Tesis sobre el tema "Statut des mandataires de justice"
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Rossi, Patrick. "Du controle exerce par les mandataires de justice dans les procedures collectives". Lille 2, 1997. http://www.theses.fr/1997LIL20018.
Texto completoThe research is about the supervision - by insolvency practitioners - of the management of a company under a recovery plan or going into liquidation, and about the debtor's administration of his assets. The insolvency practitioner's function goes beyond the observation period or the liquidation operations and extends to the management of the company before the beginning of the proceedings or during the recovery plan. Beyond the diversity of existing legal proceedings one can see the necessity to base the missions on interests protected and represented by the insolvency practitioner. Exercising control is the power of checking. It is also the power of taking legal action. Control checks that the actions of persons under control are not detrimental to these interests. The persons under control then appear as "agents". The court lays down the conditions of management of the company. Insolvency practitioners take part in these operations. Their personal liability is engaged if their management gives rise to damage
Peyrat, Sébastien. "La Justice et la justice dans les cités". Paris 8, 2002. http://www.theses.fr/2002PA082160.
Texto completoSidibé, Mahamoudou. "L’intervention devant la Cour Internationale de Justice". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100150.
Texto completoIntervention is the procedure by which a third State intervenes in a pending proceeding to protect its rights. It is laid down in Articles 62 and 63 of the ICJ Statute. The first provision recognizes to every State justifying a legal interest in the case in question the right to intervene. In contrast, the second gives the third States also party to a Multilateral Convention whose interpretation is in question the right to intervene. The main issue raised by the intervention is whether this procedure is consistent with the principle of consent that governs the Statute of the Court. Concerning Article 62, this issue is due to the controversy within the doctrine on the status of the intervening State. Indeed, some authors argue that the intervening State is a party to the proceeding. In this case, they consider that Article 62 does not respect the principle of consent. To reconcile this principle with the intervention, they think that the Court can not accept the intervention without the consent of the parties. Others argue, however, that the intervention is consistent with the principle of consent because the intervening State do not become a party to the proceeding. Others still argue that Article 62 recognizes two forms of intervention as developed by the previous authors. The purpose of the study is to demonstrate that Article 62 gives rise to a broad interpretation, as it allows not only intervention as a non-party, but also as a party and that the principle of consent is respected in both cases. Indeed, this study shows that both the conditions and the effects of the intervention are consistent with this principle
Coupey, Marie-Géraldine. "La défense du mineur devant la justice pénale". Poitiers, 2004. http://www.theses.fr/2004POIT3008.
Texto completoHassan, Kamal. "Le statut des tribunaux ad hoc en droit international pénal". Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1005/document.
Texto completoThe purpose of this thesis is to examine the ad hoc tribunals by analysing their definition in international public law, their founding legal principles, their jurisdiction over international crimes and their goals to determine wether there is a common international status for these tribunals.The implementation of the first ad hoc tribunals on the international stage after World War II, the IMT of Nuremberg and Tokyo, was due to the inability or unwillingness of the internal judicial system in the countries concerned to bring the perpetrators of war crimes to justice.Subsequently, nine ad hoc tribunals were established (either unilaterally by the Security Council or through an international agreement) with a view to prosecute the most monstrous crimes, such as crimes of genocide, crimes against humanity and war crimes. In this respect, we can say that the ad hoc tribunals benefit from all the mechanisms required to be efficient, such as individual criminal responsibility, primacy over nation courts and the obligation of States to cooperate,and they have succeeded to achieve the purpose of justice.However, in addition to their natural function to ensure justice, these tribunals had been given a further aim : to achieve international peace and security. They were not able to achieve this aim, because a legal body cannot reach a goal whose motives are political.After studying the status of the ad hoc tribunals and thus necessarily analysing all the texts which organise the function of these tribunals, we are in a position to confirm that the ad hoc tribunals will not be replaced by other judicial bodies, such as transitional justice or universal jurisdiction.Moreover, despite the entry into force of the ICC as a permanent court in 2002, new ad hoc tribunals will be established. Their status could be based on the common status and on our proposals
Abounai, Aïcha. "La femme marocaine en France : justice civile et processus d'intégration". Paris 8, 1995. http://www.theses.fr/1995PA081021.
Texto completoThe purpose of this research is to study the application of moroccan personal status code to moroccan women in france, as well as the impact of this application on the integration process. Twenty-five years after its promulgation, the same code continues to govern family life in morocco. Completely outmoded by social experience, it is contested by women's organizations and left-wing political forces. Moroccan women in france live within a different social environment they describ their hopes, their disappointments, but also their expectations and how they view the future. This new social environment adds to the complexity of the problems raised by the application of the personal status code in accordance with the french-moroccan convention of the tenth of august nineteen hundred and eighty-one. This involves the intervention of french courts and moroccan diplomatic authorities, who deal differently with these problems the moroccan women can avail herself of both french justice and authorities. Her choice is influenced by serveral factors : her degree of legal knowledge, her family status (mother or without children), and her professional status (whether or not she works). However, if the moroccan woman has created a space in wich she lives and wich
Cardi, Coline. "La déviance des femmes : délinquantes et mauvaises mères : entre prison, justice et travail social". Paris 7, 2008. http://www.theses.fr/2008PA070058.
Texto completoUsing sex and gender categories to analyse social control, this study sheds light on women's deviance. In France, very few sociological studies have tackled deviance from the perspective of gender. The fïeld work concerns numerous institutions of social control: women's prisons, juvenile justice (educational and penal enforcement), classical and new structures of social work with families (a maternal center and an association for family therapy). Interviews with professionals and deviant women (semi-directive and biographical interviews), observations of practices and qualitative and quantitative analyses of personal files have contributed to drawing a cartography of women's social control. Such a transversal approach shows that social control is strongly gendered, especially in relation to parapenal institutions which differentiate male and female deviance. Two women's characters corne out: the offender and the bad mother. The offender deviates from the law as well as from the gender roles. The bad mother is specifically gendered. Parapenal institutions that supposedly bring protection and surveillance to lower class women are indeed assigning them a family role. In order to understand women's deviance, social control needs a larger approach which includes penal and parapenal structures as well as informal controls
Lopez, Hernandez Melisa. "La diversité culturelle des peuples autochtones dans la jurisprudence constitionnelle colombienne : la reconstruction du paradigme de justice interculturelle". Thesis, Université Grenoble Alpes (ComUE), 2017. http://www.theses.fr/2017GREAD012/document.
Texto completoThe legal disputes around the multiculturalism and around the ethnic justice are at the heartof the legal and philosophic debates. In this matter Colombia today and its current ethnicconflicts are particularly significant of these debates. This country is ruled through the 1991Constitution as a multiethnic and multicultural State. Indigenous peoples have been alsorecognized as well and the rights tied to their cultural difference have been registered in thisnormative text. In this political and legal context, the Constitutional court of the countryplayed a fundamental role in the interpretation and the definition of these new rights. As faras the analysis of the jurisprudence and what we call here paradigm of the interculturaljustice are concerned, we shall rely on the distinction made by the philosopher Nancy Fraserabout the social justice as a redistribution and a recognition. This distinction will thus lead theanalysis which we develop about that subject, and will at the same time help us tryto complement in the studies concerning this population. This framework of interpretationof the autochthonous question will authorize us to highlight the limits of the recognition of thecultural diversity when it comes to the economic question, the general interest or the statereason. It will also allow us to estimate the consistency of the paradigm of the interculturaljustice and its implicit philosophy. This approach of the judge’s decision involves that weconsider that the jurisprudence can contain a strong bitof political philosophy, or in otherwords, that the jurisprudence contains one or several implicit philosophies. We are thusparticularly interested here in highlighting this implicit philosophy
Bideau, Cécile. "L'accès de l'enfant à la justice : en droit français et en droit québécois". Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_bideau_c.pdf.
Texto completoA comparative study between French and Quebec Law reveals that under French Law, less importance is given to the protection of the child than to his rights. Apart from specific procedures such as youth protection or penal procedures, access to justice for minors is still limited. The minor may only address the tribunal individually in exceptional circumstances. The right to be heard, recognized under the January 8th, 1993 Act, is still not applied properly. Quebec Law has found a balance between the protection a child needs and the exercice of his rights. The diversity of the systems developed under Quebec Law enables the child's access to the tribunal while preserving his interests
Telliez, Romain. "Les officiers devant la justice dans le Royaume de France au XIVe siècle". Paris 4, 1999. http://www.theses.fr/1999PA040243.
Texto completoDémare-Lafont, Sophie. "La femme dans le droit pénal du ProcheOrient ancien". Paris 2, 1990. http://www.theses.fr/1990PA020057.
Texto completoThe criminal law of women, as it results from the mesopotamian, hittite and biblical juridical sources, reflects the moral conceptions of ancient oriental societies. Apart from two offences feminine by nature (abortion and double nursing), delicts concerning women are either variations of male offences (e. G. Theft, blasphemy, injury or slander) or offences conventionaly considered as feminine (e. G. Adultery, rape, domestic offences,. . . ). Punishment of these infractions to ancient oriental legislations depends on the social and family status of the women, victim or guilty party
Dalus, Noël. "La nature de la rémunération des dirigeants sociaux". Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0396/document.
Texto completoThe remuneration of corporate officers is a highly publicized subject, particularly because of the impression, rightly or wrongly, of the important amounts received by corporate officers of numerous large companies. The legal relationship under which corporate officers perceive their remuneration does not appear to be precisely defined within the framework of positive law. There are two types distinct natures of remunerations. While one has a contractual nature, the other one is institutional by nature. The nature would depend on several criteria including the legal form of the company studied, whether the company is listed or not, and the type of remuneration paid. This analysis, inherited from the French corporate law history of the twentieth century, does not seem accurate to us. The private enterprise is first and foremost an economical reality, before being apprehended by the law. In a legal order such as ours, i.e. a liberal democracy and a market economy, the private enterprise, whether it is represented by a legal personality or not, is always structured by the private property and the contract. Property and exchange (through contracts) translate the principle of individual liberty within the civil law. The private enterprise of a legal order, which recognizes the economic freedoms, is first the exercise of the entrepreneurial freedom, alone or with others. Any power exercised within a private enterprise roots in a legal act of private law, generally a contract. The company with a legal person allows the realization of various legal effects, including the protection of the company assets. The legal autonomy of the company, authorized by law, should however not hide the fact that the company is not independent from those who founded it or their successors. The company officer, the one in charge of the company management, derives its power and remuneration from a contract. This remuneration, as the object of a contractual obligation, has always the same cause, i.e. the compensation for a management work, in the broad sense of the term
Jalkh, Gustavo. "Le statut juridique du Golfe de Fonseca à la lumière de l'arrêt de la Cour internationale de justice dans l'affaire Honduras : El Salvador". Paris 1, 1995. http://www.theses.fr/1995PA010293.
Texto completoHistorical waters still don't constitute an independant juridical category as territorial waters, internal waters and, at the present time, archipelagos are. In a historical bay, waters, that can't belong to territorial seas, are regarded as inland waters -there isn't other status for them. What we call the right of innocent passage is the stumbling-block for the determination of the juridical nature of the waters of historical bays. Indeed, the rights of innocent passage are incompatible with the internal waters status. The chamber of the court, wishing to conciliate the historical nature of fonseca bay with the necessity to recognize rights of passage, found a juridical solution by analogy with the case of the internal archipelagos waters. This analogy seems to be a far-fetched one but it shows the hability that the chamber gave proof of in a highly manysided situation
Schabaver, Frank. "Le droit et la justice chez les Indiens comanche et cheyenne au dix-neuvième siècle". Lyon 2, 2001. http://theses.univ-lyon2.fr/documents/lyon2/2001/schabaver_f.
Texto completoComanche and cheyenne justices during ninetieth century are based on a jurisprudential law. On one hand, law allows to understand what rules individuals establish about their life : birth, marriage, properties' acquisition and death. These rules could be enforced or extended to the whole tribe by various authorities, from council's chiefs to military societies. On the other hand, justice as judiciary system explains how Indians make their rights to prevail. First, the individuals obtain damages to compensate for injury by civil liability or by civil justice (lawsuit against adultery). They also blacklist excessive claims by retaliation or protest suicide. Second, the arbitratorial authorities apply criminal justice to redress wrong as murder, offences against community hunt's rules or cheyenne's horses theft. By proxy of political authorities, the plaintiff makes trial against comanche sorcery or punishes cheyenne rape. The society itself reproves abnormal conducts as incest, theft or inappropriate comanche privileged homicide. In short, these tribes have actually evolved a "judiciary power" which creates law rules and applies justice, although this power appears not always autonomous from political power
Lahure, Matthieu. "La formulation moderne et contemporaine du problème de l’égalité des sexes et de la différence des genres comme question de justice appliquée". Paris 4, 2007. http://www.theses.fr/2007PA040158.
Texto completoIn this work I show how the democratic claim for equality between men and women is formulated in political philosophy as a question of applied justice. The relationships between men and women involve distributions of rights, powers and goods which are to men’s advantage, even within the equalitarian context of democratic societies. The aims of this research have been to measure up this unequal treatment and analyse the mechanisms through which it persists, as well as to offer solutions to correct its various manifestations. With this in view, I have chosen to rely on the theoretical tools and to develop the perspectives on distributive procedures provided by the works of modern philosophers such as Locke, Rousseau, Tocqueville and Mill, and by the contemporary reflections of Rawls, Walzer, Okin, and Kymlicka. What is at stake here is the possibility for democracy to re-examine the very principles of its dynamics so as to face the challenge of sexual difference and to correct the inequality of socially grounded gender differentiation. I have reached the conclusion that to achieve equality between the sexes, there has to be a critical political liberalism reaffirming the value of individual autonomy. But for the promotion of such autonomy State intervention needs to go beyond the mere principle of no-discrimination and to take into account the specific nature of the goods which the individuals are after as well as the social situations by which they are characterised
Djimasde, Nodjioutengar Evariste. "Réflexions sur la contribution de la Francophonie dans la mise en oeuvre du statut de la Cour pénale internationale". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3003.
Texto completoOn the basis of the Rome Statute and the reference or authoritative text from bodies or instances of Francophonie, this dissertation aims to highlight the contribution of this author in the fight against impunity. In fact, this is necessary to demonstrate that extremely serious offences laid down or defined and punishable by the Rome Statute are the clear opposite of humanistic values promoted by the International Organization of the Francophonie (IOF).The IOF consists of 56 states and governments, as well as 23 observers, 3 associates and 54 members in 5 continents. With 55 of members being states parties to the Rome Statute, sharing a wide institutional network and having 274 millions of people speaking a common language. The IOF, in spite of its imperfections, is equally legitimate and has the capacity to provide fresh momentum for the Rome Statute implementation process.To overcome the shortcomings of the present system of Francophonie, this dissertation particularly insists on the need or the importance to create in member’s states authorities or departments in order to mobilize and involve actors or partners to the implementation of the Rome Statute
Chotouras, Dimitrios. "Le statut juridique en droit international du réfugié écologique : une nécessité ! Le phénomène migratoire du fait des modifications environnementales". Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0043.
Texto completoIn recent years, the process of climate change and environmental events trigger without any doubt a massive migration within and sometimes beyond national borders. A new category of people - victims themselves of these disasters that cause dangerous effects on the enjoyment of human rights - often grouped under the label «ecological refugees» flee a shaky situation likely to be exacerbated by the incapacity, the limited natural resources or, furthermore, the State's negligence. This term, mainly descriptive of a situation, has no legal value in international refugee law as long as the international refugee protection regime was not designed to deal with situations of environmental disruptions. In this context, in regard of the needs of people displaced by the effects of climate change, there is a necessity to establish a legal status for environmental refugees. It's not just the responsibility of the host State that must be analyzed, but also that of the State of origin. Several issues require prompt and adequate response. How can we protect the affected populations? Would it be appropriate to qualify as refugees certain categories of these displaced people by environmental change? What is the status of displaced persons due to the disappearance of a State submerged below sea level? If a State failed to effectively protect its citizens during a natural disaster, isn't it responsible for the mass migration? Or, can we consider that the existing international legal instruments can already protect and assist environmental refugees?
Lucas, Laure-Anne. "Les infractions commises entre mineurs". Tours, 2003. http://www.theses.fr/2003TOUR1001.
Texto completoThe lawmaker enacted different protective rules toward under age offenders and toward under age victims of crimes which appear to be not easily reconcilable. From a wider point of view, when penal rules are applied to offences between minors, it seams that the lawmaker set a presumption of consent between minors. Such presumption is not justified in all respects. Furthermore, the enforcement of criminal law to these crimes involves the pronouncing of sentences or even of increased sentences which cannot be justified when the two protagonists are under age. Although the enactment of special rules for minors may not be necessary, the generalization of the principle of special vulnerability would allow to take into account these crimes in a more appropriate manner and to give a proper response to these acts
Gutierrez, Quevedo Marcela. "Les Wayuu, l'Etat de droit et le pluralisme juridique en Colombie". Thesis, Artois, 2010. http://www.theses.fr/2010ARTO0301/document.
Texto completoThis thesis through a case study ist devoted to describing and analyzing the problems of legal pluralism in Colombia. The first part presents the historical, geographical and social colombian basic features of social structure and culture of an indigenous group: the Wayuu. At multiple points of view that people have different canons of Western culture. They seized on this example, the diversity of human worlds and the need for the right to integrate the fact of pluralism. This issue is developed in our second part. We show the crisis of legal monism and classical concepts of criminal law. In the concrete example of the traditional mode of conflict resolution among the Wayuu, we highlighted the need for the rule of law to admit a legal and cultural pluralism of society that really has always existed. This opennes to difference is secured to an abandonment of legal concepts and essentialist a priori especially in criminal law. This is the price that we can understand the ongoing reconstruction require that concepts such as crime, offenders and punishment. Our latest developments are dealing with decisions of the Colombian Constitutional Court, which recognized cultural diversity as a fundamental right to basic dignity of many communities existing in Colombia. We show how, over the last decade of the twentieth century the constitutional power has been in our nation a protector of human rights. The debate remains open between universal human rights and human rights culturally constructed, for its part, the Constitutional Court decides on a case by case, without generalizing its decisions, it is important to make into reality the legal pluralism which the Colombian society is cultural and juridical rich and is in its legal and factual context
Hijazi, Flora. "Le mineur dans l'espace de liberté, de sécurité et de justice". Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD040.
Texto completoThe action of the European Union in the area of freedom, security and justice, testifies, since the beginning of 2000s, of an increasing interest for the minor. This is an evolution justified doubtless by changes, in Europe, about the position of the minor in society and in international migrations. These changes affect all the addressed matters (asylum, immigration, crossing of borders, civil law and penal law). We see, for example, a lot of unaccompanied minors in the migrations or the claiming of an increase of juvenile delinquency. Yet, if the minor must enjoy the same rights as every person, he must also benefit from a specific treatment to respect his autonomy and his vulnerability. This study wonders about the ability of the law of the area of freedom, security and justice, to grant to the minor a sufficient singularization and protection. For that, the analysis is interested in the normative interactions in this area (national, international and european norms) which will allow to underline improvements and faults of the EU law
Allafi, Mousa. "La cour pénale internationale et le conseil de sécurité : justice versus maintien de l'ordre". Thesis, Tours, 2013. http://www.theses.fr/2013TOUR1002/document.
Texto completoThe international criminal Court system (ICC) whose mission is to ensure international justice, is based on a close relationship with the security Council. So it is proper to wonder about the Council’s role in the functioning of international criminal justice. Such a questionning is fundamental, for the intervention of a political body into the functioning of a judicial body calls into question the missions of both institutions. The Council’s interference in the activity of the ICC, based on its mission of maintaining international peace, is actually carried out on behalf of an international order intended by the Council itself. This role affects the functioning, the independence and even the impartiality of the ICC. The powers the Rome Statute gives to the Council allow it to refer to the ICC, to impose for the States to cooperate with the Court, to suspend its activity or also to qualify an act as a crime of aggression. However the relations between the Council and the ICC should not be subordinated, but maintained in mutual respect. Thus there is a real concern regarding the observance of the Rome Statute by the Council. The study highlights the conflict between justice and politics and reveals the current issues in terms of international criminal justice
Dourma, Marwanga. "La protection pénale de l'enfant au prisme de l'administration coloniale depuis la rencontre des droits occidentaux et des droits traditionnels en Afrique occidentale, spécialement au Togo : de 1922 à nos jours". Strasbourg, 2011. http://www.theses.fr/2011STRA4011.
Texto completoThe black African child lives in an environment where tradition and modernity exist side by side and occasionally clash. This co-existence, and occasional conflict can be seen at the level of daily life and also in the justice system. It is therefore a co-existence on both a sociological and judicial level. The phenomenon has its origins with the colonization of Africa. 19th century colonialism introduced onto the continent several new elements which radically altered the life of Africans. It introduced European law to peoples who had before only been governed by traditional laws arising from their customs. This new European law, today known as “modern law”, had always aimed at priority over traditional laws. The process of “European legalization” in the life of African societies through the single view of colonial priorities provoked a conflict in values which poses a problem for the African himself, but also for the child whose penal protection invites some questions. Through the specific example of Togo which experienced two different foreign justice systems, with first German and then French, colonization, the present study analyses the question of the legal protection of the child in black Africa. Starting with pre-colonial Africa, this analysis covers three successive periods before envisaging the near future. It is first a question therefore of analyzing the legal protection of the child in his traditional environment. The beginning of colonization is then examined in order to understand its administrative organization, for this organization not only altered the traditional protective environment of the child but also organized the penal law designed to protect the black African child. The answers proposed by contemporary protection policies need also to be analyzed. Finally the study, on the basis of the evidence that millions of African children still see their most basic elementary rights trampled on, examines the value of international judicial responses to the question of penal protection of the child, both at a regional level and that of the United Nations. This analysis therefore, covers three essential periods. The first is the pre-colonial period, characterized by the exclusive nature of laws originating from traditional customs, a period during which the child, considered as the essential element in society, is the concern of each member of the community. This central position of the child results from its status which is close to that of ancestors and deity. For this reason nobody can harm a child without offending both deity and the ancestors of the community and therefore provoking their anger towards the community of the culprit. In consequence, by watching over the security of the child the community watches over its own security as well as its economic prosperity as the child represents the economic capacity of the community. The second period, the colonial period, is characterized by the calling into question of the traditional legal protection of the child. Colonization, by virtue of its principles and administrative system imposed itself as the sole way of analyzing all sociological and judicial issues in Africa, despite the counter values that Africans blame it for introducing into their societies. Not only did the methods of introducing this organization provoke resistance, its refusal to take into account the traditional principles regulating African societies transformed the introduction into a problem instead of a solution towards helping African societies to “evolve”. In consequence, the judicial system proposed by colonization to protect the child never achieved the support of the great majority of African populations. The contemporary period, that is to say the post-colonial period, has little improved the real judicial situation of the African child. The stubbornness of African governments in drafting legislation as a continuation of colonial laws has rendered the penal law system ineffective. The intervention of regional and international law, through the Convention for the Rights of the Child and its additional protocols, along with The African Charter for the Rights and Well-being of the Child remain without any real effect. Those laws which don’t manage to create a universal law with “multiple facets” thereby integrating the specificities of Africa, seem condemned to have a minimal impact because they neither conquer the spirit nor the hearts of Africans who remain attached to their traditions, on both on a practical and a judicial level. Togo, fortunately, unlike, other countries in black Africa, seems to have realized that it is necessary to reconcile laws and people. It has been involved, for several years, in the construction of a more dynamic penal system for the protection on the child. This reconciliation of law with the people is being undertaken with information campaigns and the involvement of civil society through NGOs and associations. However, the still timid results must be pointed out on the basis that this process will only achieve its full effect by integrating in a considerable way the specific realities of Africa
Payet, Dorothée. "L'entité territoriale infra-étatique dans la jurisprudence de l'Union européenne. La Cour de justice de l'Union européenne face à la dimension régionale et locale des États membres". Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0029.
Texto completoThe infra-State body represents a pluriform institutional reality and a fragmented geographical reality of the regional and local dimension in EU Member States. Its European legal status is appeared in large part under jurisdictional impetus. The review of the case law of the Court allows to identify and to characterize this legal status. We note that European legal status of the regional or local authority is ambivalent and hybrid in character because of this specificities of the legal system of the European Union. On the one hand, the regional or local authority is assimilated sometimes to the status of the EU Member States, sometimes to the status of the individuals. That ambivalence in terms of legal status, as a subject to European law, cornes from the specificities of the mission of the Court. The Court must be insuring the primacy of European law into national legal systems and into the legal order of the European Union. On the other hand, the Court should consider the requirements of the regional and local dimension of EU Member State. The infra-State body is as an object to EU regulation. The normative action of the regional or local authority is supervised with a view to european integration, and at the same time, a special normative body for overseas regions has developed. We note that the Court contributes to define the normative corpus applying to the regional and local dimension in EU Member States
Gadea, Elise. "Le pluralisme juridique à l'épreuve des pratiques communautaires en Bolivie. Politiques d’administration de la "justice indigène originaire paysanne"". Thesis, Paris 3, 2020. http://www.theses.fr/2020PA030005.
Texto completoOver the last few decades in Latin America the struggles of indigenous peoples for the acceptance and recognition of their own cultures have turned to political and legal demands. The role of political allies of these peoples in the emergence of these claims has been decisive.The example of Bolivia is an exemplary case of the struggles of native peoples because of the proportion of the national population belonging to ethnic groups and the rise to power of Evo MORALES. The Political Constitution of the Plurinational State of Bolivia, approved in 2009, values collective and cultural rights and promotes the recognition of indigenous traditions and knowledge, particularly in the application of justice. Nevertheless, the constitutional precepts promulgated in 2009 relating to native indigenous peasant justice are contradicted by the Jurisdictional "Deslinde" Law, promulgated barely a year later. As we will see this has led to an ambivalent and nebulous implementation of the plural justice system.In the absence of debate and negotiation on the new standards of plural justice, we will see how lynchings played a central role in the homogenizing construction of a new institution, operated by the native authorities of indigenous communities, according to their ancestral norms and customs.Ethnological observation in several rural Andean communities has enabled us to qualify this conception as well as to analyze the numerous petitions of indigenous people to the Plurinational Constitutional Court and state judges. The increase in conflicts, but also the impasse that ensues when these legal claims develop, creates a difficult situation for {indigenous and union] community authorities between, on the one hand, community members who destabilize their role as arbitrator and on the other, the state justice that exercises increasing pressure over them
Aboubacar, Youssouf-Mdahoma. "La responsabilité pénale de l'enfant du droit romain jusqu'au code de la justice pénale des mineurs". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0511.
Texto completo« Then the evidence you leave it to the jury. And where will they seek the proof of discernment ? In the soul of the acknowledged culprit: it is closed to them. What's more arbitrary, what's less reasonable. I ask that this article be removed ». Thus, Dominique Joseph Garat, deputy of the Constituent Assembly, exclaimed in front of the national representation to affirm his opposition concerning the idea of a miner's irresponsibility based on discernment. This insurrection will not be the only one, on the contrary. Indeed, the issue of child delinquency has continued to return to public debate, and even very recently with Ordinance No. 2019-950 of 11 September 2019 on the legislative part of the Code of Juvenile Criminal Justice. The legislator, the jurisprudence and the doctrine have always endeavored since the beginning of the contemporary era to construct a legal regime peculiar to the child, basing himself particularly on the notions of “age” and “discernment”. However, the company's concern with its civil and criminal liability is not recent: the legal status of the child has been the subject, throughout history, of specific adjustments and different from that of the major. From Roman law to the 1945 ordinance, passing in particular by canon law and the Ancien Régime, the evolution of the responsibility of the one whose reason is not yet fully developed appears certainly interesting but especially indispensable in the understanding of the spirit of the rules that are applicable today.In this sense, this thesis will deal fully and chronologically with this evolution
Pellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers". Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Texto completoThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Bakama, Bope Eugène. "Les fonctions de prévention et de réconciliation de la Cour pénale internationale : cas de la république démocratique du Congo". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0395.
Texto completoIn addition to the judicial function to put an end to the impunity of the perpetrators of the crimes referred to in its statute, States parties have assigned to the International criminal court the function of preventing them. The interpretation of some provisions of the Rome Statute also leads to a de facto reconciliatory or peacemaking function. Is there an obligation to prevent the most serious international crimes? What are the outlines of the preventive function which is foreseen by the Rome Statute? Is the prevention through judicial action sufficient to prevent the repetition of crimes, especially in the case of the Democratic Republic of Congo? Is there a reconciliation judicial function? If so, in what forms? How these two functions fit with others, repressive and restorative? In the first part of this thesis, the approach adopted is to analyze the provisions of the Rome Statute and the attitude of the organs of the court in the function of prevention. Although the objective is mentioned in the Rome Statute, there is still much progress to be made in implementing the spirit of these provisions, as the case on the DRC reveals. In the second part, the thesis focuses on a prospective approach to the reconciliation function. The analysis of the attitude of the court and its perception lead to a reflection on the reconciliatory character of the judicial decisions it has rendered and on their limits. The thesis then provides some reflections on the need to resort to transitional justice as part of this reconciliation function
Karimzadeh, Meibody Anahita. "Les enfants soldats : aspects de droit international humanitaire et de droit comparé". Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA003/document.
Texto completoThe uncontrolled spread of the phenomenon of child soldiers culminated in such a point during the 1990s that the international community was forced to strengthen the protection of children by introducing additional safeguards for children affected by armed conflict. Some of the main explanations for the rise of the phenomenon of child soldiers have been: areas of political instability, conflicts and almost universal impunity in cases of serious human rights violations. The objective of putting an end to the illegal involvement of children in armed conflict required close cooperation between all states concerned. Yet, legal complications did not take long to appear. Moreover, the diversity of legal systems and the variety of doctrinal approaches to the definition of the term "child" made a consensual approach difficult. The international criminalization of recruiting children, defined as a war crime, was just the beginning. The issue of justice in countries emerging from conflict is still relevant today and the adoption of other forms of justice is essential in the process of reconciliation and reintegration of former child soldiers. The criminal accountability of child soldiers is examined in its dual aspect of victim/executioner, addressing some emblematic cases
Sidommou, Imen Ouhod. "Le couple pénal : coupable/victime". Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB056.
Texto completoTo study " The penal couple: culprit / victim " it is to study an union and a duel. A couple supposes the meeting of both agents. The whole is to know how the protagonists are going to meet? In which circumstances? And according to which scenario? The questions multiply but what is certain that it is not the coincidence that always dictates the victimization. Latent victim, amenable victim, indicated victim, ideal victim, determined victim or social victim, all are convened by the aggressor. However, It remains to understand the choice of the victim. This one can be carrier innate characteristic or still a label imposed by its social course. In both cases the victim appears as a designated target , designated by the group to who she belongs to a vulnerable group, by the nature of her subjects. In other cases, the victim is initially not determined. It is her who attracts the culprit towards her, so creating a certain interaction between both agents. And it is moreover, this interaction which concretizes at best the definition of the penal couple. Indeed, a couple is brought to exchange. During this exchange appears clearly the role of the victim. Victim and culprit represent a duality difficult to separate. The interaction between them can find its basis in a relation between both. This relation favors the understanding of why of certain offenses. And this is why it was held by the legislator to dictate special offenses with an independent legal qualification because of this relation (infanticide, incest, parricide, harassment). The interaction between both protagonists can find its basis in the behavior of the victim in front of culprit. In this sense, the victim is not simply an amenable subject, she is going to turn out reactive, collaborator. To talk about the collaboration, about the guilt, about the responsibility of the victim can be ambiguous. How can we accept such adjectives for a supposed agent to be the part which undergoes the evil? This terminology countered shocking but its contribution does not make the slightest doubt. It is the major component of all the discipline of the victimology. Thus the whole is to understand her in its real context to avoid any diversion. In the face of what has been raised, we hold a culprit who appears as the active agent who commits the wrong and the victim who turns out to be the passive agent who undergoes him. The rhythm between both subjects accelerates until the evil is made. The offense being consumed, the rhythm between both decreases. The existence of the penal couple keeps however joining in time. The guilty overdraft does not enjoy anymore its active role. The roles are then reversed. After the evil is made, the looks turn to the victim. What is she going to make? The victim is more only the person who undergoes, but the person who takes revenge. At the bottom, the victimization is far from being an easy phase in the life of the victim. It is a terrible and destabilizing experience. It is not a fleeting event. It is the process which extends in time. At first, the victim has to make a step forward and learn to denounce. Then his victimization should not be a life sentence. She has to demand her rights. This express claiming of the victims is a claiming of dignity, consideration and honor. The penal trial appears for him as producer of the truth. It is the long-awaited moment to express its suffering and its pain. It is archetypal a scene of justice to calm the victim. It is also a scene of conciliation allowing "to negotiate" the justice to calm the penal couple. We enter then the approach of the justice restaurant owner allowing the culprit to become aware of the repercussion of its act in the life of the victim and to try to repair the caused evil. This emotional restoration including excuses establishes a very important compensation in the eyes of the victim. She can forgive and hope by this gesture to arrive at the forgetting
Charles-Alfred, Christophe-Claude. "La justice transitionnelle face à la responsabilité de l'enfant associé aux forces et groupes armés âgé de plus de quinze ans auteur d'infractions graves". Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1066.
Texto completoThe legal justice mechanism of the Child Associated with Armed Forces and Groups of more than fifteen years old of serious offenders is inconsistent. In fact, this kid's allowed to obtain the combatant status even if he never assumes automatically his responsibilities when he commits serious offences. It's because the international community is divided and considers him as a victim or a criminal. This uncertainty creates the effect of legal insecurity since he doesn't know how he'll be treated by Justice. This situation benefits to his recruiter who encourages him to commit the most serous crimes. The child feels almighty. But at the end of the conflict, he may probably rejected by this community who considers him as an executioner. So, his reintegration is compromise. To rectify this situation, harmonizing the age of the fighter should be a solution to clarity his accountability status. For the moment, fifteen years old appears as minimum standard. If the child isn't so youth to take arms, he can bear his accountability. But how? Whith Transitional Justice in general and more specifically the creation of a Special Court for Serious Violations which judge those who have the highest level of responsibility in the commission of the crime. For the others, we propose Restorative Justice that meet their needs, those of their victims and their entire community
Petit, Camille. "L’obligation de protéger du chef d’État : contribution à l’étude de la « responsabilité de protéger » en droit constitutionnel comparé et en droit international". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020036.
Texto completoThe political concept of the “responsibility to protect” was adopted in 2005 to prevent and p ut anend to criminal atrocities. The apparent consensus over its first pillar, the State’s obligation to protect its populations, has resulted in a lack of institutional analyses regarding its combined comparative constitutional and international aspects. Importantly, the State’s obligation rests in particular with the Head of State. The obligation to protect is common to all heads of state, but it also differentiates among them, depending on whether their obligation is State-oriented (with the aim to protect the State, even if that requires the suspension of the rule of law) or Rule-of-law oriented (with the aim to protect a liberal constitutional order while always subjecting political actionto the rule of law). The thesis begins with an analysis of the sources of law relating to the Head of State’s obligation to protect, as it was successively theorised, constitutionalised and internationalised. It then turns to the execution of this obligation, which derives from the Head of State’s prerogatives, the relevant immunities involved and available institutional review over his orher activities. The study of the sources reveals that the Head of State (at the interface between the domestic and the international legal orders) is bound by a specific obligation, which exceeds the confines of the obligations of either the State or the individual. This obligation is both negative and positive as it requires both not to commit crimes against the population, and to prevent and put an end to such crimes. Its international dimension supplements the missing parts in the Constitutions.The execution of this obligation, by the implementation of the Head of State’s prerogatives, is subject to an increasing political and judicial control. However, this control remains under construction due to a lack of systematic and institutionalized international political responsibility. The thesis concludes that the “responsibility to protect” could be usefully “individualized” and enriched by institutional supervision and judicial review of the Head of State’s obligation to protect
Ther, Géraldine. "La représentation des femmes dans les factums, 1770-1789 : jeux de rôles et de pouvoirs". Thesis, Dijon, 2015. http://www.theses.fr/2015DIJOL024/document.
Texto completoThis survey (PhD) sheds light on women’s status in the French society between 1770 and 1789, through the study of approximately 200 printed judicial briefs or factums. Although they were under men’s control, women could go to court. Wives had to obey their husbands. Nevertheless, they often showed their independence in judicial briefs. Widows could act by themselves, protect their families and influence the wealth distribution between the family members. “Girls” or “never-married women” are rare in judicial briefs, even though they could play important parts. The mother’s authority was recognized in judicial briefs. Other women also played the mother’s part instead of the real mother, e.g. godmothers, grand-mothers, aunts, sisters and wet-nurses. Sisters were not always under their brothers’ control. Judicial briefs interrogate the idea of women’s nature as it was portrayed before the French Revolution. Unlike physicians’ and philosophers’ discourses, they do not support the idea that there should be a specific nature of women
Rauch, Delphine. "Les prud'homies de pêche à l'époque contemporaine (1790-1962) : la permanence d'une institution hybride en Méditerranée française". Thesis, Nice, 2014. http://www.theses.fr/2014NICE0016/document.
Texto completoFishing Prud'homies are communities of ship-owners that were created in France in the Middle Ages on the Mediterranean coast in Provence and were able to survive despite regime changes, while being supervised by the central government. Governed to this day by the decree, only slightly modified, of November 19th 1859 on the police of fishing in the maritime fifth arrondissement in Toulon, prud'homies have an original character. Ambiguous and hybrid institutions, prud'homies form both a professional community and jurisdiction of fishermen. At their head, prud'hommes fishermen, elected by their peers, have under the control of the Maritime Administration a plurality of powers : regulatory, disciplinary, policing and judicial often exorbitant compared to common law and procedures. They know perfectly the fishing areas and perform an economic and ecological regulation of fishing in the Mediterranean sea. As such, they appear as important actors in the protection of maritime areas and the conservation of fishing resources. Their history and status report on their evolution in response to changes in sea fishing. This trend raises questions about the effectiveness of their role in relation to other fishing organisations, both national and European
Roche, Alexis. "Reconnaissance et performance : proposition du concept de reconnaissance activatrice et d'un modèle intégrateur". Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30011/document.
Texto completoRecognition affects every one in a lot of situation. Because it’s semantic complexity, the concept is not easy to clearly define and use it. Miscellaneous branches as : Philosophy, psychology, Sociology, Biology or Anthropology, are wondering by this concept of recognition. This concept is still used more and more by the Management Sciences. This period is marked by development of multiculturalism, the appearance of economic crisis, an increase of impersonal management of the human being and a loss of work sense. So, researchers and practitioners are thinking about the way over to set forth right recognition rules and about the costs created by the defects of recognition at work. Indeed, it becomes a necessity to place Man into the heart of the work and secure a mutual respect between the various actors, hierarchical or not.This research object is emerging in the field of Management Sciences. However, it is the basis of currents events, especially concerning the diversity management and the social responsibility. So, the subject is really at the focal point of moral stakes. Facing the impacts sourced by the depersonalization into the working organizations, more and more people from the bottom to the top of theirs hierarchy are questioning on the social and economic stakes coming from missing recognition and recognition management. This thesis aims at to place in an obvious position the strong links existing between recognition and performance, especially when the organizations want sustainable socioeconomic performances.The first part of the thesis clarify the abstract and methodological bases of these investigations and set out our experimentations fields. The recognition concept is approached under a polysemic and interdisciplinary angle. The justification of the methodology, the exploitation of more than 400 interviews from 12 organizations with the whole employee’s grades and the study of two longitudinal cases testify the robustness of the research work.The second part explain the socially constructed origin of recognition according to the history of each person. It analyzes its perceptive and symbolical aspects. We propose a list of the system of recognition and make an inventory of several transverse factors acting upon the recognition perceptions and their impacts on the feelings of satisfaction and dissatisfaction. At last, we study the influence of three variables : the organization size, the hierarchical level and the business branch, upon the recognition expectations.The third part analyzes two longitudinal cases and establishes links between recognition and performance. We estimate the costs connected to the bad practices in recognition and to the lack of recognition. We categorize two dialectical recognition systems into the organizations and bring results according to these practices. At last, we suggest some possibilities for a recognition enhancement aiming to develop sustainable socioeconomic performances by the elaboration of concept : « activating recognition »
Bouagga, Yasmine. "Humaniser la peine ? : ethnographie du traitement pénal en maison d'arrêt". Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2013. http://tel.archives-ouvertes.fr/tel-00997760.
Texto completoMontoir, Carmen. "Les principes supérieurs du droit pénal des mineurs délinquants". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020028/document.
Texto completoFollowing one decade of continuous reforms of the juvenile offenders penal law and while a global recast of the matter is considered, it appears important to question the superior principles governing it. Despite its original crystallization, starting in 2002, through the original mechanism of fundamental principle recognized by Republic Law, and its protection by some international tools, the autonomy of the juvenile justice is still currently questionable. On the substantial side, juvenile justice is based on principles, recognized as superior, of answer’s adaptation to the educational and moral restoring of the juvenile and sentence mit igation, which appear nearly absolute. On the other hand discernment has not benefited from an explicit consecration of its paramount status. It is even challenged by the age arbitrary criteria despite the fact that this condition is a cardinal preliminary for penal responsibility determination. On the procedural side, notwithstanding their supra-legislative guarantee, specialized jurisdictions so as requirement for appropriate procedures, regularly inflected, seems dedicated to relativity. Constitutional Council, both matter constituent and guarantor, has been very often invited to determine unreachable limits and to protect the unalterable core. Based on this core’ identification and assessment, this work intend to demonstrate that malleability of the form principles of juvenile offender penal law allows by-pass of background principles immutability, governing this one
Ashnan, Almoktar. "Le principe de complémentarité entre la cour pénale internationale et la juridiction pénale nationale". Thesis, Tours, 2015. http://www.theses.fr/2015TOUR1004/document.
Texto completoThe purpose of this research is to analyse the principle of complementarity, to show the specific character of the notion and to study its implementation in the light of the practice of the International criminal court (ICC) in order to highlight the political and legal obstacles. In accordance with Article 1, the Court is complementary to national criminal jurisdictions for crime of genocide, crimes against humanity, war crimes, and crime of aggression. Under this principle, national jurisdictions have priority over ICC but the Court’s jurisdiction takes over when a State lacks the technical or legal means, which are necessary to try and punish the perpetrators of such crimes, or if a rigged trial took place. Therefore, complementarity aims to bring an end to impunity for those responsible for the most serious crimes of international concern. The Rome Statute, namely with the provisions of Article 17, indicates how to implement complementarity according to the criteria for admissibility which are inability, unwillingness and seriousness. Articles 18 and 19, for their part, provide the mechanism of preliminary ruling regarding admissibility and challenge. Furthermore, the role of the Security Council regarding complementarity is also considered as essential to understand the effectiveness and the legal impact of this Court. Powers which are conferred under the Rome Statute and chapter VII of the United Nations Charter allow the Security Council to refer a situation to the ICC, to suspend an ICC investigation, to require States to cooperate with the ICC, or to qualify a crime as aggression, and this despite the fact that the independence of the investigation and of the trial is the backbone of criminal justice ensuring it is efficient
Grivet, Simon. "Tuer sans remords : une histoire de la peine de mort en Californie de la fin du XIXe siècle à nos jours". Phd thesis, Ecole des Hautes Etudes en Sciences Sociales (EHESS), 2011. http://tel.archives-ouvertes.fr/tel-00628649.
Texto completoBoutouila, Nawal. "La condition juridique des personnes privées de liberté du fait d'une décision administrative". Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D007.
Texto completoBy taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty
Lelong, Corentin. "Réfugiés climatiques : statut et traitement". Thèse, 2011. http://hdl.handle.net/1866/5505.
Texto completoCurrent works on the forced migration area does not reveal the magnitude of the philosophical and moral issues raised by the appearance of climate refugees on the international scene . Yet it is urgent to provide protection to them through international agreements. Philosophers who have studied the subject have been misled by both the multiplicity of terms and the lack of definitions. This work criticizes the current trend set by environmental activists who want to include people with various issues under the term of refugee. Trivializing the term of refugee is not only misleading but also dangerous. Eventually, the activists will turn to the Geneva Convention to demand that displaced populations be treated as refugees. But the Geneva Convention is not an appropriate tool to address the plight of these people. Moreover, we can not extend the status of refugees to include those people without losing the credibility and efficiency. Following the path taken by activists would lead us to give equal treatment to climate refugees and political refugees, which is a mistake. Our hypothesis is that the inhabitants of small island countries, in contrast to other populations require a broadening of the Geneva Convention. We shall argue that we have duties and responsibilities to them that we do not have to political refugees. To defend this view, we must clearly define what a climate refugee is and justify this term. We must therefore confront the notion of climate refugee to other competing concepts. Once the terms are defined, we will consider the ethical issues through the prism of global justice issues. We will see that it is not enough to refer to causal responsibility to determine the members who should address the plight of climate refugees. This will lead us to argue that although attractive, the polluter pays principle is not an appropriate tool to guide our reflection. We will also be led to question the relevance of a global environmental institution.
Makasso, Davy Ludewic. "Justice pénale internationale : la lutte contre l’impunité en tant qu’impératif moral". Thèse, 2019. http://hdl.handle.net/1866/23606.
Texto completoThe fight against impunity as conducted by the International Criminal Court is criticized and controversial. The actions of the international criminal institution are perceived by its critics as renewing forms of racism, ethnocentrism, imperialism, neocolonialism, authoritarianism that fundamentally corrupt the aspiration to justice. Paradoxically, the need for international criminal justice is understood as an imperative of peace and justice. This research examines the justifications for such a moral imperative. It starts from the assumption that it is categorical and comes from an ethical approach to ethics. The justifications for such an assumption rest analysis of the different historical contexts that have seen the affirmation or re-affirmation of a categorical rejection of crimes of inhumanity (Article 5 of the Rome Statute of the International Criminal Court: the crime of genocide, crimes against humanity, war crimes, crimes of aggression). These condemnations laid the foundations for an ethic of universal significance and recognized humanity as a universal moral community. Thus, despite moral and ethical particularisms, the philosophical foundations of the fight against impunity is based on a moral universalism and the regulating idea of an ethical contract linking the community of states and peoples. It is about being and making humanity. Therefore, in spite of; realistic theories of international relations suggesting both the amorality of inter-state relations, prudential motivations and instrumental rationality (morality of interest), despite the culturalist perspectives that testify to moral and ethical pluralism, we want to show that the fight against impunity is above all an universalizable moral duty (based on the principle of dignity) of a deontological nature (even if this struggle also implies consequentialist considerations). Given the complexity of this issue, our research will be transdisciplinary; and our approach combines inductivism and deductivism.
Guérilus, Fanfan. "L'indépendance du procureur de la cour pénale internationale dans l'exercice de l'opportunité des poursuites". Mémoire, 2010. http://www.archipel.uqam.ca/3661/1/M11642.pdf.
Texto completoMocková, Eliška. "Oběti nejtěžších zločinů: Role obětí před Mezinárodním trestním soudem". Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-380252.
Texto completoPaniagua, Humeres Roxana. ""Nous voulons être visibles" : l'importance du problème de la reconnaissance des autochtones pour la viabilité de l'État bolivien". Thèse, 2013. http://www.archipel.uqam.ca/5510/1/D2529.pdf.
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