margin of appreciation has an effect on exercising the interpretation of human rights, in particular dealing with the protection of the freedom of expresion both in the European and Inter-American systems. This effect can be summarised in the following corollary: the level of suspicion towards the state on the American continent is higher which means that the national margin of appreciation is lower than in the European system. Secondly, the limits of this national margin of appreciation are rationalised through studying the intrinsic and extrinsic limits. These two determined hypotheses provide an answer to the problem stemming from the fallacious postulate that the national margin of appreciation was an ambiguous notion devoid of any content that was introduced in the jurisprudential domain in order to maintain a political balance between internal law and international law
Mabaka, Placide Mukwabuhika. "Problèmes et perspectives constitutionnels du processus de l'intégration européenne : aspects nationaux et européens /". Bruxelles : Bruylant, 2006. http://catalogue.bnf.fr/ark:/12148/cb41141705h.
Texto completoHounieu, Jean-Pierre. "La solidarité nationale en droit public français". Bordeaux 4, 2003. http://www.theses.fr/2003BOR40005.
Texto completoDiaby, Mariama maty. "La Relation du droit de l’OHADA au droit civil". Thesis, Paris 13, 2019. http://www.theses.fr/2019PA131043.
Texto completoOHADA was set up to achieve economic integration through legal integration. The right of the OHADA, the bearer of the work of legal integration, was destined to become the reference normative framework. Its binding force should enable it to impose itself on the law of the Member States. If the question of the future of commercial law or national business law did not raise any particular difficulty, it was different for civil law. This study examines the relationship between OHADA law and civil law, understood as national civil law. A relationship that highlights, an influence: that of the law of OHADA on the national civil law.Thus, in the first part, the study shows that the influence of OHADA law on national civil law is consecrated. It is based on the institutional framework that bears the right of the OHADA, before being devoted substantially.In the second part, the study relativizes the influence of OHADA law on the national civil law, in that it is limited. Are involved, the omnipresence of the civil law in the construction of the right of the OHADA and the limited autonomy of the right of the OHADA
Janin, Patrick. "L'espace en droit public interne". Lyon 3, 1996. http://www.theses.fr/1996LYO33017.
Texto completoMoizard, Nicolas. "Droit du travail communautaire et protection nationale renforcée : l'exemple du droit du travail français /". Aix-en-Provence : Presses universitaires d'Aix-Marseille, Faculté de droit et de science politique, 2000. http://catalogue.bnf.fr/ark:/12148/cb37640647h.
Texto completoNicolopoulos, Panayotis E. "Le droit communautaire devant le juge répressif national". Nancy 2, 1985. http://www.theses.fr/1985NAN20002.
Texto completoFrappier, Mathilde. "L’exigence du traitement national en droit international économique". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020073.
Texto completoNational treatment implies that a foreigner is treated equally to the national. As an equal treatment or non discrimination norm, the national treatment is expressed abstractly and is adaptable to both the factual situations it applies to and the values pursued by its author. This study intends specifically to discern national treatment in international economic law through its treaty enunciations, to define its scope and to fathom the way it is implemented by WTO and investment judges. On the one hand, this research focuses on what international economic law brings to the understanding of equal treatment between nationals and foreigners inasmuch it is a field of law inspired by liberal economic theories and in which disputes are adjudicated by international tribunals. On the other hand, this study aims at identifying what the national treatment says about international economic law, especially of its normative and adjudicative culture. This research shows the significant hold that national treatment has on the domestic law of the contracting parties. It also demonstrates that national treatment prescribes material and not simply formal equality. Finally, this study shows the predominant role played by international economic adjudications, and put in perspective the autonomy of international economic law within international law
Prodhomme-Sadowsky, Marilyne. "Droit OMC, droit communautaire et fiscalité directe". Paris 1, 2008. http://www.theses.fr/2008PA010309.
Texto completoJeauneau, Adeline. "L'ordre public en droit national et en droit de l'Union européenne : essai de systématisation". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010252.
Texto completoIdentifying the concept of "ordre public" (translated into English as either "public policy" or "public order") is traditionally seen as a challenging endeavour, because of the relativity of the concept and the multiplicity of its occurrences. Within the framework of the European Union, the difficulty becomes even greater as a result of the constant tension that exists between the European legal order and every national legal order, each claiming "its own ordre public". Against this backdrop, this dissertation aims to conduct a systematisation of the legal phenomena usually considered to fall within the orbit of "ordre public". To that end, the national law and the European Union law will be afforded equal epistemological status. An analysis of each of the main occurrences of the concept that are common to both the national law and the European Union law will be undertaken fist, and on this basis the relationship between these notions will be studied as well as, more broadly, their purpose within a legal order. Such a synthesis yields the outline of a gradation of techniques ranging from the hypothesis where the values involved in a given situation are balanced by the legislator and cast in a legal rule that will then be applied, to that where a reference to the "ordre public" standard empowers the body that applies the law to decide for itself on the social acceptability of the situation it is facing. In this way, the dissertation suggests that the issue of the "ordre public in European Union law" should be rethought in terms of realization of values in the European social space, sometimes according to a pluralist mode], and sometimes according to a monist model
Paquay, de plater Pierre. "Le bail d’habitation et le droit au logement : étude de droit national et comparé". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020039.
Texto completoThe Right to Housing is an international topic implemented by national authorities. In France, the fundamental Right to Housing was enshrined in an Act in 1982. Since then, this concept has evolved, giving birth to a large number of rights dedicated to the tenant's protection, which opposes nowadays the Right to Private Property.The scope of this thesis is dual. Firstly, we will try to understand how the concept has been built up, from both a national and international perspective. In this vein, we will study the effectiveness of this right against the framework of a comparative study. Finally, some reforms of the French regulation system will be suggested