Tesis sobre el tema "Utilisation des biens publics"
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Le, Guay Clothilde. "Les contrats domaniaux : contribution à l'étude de la location des biens publics". Electronic Thesis or Diss., Bordeaux, 2024. http://www.theses.fr/2024BORD0135.
Texto completoThis thesis suggests to simplify and modernize the legal framework governing the use of public land by consolidating the variety of occupation acts into a common contractual regime, termed « contrats domaniaux ». These are defined as lease agreements for public properties. Based on the property right of public owners, they cover all public assets, whether incorporated into the public or private domain, and establish a set of obligations between public landlords and tenants. These contracts are, in effect, true leases granting the co-contractor an exclusive right to enjoy a public property for a specified period in return for a fee. However, they remain subject to special rules due to the public appropriation of the leased property. The thesis presents a typology of domain contracts based on their purposes: residential, economic exploitation, and construction. Under the influence of public asset valorization policies, their legal status is harmonizing, and the rights of occupants are evolving. Occupants have a « rental property right », as they derive their right from their contract, defined and limited by its terms. To further this harmonization and simplify the management of public assets, the thesis suggests that legislation be passed to unify the legal framework of public leases
Devillers, Hugo. "L'utilisation du bien d'autrui par une personne publique. Recherche sur le statut de personne publique locataire". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3039.
Texto completoPublic entities do not own all the goods they use. They often rent or borrow the assets necessary for the performance of their missions. The use of the property of others is no longer considered as the default solution that it was for a long time. To this end, public entities opt for multiple legal processes. Holders of the capacity to contract, they conclude civil or commercial leases, loans or conventional usufruct. They may also use public law procedures, such as public supply contracts or partnership contracts. Finally, some non-conventional mechanisms also allow this disconnection between use and ownership. By virtue of a particularly exorbitant prerogative of public power, the administration is empowered to unilaterally capture a right of use in the patrimony of others, for example, by its power of requisition. The unique ability of the administration to play thus on several tables is the mark of its irreducible specificity.The use of the property of others by a public person is in principle the support of a mission or task of general interest. For this reason, its execution must respect the requirements of public action, a set of principles and legal requirements which imply that administrative activities must be carried out efficiently and without interruption, using appropriate and appropriate means financial conditions. In this respect, the use of the property of others presents assets whose exercise of the right of ownership is devoid, at least in two circumstances. Short-term needs, whether they are punctual or discontinuous, are better satisfied by renting, using loans, or requisitioning than by acquiring property. The same remark applies, with some nuances, to the satisfaction of the complex needs of the administration. But the difficult adaptation to changing needs and the precariousness that characterizes a large number of these legal techniques presents the risk of a certain loss of control, which can undermine continuity, mutability, "quality" and Performance "of the public service to which the leased asset is assigned. Consequently, public law is called upon to react. A unified legal regime could be applied to all property used by the administration, whatever its owner, in the context of the implementation of a public service activity. These rules would aim at making the use inviolable, apart from the legal instrument on which the exercise of the right of use or enjoyment by the public person is based
Rayna, Thierry. "Les biens numériques comme biens publics durables". Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32016.
Texto completoThe last decade has seen the advent and growth of two strongly linked phenomena which have led to important changes in the worldwide economy. The first is the development of the digital economy, based on the digitalisation of previously existing goods and on the development of new purely digital goods. The second is the development and generalisation of consumer piracy. The link between these two phenomena is clear, since nowadays consumer piracy is almost entirely related to digital goods. Since the issues of digital goods and piracy cannot be dissociated, this thesis has a dual objective. The first aim is to investigate the nature of digital goods and the impact of this nature on the economy. The second aim is to understand the cause of consumer piracy and the effect of piracy on the economy. It is shown that the digital nature of digital goods gives them the following economic characteristics: they are public goods, durable goods and experience goods. It is also be demonstrated that consumer piracy is a direct result of the public characteristic of digital goods and that, as such, piracy is also an economic characteristic of digital goods. The goal is, then, to analyse how the decisions of the economic agents – consumers, firms and governments – are affected by the different economic characteristics (including piracy) of digital goods and how these decisions may, in turn, change these characteristics
Tarlet, Fanny. "Les biens publics mobiliers". Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30068.
Texto completoMovable public property shall be understood as the set of personal property placed in a patrimonial legal relationship with public entities. These goods are characterized by their mobility (such as movable private property), that is to say an ability to circulate, physically and legally, a flexibility and fragility medium, favouring the dissociation of their utilities. But the central question remains whether public ownership is still a relevant instrument for understanding this mobility. It turns out that public ownership, when called upon, potentially exerts an effective force of attraction on all movable public property; thus it allows slowing down their circulation. However, once the good’s ownership has been claimed, public property law is not sufficient to monitor the integrity of movable public property. It doesn’t stem their natural crumbling and evaporation. It is even challenged by other legal relationships which, by dissociation of goods’ utilities, and by unbinding ownership and use, lead to question its relevance
Beckerich, Christophe. "Biens publics et valorisation immobilière". Lyon 2, 2000. http://theses.univ-lyon2.fr/documents/lyon2/2000/beckerich_c.
Texto completoBeckerich, Christophe Bonnafous Alain. "Biens publics et valorisation immobilière". [S.l.] : [s.n.], 2000. http://demeter.univ-lyon2.fr/sdx/theses/lyon2/2000/beckerich_c.
Texto completoPlateaux, Wistan. "La cession des biens publics". Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090017.
Texto completoEven though the disposal of publicly-owned assets is occurring more and more frequently, these activities remain doctrinally unclear. The discrepancy between the theory and practice of such disposals can be explained by their uncertain position between public law and private law. Consequently, when considering such disposals, attention is paid to their classification and the exercise of judgement which goes beyond the traditional distinction between public and private domains in favour of the application of a single principle of public ownership. This concept has as consequence the modernization of administrative property law in the context of public ownership with an emphasis on the criteria of institutional law. It also has the advantage of being put into practice immediately without intervention from the legislature. However, this model will only be sustainable if it can maintain a balance between the prerogative of the administration-owners and the continuity of public services. To maintain this legacy, the constitutional basis of the law of publicly-owned assets must be confirmed explicitly
Masson, Romain. "La valorisation des biens publics". Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100094.
Texto completoThis research aims to identify and define the concept of valorization applied to public properties based on its double foundation, the right to property and the proper use of public funds. This concept is based on two components, exploitation and disposal, which highlight the multiple forms of valorization : economic, social, environmental. These valorisation events renew the analysis in order to better understand the stake of the reform of the law of the public properties, the way in which the valorization has influenced this right and the evolutions to come. Thus, the approximation of state regimes has made it possible to soften and modernize valorization tools and the legal principles governing the public domain. This rapprochement should lead to a unification of jurisdiction for the benefit of the administrative judge. In addition, under the impetus of the valorization, new obligations are imposed on the public owners : competition of the public occupations, inventory of the properties, valorization of the future
Chamard, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics /". Paris : Dalloz, 2004. http://catalogue.bnf.fr/ark:/12148/cb39146540p.
Texto completoChamard-Heim, Caroline. "La distinction des biens publics et des biens privés : contribution à la définition de la notion de biens publics". Lyon 3, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098903.
Texto completoThebault, Déborah. "Les biens publics en droit anglais". Thesis, Université Paris Cité, 2019. http://www.theses.fr/2019UNIP5034.
Texto completoAgainst the backdrop of French public law with its separate administrative and ordinary courts, French lawyers often assume that English law does not have a system of public law. This is inaccurate. This thesis aims to demonstrate the existence of a substantive public law in the English legal system. It does so by identifying a number of public assets. Substantive public law should be distinguished from judicial review, which is not substantive but procedural public law. The substance of English public law lies in a multitude of rules that deviate from the rest of the legal system. These rules are found not only in common law and equity, but also in statute and in delegated legislation. From the analysis of these derogative rules, it appears that public assets enjoy privileged legal treatment. This is triggered either by the "publicness" of the asset, such as the Crown or the public itself, or by the pursuit of the public interest, regardless of the public nature of the owner. My research reveals two sets of substantive public law rules applying to public assets. The first comprise adverse possession when applied to Crown lands and town or village greens. The second set encompasses charities, and assets owned by privatised services
Abdelfattah, Eddahbi. "Les biens publics en droit administratif marocain". Bordeaux 1, 1985. http://www.theses.fr/1985BOR1D009.
Texto completoGrenier, Anne. "Quelques extensions à la théorie des biens publics". Mémoire, Université de Sherbrooke, 1986. http://hdl.handle.net/11143/8271.
Texto completoMarchetti, Nicolas. "La localisation des biens publics générateurs de nuisances". Montpellier 1, 2003. http://www.theses.fr/2003MON10046.
Texto completoXiao, Liping. "Biens publics, groupes d'intérêt, mobilité et système politique". Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10015.
Texto completoThis thesis surveys the impacts of lobbies, information, individual mobility upon public goods respectively. We divide the materiel into three parts. First of all, we analyze the effects of lobbies on the comparative advantage of a centralized system, a federal system or a decentralized system in a model of public-goods provisions where two regions, components of a country, differ in terms of preference of their residents for public goods and externalities between local public goods exist. We thus find an exogenous lobby or endogenous lobbies shrink the advantage of a centralized system compared to a federal system and that of a federal system compared to a decentralized system in terms of social welfare of a country, but it does not necessarily change the system a region has a better net wellness in between a federal system and a decentralized system. Then, we examine the attitudes of jurisdictions facing up to the possibility of becoming a member of a federal union when the decision-maker of the union's public goods does not know exactly the preference of the individuals in the candidate jurisdiction for public goods. In this part, we show that a region of which residents have a higher preference for public goods holds up more easily the entry of its country into the union as the residents prefer a higher public good, and a weak preference of the residents of the union encourages the candidate's entry since the residents of the union contribute for those of the entrant country. Interestingly, a more precise belief of the union's policy decision-maker over the average preference of the candidate country's residents for public goods economizes the entrant country's lobbying expenses, so encourages its entry. Finally, we consider a model of police-induced migration between two independent regions with a heterogeneous population in terms of preference for public goods and migration costs. Then, we deal with a problem of equilibrium existence. We argue that there is a stable and single equilibrium when costs of migration are sufficiently dispersed among individuals or externalities are very important. In that case, mobility of individuals is Pareto-improving targeting the ethnic majority's utility of each region. In particular, mobility does not lead necessarily to more accommodate local policies in case of independence because of externalities and a quadratic function of public goods cost
Dragicevic, Arnaud. "Mécanismes de Marché et Évaluation des Biens Publics Environnementaux". Phd thesis, Ecole Polytechnique X, 2009. http://tel.archives-ouvertes.fr/tel-00630027.
Texto completoOrlandini, Jean Philippe. "La dénaturation des critères du domaine public". Thesis, Toulouse 1, 2018. http://www.theses.fr/2018TOU10038.
Texto completoPublic domain is a central notion of public ownership. Because of the protective function that stems from its system, it has always focused the attention of both doctrine and the legislator. Along with “private domain”, public domain is one of the two subsets of state property. This duality was confirmed in 2006 by the general code on public property. Far from ending the debate, the coming into effect of the code highlights the fragility of the criteria identifying the public domain. Comparing applicable norms to the state of doctrine shows that implementing the criteria of identification of property and commissioning is not easy. These difficulties are consubstantial to the notion. Nevertheless, the necessity of creating economic value that transcends the whole matter, further accentuates their denaturation. Far from challenging the criteria and categories that result from it, the study leads to a renewed reading of the property relations exerted over this domain. Seen from a value perspective, the public domain should be viewed as a sum of utilities. Abandoning an exclusive conception of property law thus makes it possible to restore coherence to identifying the notion
Dubé, Alexandre. "Les biens publics. Culture politique de la Louisiane française 1730 - 1770". Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86683.
Texto completoBeginning with an interrogation on the nature of the sources which made such constructs possible, then as now, this dissertation then moves towards a study of the ways in which administrators of a French colony could define simultaneously the conditions of their obedience to the King's will, as well as their beliefs in a Common Good. These conditions could not, however, be divorced from the specific context of the Mississippi Valley. There, the old practices of the Company of the Indies left the King (or the State) in a position where it was felt required to intervene, albeit reluctantly, in the commercial realm. Through these aggregated actions which made the King a regulator, a trader, or a retailer, the State became an important issue of Louisiana's political life. Therefore, this dissertation nuances recent interpretations which purported to make a certain rejection of the State, an inherent characteristic of French Louisiana.
Louisiana's political life, as described, was one that could pretend to include few actors. Yet it required at the very least spectators, and nurtured in turn reflections upon the nature and exercise of authority. In so doing, the Affaire de la Louisiane necessarily asks the question of distance and similarities. By exploring the notion of interest as the driving force behind action, colonial administrators - and some ordinary colonial "thinkers" - could devise ways in which frontiers and limits could be drawn to a kind of authority which seemed, in the end, uncomfortably close to the pretensions of the French absolute monarchy.
Cette thèse se veut une exploration de la façon dont peuvent se constituer des objets politiques sous l'Ancien Régime - un Ancien Régime français ou atlantique. En suivant un scandale colonial précis, l'Affaire de la Louisiane, il nous est possible de retracer les circuits qui définissent l'État, passant insensiblement des récits et des affrontements aux questions bassement matérielles ou hautement idéales.
Débutant par une interrogation sur la nature des sources qui permettent la construction de cet objet d'étude, tant hier qu'aujourd'hui, cette thèse poursuit ensuite une enquête sur les façons dont les administrateurs d'une colonie française ont pu construire à la fois les conditions de leur obéissance au monarque ou de leur adhésion au bien public. Ces considérations ne pouvaient cependant s'élaborer hors du cadre particulier de la vallée du Mississipi, où l'héritage de la Compagnie des Indes et les leçons de l'expérience canadienne ont entraîné le Roi (ou l'État) à jouer un rôle, non seulement de régulateur, mais encore de négociant et de distributeur dans le commerce colonial. En agissant ainsi, la circulation des marchandises et leur contrôle deviennent des enjeux importants de la vie politique louisianaise. Cette thèse nuance ainsi quelque peu les interprétations récentes qui font du « rejet d'État » l'une des caractéristiques fondamentales de la société mississipienne.
La vie politique louisianaise ainsi décrite en est une qui certes, prétend toucher peu d'acteurs, mais nécessite tout de même des spectateurs, de même qu'une réflexion sur les conditions d'exercice de l'autorité. Ce faisant, l'Affaire de la Louisiane pose la nécessaire question de la distance et de la similitude. En s'interrogeant sur la nature de l'intérêt, moteur de l'action des hommes, les administrateurs coloniaux - et quelques penseurs « ordinaires » ont souhaité introduire des bornes locales, administratives, à une autorité qui finalement s'avérait proche, trop proche, des prétentions de la monarchie absolue française.
Muxart, Anne. "La restitution internationale des biens publics détournés par d'anciens chefs d'Etat". Paris 1, 2002. http://www.theses.fr/2002PA010300.
Texto completoCassette, Aurélie. "Concurrence fiscale, offre de biens et services publics et intégration européenne". Lille 1, 2007. https://pepite-depot.univ-lille.fr/LIBRE/Th_Num/2007/50374-2007-Cassette.pdf.
Texto completoBarkat, Karim. "Les biens publics internationaux ou mondiaux : un nouveau paradigme de l'aide ?" Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32053.
Texto completoThe objective of the present work is to present a renewed perspective for the study of Official Development Assistance (ODA) through the new concept of “International and Global Public Goods” (IGPG). International assistance should no longer be solely based on the “charitable” and/or “self-interested” behaviour of the North, but should be motivated by the collective realisation that such assistance preserves the common interests of all States. To this effect, the present work seeks to demonstrate that the IGPG concept sheds a new light on our understanding of ODA leading to a larger conceptualisation of international cooperation, where supplying such public goods becomes a fundamental stake for development
Colard-Fabregoule, Catherine. "Essai d'une théorie générale sur les successions d'états en matière de biens publics". Paris 1, 1999. http://www.theses.fr/1999PA010265.
Texto completoKhalifa, Najib. "Les effets de débordement des biens publics locaux : modéles théoriques et tests empiriques". Montpellier 1, 1995. http://www.theses.fr/1995MON10019.
Texto completoThe supply of local public goods and services by a central city of an agglomeration is non-optimal if a part of the benefits from these goods and services goes to the suburbs without financial contribution in return. This phenomena is called in the litterature "querelle de la centralite" (suburban central cities exploitation) this work has two objectives, the first one is to explore theoretically the origin of this thesis and to expose the lessons on the ways to solve this problem. The second one is to test its validity in the french case and to point out the effects of this exploitation on the residents of central cities
Ledain, Denis. "Constitution et Convention européenne des droits de l'homme et droit des biens publics". Pau, 2009. http://www.theses.fr/2009PAUU2012.
Texto completoThis thesis compares Constitution and ECHR rules about public possessions. Il deals with issues like property right, dispossessions, nationalisations. It appears in fine that ECHR impacts much more public possessions law than Constitution. But this influence doesn't mean that national law is threatened by european rules. Indeed, the european court of human right leaves a large freedom to public administrations in this matter
Papatheodorou, Thémistoklis A. "La protection juridictionnelle des droits incorporels patrimoniaux dans les droits publics français et grec". Paris 2, 2010. http://www.theses.fr/2010PA020004.
Texto completoChrétien, Patrice. "La distinction des domaines comme forme symbolique : recherches relatives au droit des biens publics". Paris 1, 1990. http://www.theses.fr/1990PA010265.
Texto completoChouquet, Marine. "Le domaine privé des personnes publiques : contribution a l’étude du droit des biens publics". Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40050.
Texto completoThe private domain of public entities, which is the ensemble of public possessions inopposition to the public domain, is facing a deep mutation. Criterias of definition of private domain are changing, which leads to the insertion of new elements in this legal field and to a redifining of its role in public properties classification. The private domain can not be perceived anymore as an heritage that the administration uses in a private capacity. It undeniably has a role for the general interest by granting incomes to its owners or by giving them supports to achieve their assignements. The growing number of hypothesis where assets of the private field are used to non-financial aims lead us to suggest a scale of public interests these usages can lead to. This scale is aimed to reconcile a profit-driven approach with public action other objectives. This is shown by the definition of the system of private domain, which gives much importance to the fonction of preserving the economic value of a public asset while opening up to a logic of protection of its public interests fonctions which are supported by its assets. The mutation of the definition of the private domain draws a new legal system by joining the search for an economic exploitation of public assets with its protection imperatives where the definition of the public domain fails. We can consider to extend this new legal system to the field of public domain to try to counter the crisis it isfacing
Lataste, François Gaël. "Place et enjeux des biens publics dans la Politique agricole commune : les apports d'une lecture institutionnaliste". Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOE005/document.
Texto completoDuring the debates about the future common agricultural policy for the 2014-2020 period, we noticed an increasingly use of the concept of public good in order to justify the continuation of this policy in a context of deregulation and economic liberalization.Drawing on an original theoretical framework that built at the crossroads of the French rural economy, of the former U.S. institutional economics and of the theory of regulation, this thesis proposes to examine the role played by the notion of public good dealing with a new agreement between the different actors and interests involved in the CAP debate.The first chapter of this thesis offers a state of the art of the concept of public good in economics and highlights the notion that finally appears somewhat stabilize in this area. In line with this first result, we propose to stabilize this concept for the rest of our argument by relying on a broader political economy framework of analysis.In the second chapter, we examine the origins of this notion in the European debates about the CAP, its interpretation by the European commission and its relationship with the concept of agricultural multifunctionality previously mobilized in these debates.Finally, we highlight through the last chapter , the existence of different interpretation of the concept of public good by some Member States and regions studied, linked with the interests defended by key stakeholder groups involved in the regional and national debates about the future CAP
Tournay, Virginie. "Produire des biens médicaux : contribution pragmatique à une sociologie de l'action publique : des topographies médicales aux thérapies cellulaires : des enquêtes administratives pour fabriquer des biens publics médicaux". Paris 1, 2005. http://www.theses.fr/2005PA010259.
Texto completoGbagbeu, Vramah Serge Marius. "Analyse des facteurs explicatifs du commerce international de biens environnementaux : Utilisation de modèles de gravité". Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29719/29719.pdf.
Texto completoThe main objective of the present study is to analyze the determiners of the trade of goods generally and the environmental goods in particular from the models of gravity of type CES and Translog inspired by the works of Novy (2012). Our results of estimation from these two models allow to say on one hand that the impact of the explanatory variables is more important on the flow of trade when we use the model Translog but this impact is not uniform and on the other hand that this impact is more important on the trade of the environmental goods to compared with the flow of the exchanges of all the goods in a general way. Finally, the value of the coefficients of regression so that of the elasticity cost of the trade from the model Translog are in the neighborhood of the results of the empirical studies which served as reference frame.
Dreveau, Camille. "L'affectation de l'immeuble : étude de droit des biens et de droit des contrats". Nantes, 2008. http://www.theses.fr/2008NANT4019.
Texto completoIn 1804, when the Civil Code was first drafted, real property was solely defined by its immovable nature, as defined by the law. Indeed, if a good was granted the qualification of "immovable", this qualification commanded the application of certain rules. But during the twentieth century, an additional qualification criterion is superposed to legal nature. Now, in property law as well as in contract law, real property is also defined by its purpose which are real property for residential purposes on the one hand real property for commercial purposes, real property for professional purposes and real property for rural purposes. The purpose becomes the paramount criterion that dictates the application of specific bodies of rules. Real property for residential purposes is used for housing, while real property reserved for economic purposes supports a business. Within the category of real property for economic purposes, real property for rural purposes is unique because it is also an instrument of agricultural policy. The various purposes of real property will justify the application of specific bodies of rules governing immovables, thus transforming real property into a specific good. The needs that real property satisfies are shown to be crucial for the elaboration of specific rules that constitute today the ordinary law governing real property for residential purposes and for rural purposes. However, the ordinary law that should govern real property for economic purposes still remains to be created. The study of real property's different purposes will highlight the convergence between property law and contract law. Finally, this study will demonstrate the specificity of operating leases, and the need to establish a suitable body of governing mies
Mesplé-Somps, Sandrine. "Biens publics de production et équilibre général : e analyse de chocs de dépenses publiques en économie ouverte sous ajustement". Paris 1, 1995. http://www.theses.fr/1995PA010068.
Texto completoThe aim of the thesis is to examine how the macroeconomics models of stabilization are modified when public expenditures are supposed to be public intermediate goods. The existence of a general equilibrium and the haberler and rybczynski theorems are verified in a Ricaro-Viner-Jones model with a public intermediate good. This first investigation allows to analyze the impacts of public expenditures variations within the framework of the model of a dependent economy. We show that the standard conclusions of this model are not robust. The findings of the monetary approach of the balance of payments are also modified. The indirect impacts of public expenditures variations are more complex when the hypothesis of unemployment is introduced. This analysis allows to understand better the impacts of the international aid and to improves the Harris-Todaro model
Chen, Tianhao. "Le droit des marchés publics en France et en Chine dans le contexte de la globalisation : entre libéralisation et utilisation stratégique des marchés publics". Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0698/document.
Texto completoIn the contemporary era, whether in China or in France, government procurement isincreasingly employed in strategic use in order to pursue numerous policy-based objectives. However,this mode of policy-based utilization would be inevitably in conflict with the liberal logic inherent tothe system of government procurement which is not only present in the financial logic of traditionalliberal systems but also used to establish a government procurement system open to globalcompetition. Thus, how to balance the conflict between liberalization and policy orientation in thefield of government procurement is a crucial problem which should be solved in global governmentprocurement norms. However, on the one hand, with the process of legal globalization, Chinese andFrench government procurement systems are largely homogeneous in terms of liberalization andpolicy orientation. On the other hand, the methods they use to balance the conflict betweenliberalization and policy orientation remain different. At the same time, because of the specificity ofthe Chinese judicial system, the Chinese equilibrium methods have their own legitimacy. In the currentcircumstance, it is impossible for the Chinese public authorities to abandon their own equilibriummethods to seek convergence with the French equilibrium methods
Baranyanka, Philibert y Philibert Baranyanka. "La problématique des brevets et de l'accès aux médicaments dans les pays en développement par l'approche des biens publics mondiaux". Doctoral thesis, Université Laval, 2015. http://hdl.handle.net/20.500.11794/26100.
Texto completoLe problème posé par les brevets dans le secteur de la santé, notamment dans l’accès aux nouveaux médicaments par les populations à faibles revenus des pays en développement, s’est posé après l’entrée en vigueur de l’Accord sur les ADPIC, dans la foulée de la création de l’OMC, en janvier 1995. Bien que cette question soit connue et documentée, les solutions proposées n’ont pas permis de la résoudre. Cette thèse soutient que l’approche adoptée jusqu’ici qui est essentiellement fondée sur l’idée d’aide publique au développement ou sur des considérations éthiques n’est pas appropriée pour y apporter une réponse adéquate et efficace. Elle propose donc de changer de paradigme et d’analyser la question sous une autre approche, celle des biens publics mondiaux. En partant de la définition et des caractéristiques de ce concept, elle montre que les données brevetées rentrent dans cette catégorie de biens. À partir de cette conclusion, elle suggère que la résolution de ce problème passe par le financement des brevets et de la recherche médicale par des fonds publics internationaux. Ainsi, les brevets portant sur les inventions les plus innovants seraient rachetés par un mécanisme international institué à cette fin et dont les ressources proviendraient de la participation de tous, comme pour les biens publics nationaux. Cette proposition s’appuie sur des précédents. En effet, bien qu’il soit encore à ses débuts, le financement international des biens publics mondiaux est un mécanisme qui se met en place et semble convaincre les pays, notamment dans le domaine de l’environnement, de la nécessité de gérer collectivement le problème du réchauffement climatique. Avec l’internationalisation de plus en plus croissante des épidémies dans le sillage de la circulation mondialisée des biens et des personnes, la lutte internationalisée contre ces épidémies se présente aussi comme un impératif parce que la communauté de la menace est évidente. Cependant, l’opérationnalisation de cette lutte est confrontée à certaines difficultés, étant donné qu’il n’existe pas d’autorité supranationale pour assurer la participation de tous à cet effort. Comme sur le plan interne, ce sont ces problèmes de gestion de l’action collective que l’humanité doit contrôler dans le but de répondre efficacement aux défis auxquels elle doit faire face. Mots clés : accès aux médicaments, brevets, biens publics mondiaux, Accord sur les ADPIC, fonds internationaux, licences obligatoires, pays en développement.
The problem posed by patents in the healthcare sector, in particular in the access to new medicine by the low-income populations of developing countries, has arose after the coming into force of the TRIPS Agreement, following the creation of the WTO in january 1995. Although the question is known and documented, the proposed solutions did not allow solving it. This thesis supports that the approach adopted up to here which is essentially based on the idea of public aid in the development or on the ethical considerations is not adequate. It thus suggests changing paradigm and analyzing the question under another approach, that of the concept of the global public goods. After analyzing the definition and the characteristics of this concept, the thesis concludes that the patented data go into this category of the global public goods. From this conclusion, it suggests that the resolution of this problem passes by the financing of these world public goods by international public money. So, patents concerning the most innovative inventions would be acquired by an international mechanism established to this end and the resources of which would come from the participation of all, as for the national public goods. Although it is still in its early stages, the international financing of the global public goods is a mechanism which is set up, in particular in the field of the environment to manage collectively the problem of the global warming. With the more and more increasing internationalization of the epidemics in the trail of the globalized flows of goods and people, the common fight against these epidemics appears from now as an obvious fact. However, the implementation of this fight is confronted with certain difficulties, given that there is no supranational authority to assure the participation of all in this effort. As on the internal plan, it is these problems of the collective action that the humanity has to control in order to manage effectively the challenges which it has to face. Key words: Access to medicine, patents, world public goods, TRIPS Agreement, international funds, the compulsory licenses, developing countries.
The problem posed by patents in the healthcare sector, in particular in the access to new medicine by the low-income populations of developing countries, has arose after the coming into force of the TRIPS Agreement, following the creation of the WTO in january 1995. Although the question is known and documented, the proposed solutions did not allow solving it. This thesis supports that the approach adopted up to here which is essentially based on the idea of public aid in the development or on the ethical considerations is not adequate. It thus suggests changing paradigm and analyzing the question under another approach, that of the concept of the global public goods. After analyzing the definition and the characteristics of this concept, the thesis concludes that the patented data go into this category of the global public goods. From this conclusion, it suggests that the resolution of this problem passes by the financing of these world public goods by international public money. So, patents concerning the most innovative inventions would be acquired by an international mechanism established to this end and the resources of which would come from the participation of all, as for the national public goods. Although it is still in its early stages, the international financing of the global public goods is a mechanism which is set up, in particular in the field of the environment to manage collectively the problem of the global warming. With the more and more increasing internationalization of the epidemics in the trail of the globalized flows of goods and people, the common fight against these epidemics appears from now as an obvious fact. However, the implementation of this fight is confronted with certain difficulties, given that there is no supranational authority to assure the participation of all in this effort. As on the internal plan, it is these problems of the collective action that the humanity has to control in order to manage effectively the challenges which it has to face. Key words: Access to medicine, patents, world public goods, TRIPS Agreement, international funds, the compulsory licenses, developing countries.
Meersman, Jimmy. "Contribution à une théorie juridique des biens communs". Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0042.
Texto completoThere are few areas - environmental, cultural, social, or even economic - that are not examined through the prism of the commons. This new interest in the commons can be explained by the significant evolution of the 21st century society, which questions the right of ownership. However, the analysis shows that, whatever the period, the modern model of property rights - public or private - is always characterized by the exclusive control of the property by its owner. In the current context of social change, this model has its limits and appears inadequate for certain needs.At the same time, the debate on the commons has gained momentum. For some academics, the commons appear to be able to provide a response to the inadequacy of the right of ownership, within the framework of a necessary legal evolution. The commons are the subject of debate in academic circles, but are still ignored by French law and are not subject to any legal definition. However, they are addressed by the law of certain foreign states. They are also addressed by many disciplines, first and foremost economics. The thinking of Elinor Ostrom, winner of the Nobel Prize in Economics for her work on the subject, is fundamental. Because of these particularities, a specific research methodology has been set up, combining conceptualism and empiricism.A legal theory of the commons was thus proposed. What characterizes the commons is their allocation - to the production, preservation, and distribution of collective utilities - within the framework of collective governance. This allocation conditions the appliable law, of a new kind, and confers rights and obligations other than the traditional ones. In this respect, the commons constitute a new legal category
Auda, Elodie. "La mise à disposition d’immeubles de l’Etat au profit des universités. Etude critique d’un système de gestion de biens publics décentralisé". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0015.
Texto completoThe putting at disposal is a legal system enabling French State to authorize some of his institutions to use his immovable properties for general interest. This system permits to share rights and obligations of the proprietor concerning his possessions. It can be applied indifferently to public or private estate of the State by using procedures of allocation, transfers of endowments or covenants for use and it represents a dispensatory way of administration of public propriety and domain. The putting at disposal is an accessory of functional decentralizing and tightly linked to the administration by the State. In estate matter it transcribes decentralizing logic and aims to balance between patrimonial dependence and autonomy of national public institutions face to their administrative supervision. This system reveals its originality in the decentralizing of the public service of university education and research. As well as functional decentralizing did rationalize the institutional relationship, very complex for centuries, between State and universities the putting at disposal tries to balance patrimonial links which have always been convoluted. It confers to universities a part of rights and obligations incumbent to proprietor concerning national estate but grants them some autonomy in administrating this property. But the universities are still dependant on the State who, regarding the low resources of these institutions, remains proprietor of the major part of estates dedicated to university public service. Our critical analysis of the system of putting at disposal, its mode of enforcement and its evolutions aims to deliver an innovating approach of the relationship between universities and State which is characterized by the link of dependence/autonomy. For institutional concern today everybody agrees that universities’ autonomy towards the State is necessary in order to individualize, modernize and energize the public service of university education and research. But there is uncertainty regarding the estate problem. The purpose of a critical study of putting at disposal so consists in evaluating the degree of balance between the notions of dependence and autonomy attempted or eventually feasible and its consequences on the patrimonial relationship between State and universities. Now, in this context, the efficiency of the system can be contested. Founded on a minimalist theory it gives free rein in practice to a vast number of interpretations, circumventions and even misappropriations which lead to a fluctuant estate administration and a misbalanced patrimonial relationship. Despite reforms its implementation does not fit with the recent logic evolutions of the administration of public estate. In fact the budgetary crisis implies questioning about public administration and ownership of public domain dating from the end of the 19th century. The putting at disposal reveals to be a complex legal implement. It is marked at once by the stakes of modern administration of public estate, by the specificity of the dispensatory law which reigns in this matter as well as by contemporary debates about university statutes, the way of organizing the public service and new means of public organization in the context of French administration
Dragicevic, Arnaud. "Market Mechanisms and Valuation of Environmental Public Goods". Phd thesis, Palaiseau, Ecole polytechnique, 2009. http://pastel.archives-ouvertes.fr/pastel-00005650/en/.
Texto completoBlanchard, Hervé. "Justice et biens publics locaux : une comparaison de théories universalistes de la justice sociale sous l'angle de l'offre d'un bien public local". Montpellier 1, 1998. http://www.theses.fr/1998MON10007.
Texto completoCaylet, Sylvain. "L’ouvrage externalisé : contribution à l’étude du droit des biens impliqués dans le commerce juridique des personnes publiques". Electronic Thesis or Diss., Toulouse 1, 2017. http://www.theses.fr/2017TOU10042.
Texto completoThe notion of "ouvrage externalisé" doesn’t exist in French law. Propose in the present study to introduce a concept designated by this syntagm responds to a need. This last resides in a better knowledge of legal rules which apply to immovable and worked goods whose the juridical control is shared between a public entity and one or several entities so that these goods are assigned to an activity of that public entity. Indeed, although they are objects of interpersonal services which are common to many juridical instruments, these goods have never been the subjects of an overall analysis. Appropriate expression to name this category of goods, the neologism ouvrage externalisé can make possible to remedy it, by subsuming these last on an only concept. Thereby, a prospecting of the concept of ouvrage externalisé leads to describe and explain the rules which apply to the goods that were previously studied separately, depending in particular on the nature of the juridical instrument by which their juridical control is shared. So, the suitability of a mutual study conducted about these goods is confirmed. These ones are indeed submitted to common rationalities revealed by this analysis. Identify those rationalities allow to propose more organization of, either the legal regime of the goods included on the category of ouvrage externalisé, or the juridical notions whom are applicable. Nevertheless, such prospecting also points up common contradictions applicable to all goods which are qualified of ouvrages externalisés. These paradoxes prove to be a source of uncertainty as to the scope of the rules applicable to these goods. Trying to resolve them, the study of the ouvrage externalisé becomes prospective. But, if they are especially active with regard to the ouvrage externalisé, these same contradictions more generally innervate the whole of the law of public and private goods. Thus, seeking to overcome these aporias through the archetype that constitutes the ouvrage externalisé, a new approach to the law of goods on which public entities establish juridical relations can be proposed
Zouari, Khaled. "Publics et usages de la presse francophone en ligne au Maghreb". Grenoble 3, 2005. http://www.theses.fr/2005GRE39029.
Texto completoDaneshdoust, Dousa. "La valeur du patrimoine bâti historique : Le cas du Mausolée Ferdowsi en Iran". Thesis, Sorbonne Paris Cité, 2015. http://www.theses.fr/2015USPCD071.
Texto completoThis study considers whether historic sites could be considered as public goods or not. It also studies the characteristics of a site to be considered as a global public good. Considering historic sites as public goods demands different kind of planning and management as these sites are usually are managed by Governments and Governments incur high cost for their restoration and maintenance. Therefore, it would be important to assess the value of the different sites to prioritize restoration of these sites. To this mean, in this research different kind of values generated from historic sites has been considered and the most proper method in order to assess the total value of the sites has been proposed. Then an empirical study has been carried out by constituting original data for the value assessment of the Ferdowsi mausoleum site in Iran and the total value of the siteas well as its sub values has been assessed
Meunier, Aude. "Système de soins publics et organisation territoriale : Approche de l'espace Burkinabé". Rouen, 1998. https://tel.archives-ouvertes.fr/tel-00835312.
Texto completoQuaranta, Gaetana. "Biens et risques géomorphologiques : évaluation culturelle et promotion touristique de la région de Cortina d'Ampezzo, (Dolomites)". Université Louis Pasteur (Strasbourg) (1971-2008), 1993. http://www.theses.fr/1993STR10006.
Texto completoTo Value More Precisely The Environmental Impact, It Is Necessary To Know The Landscape And Geomorphological Assets Which Compose It. This Study Regards An Area Near Cortina D'ampezzo, Called Croda Da Lago. Its Aim Consists To Apply The Concept Of Geomorphological Asset In This Area. This Application Is Realised According To The French Definition I. E. A Landform, Becomes, An Asset If It Incldes These Following Values : Scenic, Scientific, Economic, Cultural. We Applied This Approach To The Rock Walls, The Passes, The "Nivo-Moraines", And We Realised An Assets 'Classification With These Elements And An Assets' Map. In The Second Part We Considered The Walls And Studied Their Vulnerability With A Geomechanical Classification Which Is The Bieniawski Method Modified By Clerici And Bollettinari. With This Method We Determined The Resistance Classes Fo Rock Walls. The Asset And Vulnerabiltiy Study Permited To Elaborate A Matrix Impact Of Geomorphological Assets. After These Surveys It Became Obvious That The Landscape Of Croda Da Lago Is Really A Natural Landscape Endowed With An International Interest. Therefore The Developpement Of A Tourist Promotion Was Undertaken With A Special Aim For Environmental Respect And This Purpose A Folder For Tourists Was Realised
Jongh, Maurits de. "The primacy of public goods". Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0007.
Texto completoThis dissertation takes up the concept of public goods as a hermeneutical thread with which to explore the theory and history of political economy. Situated at the intersection between political philosophy and the history of modern economic thought, this dissertation examines the following main research question: what is the role and potential of public goods to foster rather than disable individual and collective agency in politics and social life? In response to this question, the dissertation articulates the primacy of public goods in two senses: first, since plural public goods constitute the indispensable infrastructure of social life and human relationships, they have primacy over both private and common modes of providing and enjoying goods. Second, since they rely on governmental coordination and compulsion in inescapable and ineluctable relationships of political authority, public goods also have primacy over the common good in its monist conception
Emgba-Bitha, Henri-Didié. "Le recours aux services de santé publics au Cameroun : reconnaître et appuyer les ressources mobilisées par les personnes en situation d'indigence". Doctoral thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27780.
Texto completoSince the adoption of the new pricing policy on the provision of health care services and medication proposed to developing countries during the Bamako Conference in 1987, cost recovery, a condition for healthcare access, has made the overall access to health services difficult for impoverished African households, especially in Sub-saharan countries. It has been noticed that some poverty-stricken households in rural Cameroon still manage to make use of public health services. This is particularly the case in rural Cameroon where we worked as a nurse. The purpose of this study was to examine the resources at the disposal of these poverty-stricken households which allow them to make use of the public health services under cost recovery circumstances. The exploratory field research described in this document used a qualitative approach. Interviews, observations and documentary analyses were used to piece together and trace the stories about the access to care. Nine households were surveyed, eight of which figured in the retrospective section, and one in the transversal section. Five members of health workers and three community leaders were surveyed. At the end of this process, we found that poverty-stricken households surveyed have a certain amount of tangible and intangible resources at their disposal and that they were involved in various approaches that allowed them to access monetary resources when they met health issues. The dual financial contribution (direct and indirect) made by these poverty-stricken households and supported by an unofficial local policy on the provision of health services implemented by the staff of the Integrated Health Centre of NTG, allowed poor households to benefit from health care even in the absence of initial financial resources. Thus, according to the results of our studies, the improved use of public health services by poor in our area of study could also involve through an increase of their resources and through the support in the mobilization of these ressources by certain initiatives (community and municipal). Also, these results invite us to review the common misconception conveyed in relation to the indigent population and to reconsider the way of representing the indigent when talking about its possible or impossible use of public health services.
Caylet, Sylvain. "L’ouvrage externalisé : contribution à l’étude du droit des biens impliqués dans le commerce juridique des personnes publiques". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10042.
Texto completoThe notion of "ouvrage externalisé" doesn’t exist in French law. Propose in the present study to introduce a concept designated by this syntagm responds to a need. This last resides in a better knowledge of legal rules which apply to immovable and worked goods whose the juridical control is shared between a public entity and one or several entities so that these goods are assigned to an activity of that public entity. Indeed, although they are objects of interpersonal services which are common to many juridical instruments, these goods have never been the subjects of an overall analysis. Appropriate expression to name this category of goods, the neologism ouvrage externalisé can make possible to remedy it, by subsuming these last on an only concept. Thereby, a prospecting of the concept of ouvrage externalisé leads to describe and explain the rules which apply to the goods that were previously studied separately, depending in particular on the nature of the juridical instrument by which their juridical control is shared. So, the suitability of a mutual study conducted about these goods is confirmed. These ones are indeed submitted to common rationalities revealed by this analysis. Identify those rationalities allow to propose more organization of, either the legal regime of the goods included on the category of ouvrage externalisé, or the juridical notions whom are applicable. Nevertheless, such prospecting also points up common contradictions applicable to all goods which are qualified of ouvrages externalisés. These paradoxes prove to be a source of uncertainty as to the scope of the rules applicable to these goods. Trying to resolve them, the study of the ouvrage externalisé becomes prospective. But, if they are especially active with regard to the ouvrage externalisé, these same contradictions more generally innervate the whole of the law of public and private goods. Thus, seeking to overcome these aporias through the archetype that constitutes the ouvrage externalisé, a new approach to the law of goods on which public entities establish juridical relations can be proposed
Pébarthe, Christophe. "Conservation et utilisation des écrits publics et privés à Athènes : de l'époque archai͏̈que à la fin du IVe siècle avant J.-C". Bordeaux 3, 2002. http://www.theses.fr/2002BOR30011.
Texto completoKirsch, Alessandra. "Politique agricole commune, aides directes de l'agriculture et environnement : analyse en France, en Allemagne et au Royaume-Uni". Thesis, Bourgogne Franche-Comté, 2017. http://www.theses.fr/2017UBFCG001/document.
Texto completoDoes the CAP direct payment distribution benefit to the most environmentally friendly farms? Following an environmental assessment state of the art, a set of environmental indicators has been created to rank farms on their potential environmental impacts using FADN datas. Then, these classes have been connected with the amounts of direct payments received. Results are processed on three types of farm (specialized in cereals and oilseeds, meat cows and milk cows). Associated with a comprehensive study of the reforms of the CAP since 1992, this empirical study allows to stand back on the consequences of the political decisions. It seems that if the 2nd pillar direct payments are directed in favour of the more environmental friendly farms, their weight remains too low compared with the aids of the 1st pillar, which are higher in the less virtuous farms. This is largely connected to the weight of the DPU in the direct payments, and to the French choice to base their calculation with regard to the history of the farm. That is why the simulations of the redistribution of the subsidies of the 1st pillar on horizon 2019 show that the rebalancing of these payments between the farms by a national harmonization will contribute to level the gap of 1st pillar direct payments by hectare between french farms. The comparison with the United Kingdom and Germany shows the effects of the subsidiarity, in particular during the decoupling: the harmonization of the decoupled payments allows the most environmental friendly farms to get higher direct payments per hectare
Bros, Catherine. "Castes in India : implications of social identity in economics". Phd thesis, Université Panthéon-Sorbonne - Paris I, 2010. http://tel.archives-ouvertes.fr/tel-00608674.
Texto completoZennir, Abdelmalek. "Bétons calcaires en Lorraine : utilisation des granulats du bajocien de Viterne (54) pour la formulation de bétons courants". Nancy 1, 1996. http://www.theses.fr/1996NAN10090.
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