Tesis sobre el tema "International litigation"
Crea una cita precisa en los estilos APA, MLA, Chicago, Harvard y otros
Consulte los 50 mejores tesis para su investigación sobre el tema "International litigation".
Junto a cada fuente en la lista de referencias hay un botón "Agregar a la bibliografía". Pulsa este botón, y generaremos automáticamente la referencia bibliográfica para la obra elegida en el estilo de cita que necesites: APA, MLA, Harvard, Vancouver, Chicago, etc.
También puede descargar el texto completo de la publicación académica en formato pdf y leer en línea su resumen siempre que esté disponible en los metadatos.
Explore tesis sobre una amplia variedad de disciplinas y organice su bibliografía correctamente.
Keyes, Mary Elizabeth y n/a. "A Critical Analysis of Jurisdiction in International Litigation". Griffith University. Griffith Law School, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20051214.143910.
Texto completoKeyes, Mary Elizabeth. "A Critical Analysis of Jurisdiction in International Litigation". Thesis, Griffith University, 2004. http://hdl.handle.net/10072/365397.
Texto completoThesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
Full Text
BOANADA, VANESSA DE CASTRO. "POST-MODERNITY IRONIES: INDIGENOUS MOVEMENTS STRATEGIES OF INTERNATIONAL LITIGATION". PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2009. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=14091@1.
Texto completoA dissertação Ironias da Pós-modernidade: A ação estratégica de movimentos indígenas através do litígio internacional apresenta, a partir do conceito de conflito da teoria social de Niklas Luhmann, um estudo de caso sobre a ação internacional de uma tribo indígena desde a origem local do conflito até sua transposição a fóruns internacionais com a formação de redes de solidariedade. Trata-se do estudo do caso do Povo Sarayaku, no Equador, que resiste há 30 anos à exploração petrolífera em seu território ancestral e que logrou transpor suas demandas ao Sistema Interamericano de Direitos Humanos. O estudo evidencia a utilização estratégica de procedimentos e de mobilização social na forma de movimentos de protesto como mecanismos específicos de contenção do risco de um conflito aberto e generalizado. Finalmente, o estudo tem como objetivo observar os efeitos destes mecanismos em ralação às expectativas iniciais do referido povo.
The dissertation Post-modernity ironies: Indigenous movements strategies of international litigation shows, drawing from the concept of conflict on Niklas Luhmann social theory, a case study on the protests of an indigenous tribe, from the beginning of the conflict, since its local origins, until the its internationalization, with the formation of nets of solidarity. The case under analysis refers to the Sarayaku People, in Ecuador, which have been resisting for almost 30 years against oil exploitation in its ancestral land and has been successful in taking its protest to the Inter-American System of Human Rights. The study highlights the strategic use of procedures and social mobilization (taking the form of protest movement) as mechanisms for the contention of the risks of a generalized and open conflict. Finally, the study intends to observe the effects of those mechanisms in relation to the original expectations of the Sarayaku People.
Ayten, Ilkay. "Prediction Of Litigation Probability For International Construction Projects During Bidding Stage". Master's thesis, METU, 2010. http://etd.lib.metu.edu.tr/upload/2/12611612/index.pdf.
Texto completonmez February 2010, 102 pages Over the years many researchers agreed that between the parties involved in construction projects such as
owner, contractor, engineer and suppliers trying to perform different scopes in different timetables. Therefore, disputes are inevitable due to the complexity of the work. Occurrence of litigation is the most terrifying process to deal with during any construction project for both owner and the contractor because of the time and money consuming nature of the process. Hence, contractors should try to eliminate any potential risk factors that will lead to litigation. The aim of this study is to investigate the factors that influence court action between parties in international construction projects and develop a statistical model that will predict the litigation probability of an international construction project during bidding stage. The final prediction model revealed that contractual awareness and consciousness of risk factors is the key to predict litigation probability. Considering awareness of the factors affecting litigation probability are displayed in this thesis. Companies may have the opportunity to develop risk assessment and management strategies while reconsidering their contingency estimates.
Sasamori, Norman Cousins. "Forum non conveniens : foreign plaintiffs and U.S. aviation litigation". Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59926.
Texto completoLi, Ao. "Transnational patent infringement litigation :jurisdiction and applicable law". Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525673.
Texto completoLee, Rainbow Lai Yee. "What are the comparisons of international litigation and arbitration in mainland China". access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324268a.pdf.
Texto completo"A dissertation paper undertaken in partial fulfillment of the Master of arts in arbitration and dispute resolution." Title from title screen (viewed on Sept. 20, 2006) Includes bibliographical references.
Geeroms, Sofie. "Foreign law in civil litigation : a comparative and functional analysis /". Oxford : Oxford university press, 2004. http://catalogue.bnf.fr/ark:/12148/cb392234602.
Texto completoLadrowska, Olga Małgorzata. "Multi-defendant disputes in international commercial litigation : comparative analysis of EU, English and US approaches". Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709250.
Texto completoAbdullah, Muhammad Tahir. "Role of UAE courts in international commercial arbitration". Thesis, University of Bedfordshire, 2013. http://hdl.handle.net/10547/305727.
Texto completoAlba, Betancourt Ana Georgina. "Cross-border conflicts of patents and designs : a study of multijurisdictional litigation and arbitration procedures". Thesis, Queen Mary, University of London, 2015. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8918.
Texto completoLegris, Emilie. "Le tiers dans le contentieux international". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0035.
Texto completoThe reflection on third entities in international litigation comes from the finding of an increased presence of “thirds” in the jurisdictional settlement of international disputes, thus questioning the traditional vision of the international trial as being “the thing of the parties”. The “third” is defined negatively, as any entity that is neither the jurisdiction nor the parties to the proceedings. Throughout the study, a more precise identification of this notion is developed : depending on the jurisdiction in question and the type of procedure examined, third entities are either States, international organizations, private (physical or moral) persons. Within the framework of diverse jurisdictions, the study apprehends the place given to third entities in international litigation, examining successively their protection and their participation. In the background, the study looks at the contribution of third entities to peacekeeping, as part of the peaceful settlement of disputes
Luhandjula, Yasmine. "Assessing the Prospects for Climate Action in the form of Climate Litigation as a tool to safeguard Human Rights". Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/76560.
Texto completoMini Dissertation (LLM)--University of Pretoria, 2020.
Centre for Human Rights
LLM
Unrestricted
Rippenaar, Shéan Jamie. "The ratification of the international covenant on economic, social and cultural rights, strategic litigation and the right of access to adequate housing". University of the Western Cape, 2018. http://hdl.handle.net/11394/6828.
Texto completoAccess to adequate housing is an important socio-economic right and is of central importance for the enjoyment of all rights. The right to access adequate housing is viewed as a fundamental human right and has been described in both International Law and by the South African courts as being essential to the dignity of human beings. Access to adequate housing thus plays an important part in ensuring human dignity for all persons. It is also one of the key elements needed to ensure that all persons have access to an adequate standard of living. Access to adequate housing further plays a vital role in maintaining and improving the lives of all people as it provides both security and shelter. In modern day South Africa, access to adequate housing is held in very high regard. This is evident in the recognition it has received in the National Development Plan as two of the fourteen outcomes of the plan are to ensure that “all people are and feel safe” and “sustainable human settlements and improved quality of household life.” The drafters of the South African Constitution recognised the importance of access to adequate housing as provision was made for the right to access adequate housing in the Final Constitution in section 26. In considering the report submitted by South Africa, the United Nations Committee on Economic, Social and Cultural rights indicated (hereinafter referred to as the “Committee on ESCR”) the housing landscape in South Africa continues to be divided as a result of the past and that the apartheid spatial divide continues to dominate the landscape. Viljoen notes that despite numerous attempts to transform the housing regime from one which was grossly discriminatory to a welfare-orientated legal system that functions under the auspices of the rights and values entrenched in the Constitution of the Republic of South Africa the poorest households in South Africa remain subject to not only a lack of access to housing but also intolerable housing conditions. He writes further that the judicial enforcement of the right to access adequate housing is a difficult, complex and multi-layered issue with which the courts have been grappling for some time. An examination of the housing rights jurisprudence reveals that housing rights and access to adequate housing has been one of the most fiercely contested and frequently litigated topics in the country. The jurisprudence also shows that housing is an area where much legislative, policy and infrastructure progress has been made.
Irnsperger, Elena Maria. "Enforcement of the law in the People's Republic of China - with focus on international civil litigation and arbitration". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12968.
Texto completoThe main aspect of the paper is the investigation of the enforcement of law of foreign (and domestic) judgments as well as arbitral awards in People´s Republic of China (PRC). The focus lies on international civil litigation and arbitration. For this purpose it is essential to elaborate on the judicial structures and its impact on the enforcement of laws in the PRC. The court system as well as its size and performance, the prosecution system, the lawyer system, the jurisdiction and the arbitration system will be briefly discussed. Thereafter, the study focuses on the recognition and enforcement of civil judgements and arbitral awards in the PRC. The organization of the enforcement and its procedure, laws and regulations in general will be addressed before the enforcement of civil judgements and arbitral awards will be investigated in detail. The investigation of the enforcement of judgments in the people’s courts of China is separated in the enforcement of domestic judgments and foreign judgments. While examining the recognition and enforcement of arbitral awards it is important to consider the different categories of awards. In the following the challenges and obstacles facing the Chinese judicial system will be determined. The legal education, the lack of professionalism, local protectionism and the lack of judicial independence are just some of them. The progress China has made in the last decades will also be mentioned. Especially the judicial reforms from 1999 to 2014 and the efforts made to improve the enforcement of law. In addition the practical side will be determined, therefore, important or recent cases will be considered. The goal of the paper is to give an overview of the current social and economic environment of law enforcement and the measures which should be taken to improve the law enforcement in the PRC. Due to the lack of official statistics in regard of law enforcement in the PRC, the study is based on collected information from different sources.
Jonshult, Patrick. "LEGAL BASIS CONFLICTS REGARDING EU EXTERNAL ACTIONS : Upholding the key properties of the CFSP and the AFSJ provisions when negotiating and concluding international agreements". Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-266941.
Texto completoKun, Orsolya. "The equitable jurisdiction to grant injunctive relief in international commercial litigation : a comparison of the current English and American practice". Thesis, University of Cambridge, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.621282.
Texto completoNurmela, Ilona. "Viability of litigation in resolving international commercial business-to-business disputes in the EU, in particular in England and Estonia". Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.614184.
Texto completoStoppioni, Edoardo. "Une analyse critique du discours du juge de l’OMC et de l’arbitre de l’investissement sur le droit non écrit". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D010.
Texto completoThe thesis has attempted to sketch a cartography of the way the WTO judge and the investment arbitrator use the judicial argument based on unwritten Law. The general approach consisted in studying the judicial discourse from a metatheoretical perspective: unwritten law is studied as a discursive structure in the Foucauldian sense of the term. Taking Martti Koskenniemi's thesis as a starting point, it is maintained that the judicial discourse based on unwritten law is grounded on binary oppositions. It oscillates between two poles : the pole of apology and the pole of utopia. This oscillation is explained using two concepts, constituting the extremities of the spectrum: banalization and systematization. In the perspective of banalization, the judge grounds its normative space in general international law. Using this approach, the WTO judge and the investment arbitrator have banalized both the nature of their normative spaces and their own judicial function. The judge also uses the linguistic register of systematization. ln this context, unwritten law is used to construct the internal unity of the regime. The effect of the language of systematization is to generate a movement between consolidation of the unity of the regime and strengthening the embedded neoliberal bias thereof
Mirindo, Frank. "Environmental Dispute Resolution in Tanzania and South Africa: A Comparative Assessment in the Light of International Best Practice". Thesis, University of the Western Cape, 2008. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9222_1263173869.
Texto completoThis research examines the effectiveness of these dispute resolution mechanisms in environmental disputes and what improvements should be made in order to make those mechanisms suitable for these types of disputes.
Timoney, Caroline. "Reflections on the evolving jurisprudence concerning the presence of the accused : focusing on National Commissioner of the South African Police Service v Southern African Human Rights Litigation Centre and Another". Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15197.
Texto completoRíos, Pizarro Carlos. "Three is a crowd? Some notes about Third Party Funding and its application in commercial arbitrations". IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/123422.
Texto completoEn este artículo, el autor nos introduce a la institución del third party funding y su futura aplicación en los litigios arbitrales. El third party funding permite que los costos del litigante puedan ser financiados. Asimismo, señala los problemas que presenta el tercero financista, y la implementación de normas para afrontar esa situación. Finalmente, hay una tendencia de ampliar el deber de revelación de las partes sobre si se está siendo financiado por un tercero.
Hutton, Ian William. "The legal aspects of cross-border asset tracing with specific reference to the conflict of laws elements of international civil fraud litigation". Thesis, Nottingham Trent University, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.343554.
Texto completoDiallo, Thierno Abdoulaye. "Regard sur l'Etat justiciable en droit International". Thesis, Limoges, 2016. http://www.theses.fr/2016LIMO0040/document.
Texto completoThis thesis examines the status of the defendant State in international law. The study of State, subject of international law and immune from international courts, led to the analysis of its international legal personality. To know the legal status of the State and its possible questioned before an International Court, it took to give a definition of the concept of sovereignty and state test. It is from the variant sovereignty comes the phenomenon of justiciability of the State under international law. In this study, new international law as proposed by the Charter in 1945, maintains the State in his classic role as main subject of the law of Nations, by taking away all the same absolute and inaccessible sovereign status. In addition to the classical inter-State disputes, the sovereign State has become since that date an almost banal litigation player before the new international courts. It is as well as the emergence of new actors in the international society as individuals, businesses and NGOS, gave rise to a new conventional development in legal spaces that are outside State control. The international protection of human rights puts the individual in the national sphere to the international sphere. The new international economic law, institutionalized by the ICSID in 1965, the new law of the sea, materialized by the Montego Bay Convention of 1982 and the development of international criminal courts (Fight against impunity) are evidence of a transformation of the international legal environment where the State is no longer the only main interest of international reports
Parling, Isabella. "Climate Change Litigation Based on Human Rights : challenges and possbilities in Sweden". Thesis, Uppsala universitet, Teologiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-444217.
Texto completoWarnasuriya, Chathura. "Minimising litigation on presentation of documents under letters of credit : an alternative approach to the uniform customs and practice for documentary credits". Thesis, Brunel University, 2017. http://bura.brunel.ac.uk/handle/2438/15662.
Texto completoRossouw, Mandi. "The harmonisation of rules on the recognition and enforcement of foreign judgments in the southern African customs union". Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2281_1380785721.
Texto completoThe Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making
and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash
a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo
full faith and credit clause&rsquo
the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system
as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law
the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.
Tabbara, Amer. "Les actions de groupe dans le contentieux international". Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D017.
Texto completoThe regulation of international disputes arising out of group actions consists of safeguarding the functions underlying a domestic group action procedure in the context of international litigation (i.e. access to justice, economic efficiency and market regulation). It also aims to ensure the legal certainty, the predictability and harmony of solutions; the latters are objectives also pursued by the rules of private international law. Such regulation reveals difficult to achieve, in light of the competition arising between the legal systems in relation to the redress of global mass damages and the failure of private international law methods and instruments to address complex disputes putting at stake large number of parties and having a strong regulatory dimension. Thus, the globalisation of group actions disputes raises complex questions of conflicts of jurisdictions, conflicts of laws, coordination of procedures and enforcement of decisions.This PhD dissertation aims at addressing all these complex questions. The suggested solutions take into account the intertwined interests underlying disputes arising out of international group actions and aim essentially to prevent the current intoxication of international mass litigation resulting from the occurrence of situations of under-regulation and overregulation
Owona-Mfegue, Kourra-Félicité. "L'arrêt de la Cour Internationale de justice du 10 octobre 2002 relatif au différend frontalier Cameroun c. Nigéria : contribution à l'étude de l'exécution des décisions en matière territoriale". Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100110.
Texto completoThe implementation of international judicial decisions raises one of the questions, if not the fundamental one related to the authority of the decisions rendered by the highest Court of the United Nations. In fact the question is How to ensure effectively, the implementation of sentences whose legal authority is undeniable, but certainly and obviously depending of the (good) will of the States, in law and in fact. Usually two answers seem possible: spontaneous implementation or enforcement. However the experience of the implementation of the Judgment in Land and Maritime Boundary between Cameroon and Nigeria disregard this classic pattern. This is a preventive and early implementation by the parties and third parties, and then a delayed but effective implementation. It led to a probably unique approach in the settlement of judicial disputes. Indeed it is the first time that the UN (i. e ICJ which is the main judicial organ and the Secretary General) without delay for the foreseeable implementation’s difficulties to get involved under Article 94 § 2 of the Charter establishes an early and preventive diplomatic system of implementation. In the view of the ridiculous nature of possible sanctions for non-compliance, the diplomatic realism came to the rescue of the effectiveness of the res judicata. In this most sensitive field in implementing the judgments of the ICJ, the hypothesis in which the Court assigns a disputed territory to a state while another state occupies it in fact and of the hostility of the local populations to the change of the sovereign de facto, the merge between judicial procedure and negotiated procedure is effective. The implementation of this judgment is also original because of its sui generis mechanisms in implementing the decision such as the United Nations Joint Commission or the post-jurisdictional Agreement sponsored by the UN and witnesses States. There is no better example of the African contribution to the effectiveness of the decisions of the ICJ, as far as the peaceful settlement of international disputes is concerned
Tleiji, Fatima. "Le cadre juridique du cyber arbitrage dans le commerce international". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D047.
Texto completoThis thesis is a comparative study between French law and Egyptian law; it concerns The legal framework for cyber arbitration in international trade, these terms mean paperless arbitration procedures which represents an alternative way to resolve trade disputes. The question is to what extent the rules of traditional arbitration are able to govern dematerialized arbitration and whether to create it for specific legal rules. The answer to this problem is based on the ability of all the rules of law to adopt new technologies. Note that the dematerialized arbitration is subject to the same traditional rule governed by the general theory of contract, on the basis of the will of the parties, but the arbitration shall be conducted without the presence of the latter because through electronic means. The arbitration proceedings will be held remotely, however, if technically online arbitration easily practice it does not hold true in legal terms. In other words, the classic arbitration includes plethora of mandatory conditions on both the funds and the form, terms as online arbitration, pursuant to its nature, does not satisfy in full. Both laws are compared globally convergent and consistent with international principles. After a long period of open hostility there are, in the eighty years from Arab countries, changes in their attitude to international commercial arbitration. However, French law exceeds the Egyptian law on electronic material
Dannenberg, Gesa. "Protection internationale des droits de l'homme et responsabilité de l'Etat devant la Cour internationale de justice". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020040.
Texto completoThe increasing number of human rights based claims before the International Court of Justice raises the question of their implementation in the framework of generalist and interstate litigation. The procedure of the Court has been thought and conceived for the defense of subjective interests of States. Therefore, the Court seems unable to take into account the complex legal relationships in which lies State responsibility for “internationally guaranteed human rights” violations and its scope, limited to bilateral responsibility amongst State parties. But, instead of conceiving the legal connections in dispute as to the only State parties or as external to the individual, the Court endorses a correlation approach. Tripartite relations emerge between the State perpetrator of the human rights violation, other States which are equally creditor and bearer of the obligations infringed and the individual who holds the rights. However although the Court is ready to clarify or even conceptualize the legal relationships involved, it does not distort its traditional judicial function. While the individual is taken into account in the incurrence of State responsibility it is nevertheless marginalized in its implementation, which continues to be centered on the State and defined by public international law. This particular conception of State responsibility for human rights violations underlines that it cannot be reduced to the relation between the individual and the State, for which other selfless States would stand guarantor as the most, but that it also and directly determines interstate relations
Ferrero, Julie. "L'interprétation évolutive des conventions internationales de protection des droits de l'homme : contribution à l'étude de la fonction interprétative du juge international". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1050.
Texto completoHuman rights treaties have been adopted at the end of the first half of the XXth century, in a technological, social and economic context which has since then deeply evolved. To maintain the effectiveness and relevance of those treaties, specialised jurisdictions have therefore increasingly interpreted their provisions in light of current living conditions. This method, called evolutive interpretation of treaties, is still looked at with suspicion. Indeed, it is not recognised by the Vienna Convention on the law of treaties and it may lead the judge to depart from the parties intention as expressed in the text of the convention. The evolutive interpretation of treaties invites therefore to reconsider the international judge’s interpretative function, between its strict theoretical conception and the empirical needs of contemporary international law
Tavernier, Julie. "La réparation dans le contentieux international des droits de l’homme". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020063.
Texto completoThe reparation of damage caused to individuals is a former thematic issue of international law. However, its development has been studied only from the point of view of interstate relations as soon as the individual was conceived and treated as an object, not as a subject of international law. The change, brought by the international protection of human rights relating to the status of individual, in this legal order, suggests to re-open the debate on this matter. As a result, the compelling obligations undertaken by member states regarding international protection of human rights, should logically lead to the existence of an obligation for the latter to repair the damage caused to the private individuals. But identifying such an obligation remains delicate both with regard to his creditors and with regard to its scope. Its implementation is left largely with the hands of the judge. It is therefore difficult to find a genuine legal regime for the reparation of damages caused by the violation of human rights
Padanassirou, Tchatina. "Essai sur la notion d'économie du contrat pétrolier : étude transnationale de cinquante contrats africains de partage de production". Thesis, Lorient, 2020. http://www.theses.fr/2020LORIL553.
Texto completoWhile it used to be controversial, it is now self-explanatory that the notion of contract economics is meaningful. It is about aggregating elements necessary to achieve the contract’s overall economic and specific function. In this case, contract economics is seen as a tool to analyse and determine the outcome of a contract which, by moving away from the analytical approach that considers a contract as an addition of obligations, underlines the economic transaction that parties are looking to achieve; indeed, at the root of a contract sits an economic transaction, which is the objective material of the agreement of wills. Thus, studied in the framework of oil contracts, this notion makes it possible to build a renovated understanding of these contracts with a goal-driven angle, by using, as a reading grid, the concrete profile of the transaction that is the contract’s purpose. Such an approach is of interest to move the real, inner or psychological will of the parties into a rationalised will assigned to a contractual objective. It also helps to change our way of understanding the principle of contractual inviolability in such a way that this notion would be attached to the usefulness of the planned transaction
Rabottin, Florent. "La protection des technologies étrangères en Chine". Thesis, Angers, 2014. http://www.theses.fr/2014ANGE0044.
Texto completoAs foreign participation in many key sectors continues to grow, the Chinese government has become more and more aware of the potential of intellectual property rights' protection in China. Innovation is one of the key elements for the sustainable development of economies. The legislation regarding technology is very complex, thus foreign law practitioners must understand it thoroughly, if they want to avoid pitfalls. Given that applicable Chinese laws can differ from foreign law in important ways, technology legislation in China is fraught with traps for the unwary.Thus, this study aims at highlighting , through the analysis of the technology law system ,the difficulties but also the opportunities offered by Chinese law to a foreign investor.The drafting of provisions in line with international standards should not undermine the specificities of provisions designed for economic development. These analyses will address the various means of protection, either by patent or trade secret ; but also the operations of corporate law , technology contract and tax incentives on innovation activities in China. These issues will be tackled while also looking at practical aspects that are inherent to business operations in terms of both protection techniques and means of enforcing technology rights
Havlová, Berenika. "Právní postavení Lichtenštejnska v rámci Evropského hospodářského prostoru". Master's thesis, Vysoká škola ekonomická v Praze, 2016. http://www.nusl.cz/ntk/nusl-261758.
Texto completoAssongba, Cossi Hervé. "Les contentieux en transport maritime de marchandises par conteneurs". Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20005/document.
Texto completoThe container shipping has become universal because of its multimodal nature. The success of this mean of transport is also linked to the involvement of many professionals from both private and public sectors. However, the container shipping constitutes a field of litigation sometime ignored. The use of these boxes involves not only litigations of private nature but also of administrative nature. Although some international conventions regulate shipping in general, the unsuitability of some of these norms does not help the settlement of these litigations. And, as the customs administration is upstream and downstream involved in the execution of the contract of carriage, its involvement is a source of disputes whose settlement implies two different kinds of courts
Baumgartner, Samuel P. "The proposed Hague Convention on jurisdiction and foreign judgments : trans-Atlantic lawmaking for transnational litigation /". Tübingen : Mohr, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/360708293.pdf.
Texto completoKuzmina, Alissa. "Quo vadis? Points of friction between cross-border litigation and international arbitration in the EU : A comparative examination of the interplay between the Brussels Regulation, the NY Convention on the Recognition and Enforcement of Foreign Arbitral Awards and German and Swedish procedural law". Thesis, Stockholms universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-94931.
Texto completoGatta, Andrea. "Towards the Harmonisation of Civil Procedure: Translation in Italian Civil Court Proceedings and the Role of Multilingual Document Templates". Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17167/.
Texto completoPONZANO, FLAVIO. "Gli effetti di giudicato delle sentenze straniere e dei lodi". Doctoral thesis, Università Cattolica del Sacro Cuore, 2018. http://hdl.handle.net/10280/53868.
Texto completoAlthough extensively studied in domestic litigation, res judicata has received less attention in its “international dimension”. This work seeks to navigate the uncharted waters of the res judicata effects of “non-domestic decisions”, understood as decisions that are not rendered by the courts of the forum, and in particular of foreign judgments and international arbitral awards. In an attempt to overcome at least part of the uncertainties and problems of the current practice, as regards foreign judgments it is proposed that their res judicata effects be determined based on the theory of the absolute extension of effects, which ensures cross-border legal certainty and accords with the modern liberal evolution of recognition rules. As regards arbitral awards, it is suggested that arbitral institutions adopt, in their regulations, broad preclusive rules that reflect the nature and objectives of the arbitral process. The proposed solutions share the idea that the res judicata effects of a “non-domestic decision” should be in principle determined according to the “system” to which the decision belongs, although the adoption of a unitary approach is challenged when res judicata issues arise between state courts and arbitral tribunals so to jeopardize the autonomy of international arbitration.
Bedet, Florian. "Essai sur la définition d’un statut juridique de la procédure de dédouanement des envois postaux". Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS529/document.
Texto completoThe thesis undertaken aims to try to define a legal status of the procedure of taking out of bond of the postal sendings. The legal nature of the postal sendings justifies a customs treatment autonomous and distinct from the customs formalities applicable to the goods of the international commercial exchanges. The completed works should first of all help to answer the problems related to the legal difficulties of the definition of this procedure of specific taking out of bond and their consequences. The study will relate particularly to settlement of disputes between the customs authorities and the importers or exporters of international postal sendings in the event of litigation related to the taking out of bond. As a preliminary, it is thus necessary to raise and clarify the legal rules which are already applicable to the taking out of bond of the postal sendings, so much at the national and European level, that with the international level in this field. However, that appears difficult, and there is necessary to remain obstinate in front of the extreme diversity of the sources and the texts, strewn in many branches with the right. It is then necessarily necessary to try to redefine, clearly and simply, the concept of postal sending and the notion of universal postal service justifying the application of a specific procedure of taking out of bond of the postal sendings. The concept of universal postal service implies a fast taking out of bond of the postal sendings. The customs administrations have, they, the obligation to ensure the control of all the imported or exported goods their territories main roads. The main mission of the customs authorities is to protect the economic attractivity from the States. The customs agents must, on the one hand, take the customs duties and import taxes, on the other hand, to fight against the illicit traffics of goods prohibited or subjected to restriction. The delicate combination of the universalism of the postal service and the customs obligations must allow the recognition and the establishment of a procedure of taking out of bond specific to the postal sendings implying a new determination of the sendings concerned with the universal postal service and the installation of rules of taking out of bond obligatory and communes the whole of the international postal services. The implementation of an international cooperation reinforced between the postal services and the customs authorities is, in this direction, beforehand essential. The study must make it possible to make comprehensible, for the companies and the individuals national and European, the customs substantive law applicable to the postal taking out of bond. One will analyze in particular the customs infringements and rules sanctioning the various frauds which one finds most frequently in practice. The test on the definition of a legal status of the procedure of taking out of bond of the postal sendings will show that it is imperative to reinforce the powers and the means of control and sanctions of the customs authorities for this singular type of taking out of bond. The not-contentious and contentious appeals which are opened up for the debtors and applicants will also be the object of a particular treatment. The rights of the debtors or applicants are in particular ensured by the principle of control of the legality of the decisions of the Customs and Excise and of its agents by the legal judge. The legal judge and the European right limit and frame the exorbitant powers of the customs authorities
Partida, Sebastian. "La convention d'arbitrage dans le droit des nouvelles puissances économiques (Chine, Inde, Brésil, Mexique)". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020049.
Texto completoThe profound changes in international trade, particularly in light of the emergence of new economic powers and the acceleration of the Digital Revolution, lead us to revisit the traditional distinctions between the different national arbitration laws. While a movement of standardization of national laws has been observed in Western countries, particularly with a tendency of convergence between Common Law and Civil Law jurisdictions, what about the countries that were qualified yesterday as "emerging"? Is the same phenomenon true for the them and Do particularisms emerge? The purpose of this thesis will be to examine the specificities of four major countries - China, India, Brazil and Mexico - whose demographic and economic weight is growing in international trade day by day. Through a comparative approach, we will focus specifically on the arbitration agreement, being the keystone of arbitration law, in order to try to understand the philosophy and treatment reserved to this dispute resolution method in each of these countries. This will inevitably lead to question the current place of French law, long considered as avant-garde, and its influence in the years to come
Paiva, Alexandre Magno Ramos. "A contenda do algodão entre Brasil e Estados Unidos na Organização Mundial do Comércio: considerações acerca de seus efeitos para a inserção do Brasil no mundo". Universidade Estadual da Paraíba, 2013. http://tede.bc.uepb.edu.br/tede/jspui/handle/tede/2603.
Texto completoMade available in DSpace on 2016-09-20T17:38:22Z (GMT). No. of bitstreams: 1 PDF - Alexandre Magno Ramos Paiva.pdf: 1242635 bytes, checksum: d5d21ef9b91dc773cebbe41b206144ca (MD5) Previous issue date: 2013-05-16
CAPES
After the Cold War, Brazil and United States started a new phase concerning the international commerce, in which Brazil established itself as a global trader, competing with the US products in the world market, mainly in respect to the commodities sector. Cotton, an important raw-material, makes part of in this scenario, and it was the reason for the greatest contend involving the two countries. The process by which Brazil contests the American subsidies toward their local producers dates back to 2002 and had a favorable outcome to the Latin- American country in 2005, when the World Trade Organization recognized the damaging effects resulting from the American practices in the world market of this product. Afterwards, there was a retaliation plead from Brazil and its subsequent authorization, being permitted to cross-retaliate, by which Brazil could break copyrights, for instance, in its compensating efforts. The two countries, ever since, keep a dialogue agenda about the best solution to the case, with a frame-work signed in 2010. The research aims to comprehend how this contentious trespassed the limits of the countries involved, bringing about some sort of international appeal and collaborating for the Brazilian insertion in the World as a global player. The first chapter deals with the reformulation of the domestic scenario, putting the Brazilian State closer to its internal productive sectors, as well as the changings occurred in the international commerce. In the second chapter, there's en explanation about the rules which involves the OMC disputes and how the case between Brazil and USA was conducted, with special highlight for the cotton contentious. Finally, in the last chapter, it is given a major emphasis in the external scenario and how it swayed the decisions of the two contenders for achieving the up-to-date result. The Brazilian victory in the cotton dispute reveals a greater Brazilian protagonist role in the developing world and the rising of its power in the commercial discussions.
Com o final da Guerra Fria, Brasil e Estados Unidos entram numa nova fase em termos de comércio internacional, na qual o Brasil se estabelece como um global trader e passa a concorrer com os produtos norte-americanos no mercado mundial, principalmente no que diz respeito ao setor de commodities. O algodão, importante matéria-prima, se insere nesse novo cenário, e foi motivo da maior contenda envolvendo esses dois países. O processo pelo qual o Brasil contestava os subsídios concedidos pelos norte-americanos aos seus produtores locais data de 2002 e ganhou um desfecho favorável ao país sul-americano em 2005, quando a Organização Mundial do Comércio reconheceu o efeito funesto resultante das práticas norte-americanas no mercado internacional desse produto. Posteriormente, houve o pedido de retaliação por parte do Brasil e sua consequente autorização, sendo-a permitida sob a forma cruzada, ou seja, podendo envolver quebras de patentes, por exemplo, nos seus esforços de ressarcimento. Os dois países, desde então, vêm mantendo uma agenda de diálogo acerca da melhor maneira de solucionar esse contencioso, havendo um acordo sido assinado em 2010. A pesquisa visa compreender como essa contenda ultrapassou os limites dos países envolvidos, ganhando apelo internacional e contribuindo para a inserção do Brasil no mundo como um global player. O primeiro capítulo trata da reforma no cenário doméstico, aproximando o Estado brasileiro dos setores produtivos locais, bem como as mudanças ocorridas no comércio internacional. No segundo capítulo, há uma explanação sobre as regras que circunscrevem as disputas na OMC e como o caso entre Brasil e Estados Unidos foi conduzido, com especial ênfase para o contencioso do algodão. Por fim, no último, dá-se um destaque maior ao cenário externo e como ele influenciou as decisões dos dois contendores para que se chegasse ao desfecho atual. A vitória obtida pelo Brasil no contencioso do algodão aponta para um maior protagonismo brasileiro no mundo em desenvolvimento e um aumento do seu poder nos debates sobre comércio internacional.
Payne, Bridget Áine. "State-Financed Merger and Acquisition Activity in Germany as a Catalyst for Robust Chinese Patent Law Enforcement". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1171.
Texto completoReichling, Noemie. "Les principes directeurs du procès civil dans l'Espace judiciaire européen". Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC021/document.
Texto completoSince the Treaty of Amsterdam entered into force on the 1st of May 1999 and the “communitarisation” of judicial cooperation in civil matters, the European Union has adopted many legal instruments relating to cross-border litigation, to the extent that one can now refer to a distinct “European International Private Law”, the governing principles of which have yet to be defined. By comparison, the French Code of Civil Procedure includes an entire chapter devoted to the governing principles applicable to civil trials. Based on a study of the European civil justice area, four governing principles can be identified: the adversarial principle, the principle of the judge’s active role, the principle of urgency and the principle of cross-border dialogue. In prospective terms, it follows that the possibility of these four principles’ being enacted in EU law is a matter worthy of examination. Several obstacles can be identified, none of which appears to be insuperable. Having been recognised as a possibility, such a consecration also seems desirable on the grounds of its several demonstrable advantages. The legal basis and vehicle of the above-mentioned four principles’ legal enshrinement remain to be determined. In this regard, article 81 of the Treaty on the Functioning of the European Union, pertaining to judicial cooperation in civil matters, couldserve as a legal basis. In terms of implementation, this study also argues in favor of regulations over directives
Su, Yii-Der. "Les litiges en matière de marque : contribution à une étude de droit comparé entre la France, la Chine continentale et Taïwan". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA029.
Texto completoThere continues to be significant developments in intellectual property law in the wake of the technological revolution and the globalization phenomenon. This thesis seeks to analyze procedures for settling disputes by comparing three decidedly different judicial systems: France (the « cradle » of Civil law legal system) on the one hand, contrasted with two entities of diverging judicial traditions, namely Mainland China and Taiwan. We will take up two trends in particular: a strengthening of administrative power and at the same time a movement toward harmonizing settlement procedures.The strengthening of administrative power is evidenced by its “specialization” and extension of its competence in the area of intellectual property rights. Thus, in Mainland China local administrative authorities can enforce administrative laws to expediently deal with intellectual property disputes. In France, on the other hand, the growth of administrative power can be seen in the transposing of the 2015 future directive regarding the harmonization of trademarks within the European Union, which attributed competence to the INPI for the first degree examination in the revocation and invalidity procedures.The harmonization of trademarks is also visible in the introduction of a reinforced “customs seizure” mechanism in Mainland China and Taiwan. Furthermore, with the establishment of specialized courts, the Taiwanese legislature became the first of the three justice systems to create an intellectual property court in 2007
Gouin, Margaret E. "Nuclear law: The applicability of Canadian and related international public law principles to litigating the issue of nuclear weapons in Canadian courts". Thesis, University of Ottawa (Canada), 1990. http://hdl.handle.net/10393/5597.
Texto completoMehtiyeva, Kamalia. "La notion de coopération judiciaire". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D063.
Texto completoThe diversity of legal orders and their multiplication have led to a growing need to articulate them. Mechanisms of coordination are no longer sufficient and are complemented by more active methods of interaction both during proceedings in court and upon their completion, thus forming an integral whole, known as the phenomenon of judicial cooperation. Behind the analysis of the diversity of the methods of cooperation that are implemented in the international order (letters rogatory, service of process, extradition, exequatur) and in the European order by virtue of the principle of mutual recognition (European arrest warrant, recognition of civil and criminal judgments, European investigation order), the thesis reveals a prefound unity of the notion of judicial cooperation. Its criteria, analysed as procedural act, free/y accomplished by one legal order upon the request of another, for the needs of judicial proceedings pending before or ended in the requesting legal order, allow to trace the essence of judicial cooperation. At the core of judicial cooperation lies the process of mutual aid, based on reciprocity for the purposes of resolving a transborder litigation, and which defines respective powers of the requesting and the requested judge
Morbach, Rüdiger. "Der kartellrechtliche ordre public in der internationalen Schiedsgerichtsbarkeit". Thesis, Paris 2, 2021. http://www.theses.fr/2021PA020034.
Texto completoAt the intersection between arbitration and competition law lies private autonomy. The provisions of competition law safeguard what is at the same time the legal foundation of arbitration. In both areas of law, private autonomy enters into conflict with the state's regulatory interest. While this conflict is omnipresent in competition law, it manifests itself in arbitration only when the arbitral proceedings come into contact with mandatory state law, most notably when a state court has to decide on the enforceability of an arbitral award. If this is the case, not only private autonomy and mandatory state law collide, but also arbitration and state court jurisdiction. As far as arbitration and litigation are considered to be equivalent, a state court may not review the substance of an arbitral award on the merits (principle of non-révision au fond). It may only consider whether the enforcement of the arbitral award would violate an essential principle of the law of the state that the state court is supposed to protect, i.e. its public policy (ordre public). Some of these essential principles derive from a state’s competition law and form the state’s public competition policy. Public competition policy, it’s implications for the arbitral tribunal and its protection by state courts form the subject of doctoral thesis
An der Schnittstelle zwischen der Schiedsgerichtsbarkeit und dem Kartellrecht liegt die Privatautonomie. Sie wird durch die Regeln des Kartellrechts gewährleistet und stellt zugleich die Legitimationsgrundlage der Schiedsgerichtsbarkeit dar. Dabei steht sie in beiden Rechtsgebieten im Konflikt mit dem staatlichen Ordnungsinteresse. Während dieser Konflikt im Kartellrecht allgegenwärtig ist, manifestiert er sich in der Schiedsgerichtsbarkeit, sobald das Schiedsverfahren mit zwingendem staatlichen Recht in Berührung kommt, insbesondere wenn ein staatliches Gericht über die Vollstreckbarerklärung oder Aufhebung eines Schiedsspruchs entscheiden muss. In diesem Fall treffen nicht nur Privatautonomie und staatlicher Zwang aufeinander, sondern auch Schiedsgerichtsbarkeit und staatliche Gerichtsbarkeit. Werden beide als gleichwertig angesehen, darf das staatliche Gerichte einen Schiedsspruch grundsätzlich nicht in der Sache überprüfen (Prinzip der non-révision au fond). Es darf nur prüfen, ob die Vollstreckung des Schiedsspruchs einen wesentlichen Grundsatz des von ihm zu schützenden staatlichen Rechts verletzen würde, seinen ordre public. Enthalten diese wesentlichen Grundsätze Regeln des Kartellrechts, handelt es sich um den kartellrechtlichen ordre public. Der kartellrechtliche ordre public, seine Bedeutung für das Schiedsgericht und seine Überprüfung durch das staatliche Gericht werden in dieser Dissertation untersucht. Dazu bedarf es eingangs einer allgemeinen Betrachtung der Schnittstellen zwischen Kartellrecht und Schiedsgerichtsbarkeit (1. Kapitel). Diese widmet sich einerseits den theoretischen Grundlagen der Beziehung beider Rechtsgebiete, andererseits den vielen praktischen Formen des Aufeinandertreffens von Kartellrecht und Schiedsgerichtsbarkeit. Davon ausgehend soll sich dem kartellrechtlichen ordre public genähert werden, indem dieser in allen seinen Erscheinungsformen dargestellt wird, die anhand ihrer Wirkungen in gängige ordre-public-Kategorisierungen eingeordnet werden und miteinander so ins Verhältnis gesetzt werden, dass Konflikte und ein möglicher Umgang mit ihnen erkennbar werden (2. Kapitel). Im Anschluss soll aufgezeigt werden, wie staatliche Gerichte Schiedssprüche auf eine Verletzung des kartellrechtlichen ordre public überprüfen, welche Kontrollparameter ihre Untersuchung beeinflussen, wie sich Parallelverfahren vor Wettbewerbsbehörden darauf auswirken und welche Gestaltungsmöglichkeiten ein staatliches Gericht hat, das eine Verletzung des kartellrechtlichen ordre public feststellt (3. Kapitel). Im Anschluss sollen Möglichkeiten für das Schiedsgericht und die Schiedsparteien ergründet werden, einen Verstoß gegen den kartellrechtlichen ordre public zu vermeiden (4. Kapitel). Mit den hierbei gewonnenen Ergebnissen soll zuletzt versucht werden, eine Antwort auf die Frage zu finden, ob der kartellrechtliche ordre public einen wirksamen Sicherungs¬mechanismus darstellt, mit dem eine sich eine Rechtsordnung gegen gravierende Verletzungen ihres Kartellrechts durch Schiedssprüche schützen kann