Tesi sul tema "Cohérence de la jurisprudence internationale"
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Claeys-Broutin, Odile. "Le pluralisme juridique international : contribution des juges internationaux à la mise en cohérence du droit international". Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100175.
International law evolves at a rapid pace, and results in a strong increase in norms, organizations and international courts, raising increasing fears about a fragmentation of international law within the international legal order itself. The international legal order is defined, in the broadest sense of the term, as international law aimed at governing international society. This includes specialized international legal systems, made up of a number of international organizations ; each one including a court or an arbitral tribunal. The aim of this thesis is to determine, through the study of international legal pluralism, weather this foreseen risk of a possible fragmentation of the international law is, in the end, proven or not. In order to fulfill this aim, our work is based, on the one hand, on a systemic analysis of international legal orders, this in order to determine whether these bodies establish legal relationships between themselves, and on the other hand, on a normative analysis of legal systems, to determine this time whether each one sets up, or not, its proper inner coherence.In the first part, we show that the international legal pluralism seems to be uncoordinated, inducing a risk of fragmentation of international law, this due, in part, to the proliferation of international legal orders and, and in other part, to their lack of institutional ground. In the second part, we aim at proving that the international legal pluralism finds best its balance when international law is put into practice by international judges. They coordinate international jurisprudence through their jurisdictio (apply the law) and set out the boundaries of a true international judicial power through their imperium (to pronounce a binding decision)
Vasalou, Evangelia. "Les conflits d’obligations internationales devant la Cour européenne des droits de l’homme". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2024. http://www.theses.fr/2024ASSA0005.
This thesis explores the question of conflicts between the ECHR and other international obligations for State parties by focusing on the case law of the ECtHR. The ECtHR's approach reflects the need for consistency in law and harmonisation of conflicting obligations. Setting the objective of harmonising potential conflicts, the Court of Strasbourg did not raise the question about the causes of those conflicts. This thesis seeks to examine whether there are any legal rules that could prevent conflicts by obliging States to establish norms that createcompatible obligations. In addition, the study aims to systematise conflicts between the ECHR and other international obligations in cases which were lodged with the ECtHR, in order to highlight the conditions of emergence of these conflicts and to examine the means of their coordination. The overarching theme of the study goes beyond the criticism of the effectiveness of the means of harmonisation applied by the case-law of the Court of Strasbourg, proposing solutions for the avoidance of conflicts. The analysis of the applicability of the means of conflict resolution is part of the management of conflicts in which the obligations of the ECHRare involved. In this context, the thesis delves into the means of conflict resolution that could be applied in the future, should the ECtHR explicitly recognise a situation of conflict between the ECHR and another international obligation
Favre, Jean-Michel. "Essai sur la notion de standard dans la jurisprudence internationale". Paris 1, 1994. http://www.theses.fr/1994PA010317.
The aim of this thesis is the study of the sense of certain notions, very used in public international law and called "standars" (we essentially studied the reasonableness, the equitable, the proportionality and the due diligence). These notions, because they are sometimes very difficult to determine , are often accused to make international rules vague. They are, however, very useful. The first part of this thesis shows that the standard is a legal technique used in the elaboration of the international rules. For this reason, the standard is sometimes mistaken foir the norm. States, when they create norms, often use standards because they do not want to be automatically tied by a specific behavior. So, they prefer the norm to be flexible according to particular circumstances. The second part shows that the standard favours the normative power of the international judge because, as he must find a solution to a controversy on the basis of an international norl, he has to interpet and aplly the standard. Actually, by the realization of the flexible norm, the judge is often obliged to substitute his own decision for what the concerned states really want. The third part shows the different fields of application of the standard in the international case law: the process of interpretation, the international responsibility and the law of the sea
Bellil, Farouk. "La cohérence du droit européen de l'insolvabilté [sic] internationale, la construction d'un système". Rouen, 2015. http://www.theses.fr/2015ROUED011.
Lajoinie, Olivier Régis. "Le pouvoir normatif de la commission internationale de protection radiologique à l'épreuve de la jurisprudence internationale et communautaire". Montpellier 1, 2006. http://www.theses.fr/2006MON10012.
Von, Mühlendahl Paul. "L’équidistance dans la délimitation des frontières maritimes. Etude de la jurisprudence internationale". Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111011.
The delimitation of maritime boundaries is of utmost importance for many states, whether on a symbolic, cultural, strategic or economic level. Nevertheless, international treaty law is at best largely ambiguous, at worst entirely silent as to what the precise methods for resolving possible disputes that might surface during the delimitation process are. Confrontedwith these ambiguities and silences, but also with incoherent state practice devoid of any opinio juris, it is primarily from their own vision that international jurisdictions have drawn the equidistance/relevant circumstances rule, according to which, regardless of the maritime zone concerned, including the extended continental shelf, and regardless of the coastalconfiguration, every decided maritime delimitation begins with the establishment of a provisional equidistance line. This line can later be modified in a second phase of the delimitation to take into account the particular circumstances of each case. In spite of the unequivocal and – a premiere in the history of the Court – unanimous consecration of theequidistance/relevant circumstances rule by the ICJ in the Delimitation in the Black Sea case in 2009, numerous unsettled areas and technical difficulties remain in the delimitation process, notably regarding the risk of too great a degree of subjectivity, if not arbitrariness, particularly regarding the choice of the base points and the role to be played by proportionality. Likewise, in order to guarantee a smooth “materialisation” of the border on the “ground”, a close collaboration between the jurist on the one hand and the cartographer, geologist, hydrologist and geographer on the other hand is indispensable
Devouèze, Nelly. "Le droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale". Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D008.
The roots of international criminal law may be found in the individual criminal liability of the major criminals of the Second World War. The Nuremberg and Tokyo International Military Tribunals were followed in the 1990's by the two ad hoc Tribunals for Former Yugoslavia and Rwanda, created by the United Nations Security Council, and then in 1998 by an independant and permanent tribunal with a universal vocation : the International Criminal Court. Among the underlying acts of war crimes, crimes against humanity and genocide, a leitmotif stands out : physical and mental integrity. Without a uniform definition in national legal systems, this notion is defined on the basis of statutory provisions and becomes clear in the international criminal tribunals' case law. Establishing an autonomous right to physical and mental integrity in terms of genocide and war crimes, the case law of ad hoc tribunals alsouses the notion to complete the liste of underlying acts of crimes against humanity and to define some other crimes. Chambers are also protecting this integrity without any incrimination. Because beyond physical and mental integrity of victimes, arises the question of the physical and mental integrity of other actors of conflicts and proceedings : soldiers, humanitarian workers, witnesses and accused.Studying the right to physical and mental integrity in international criminal case law uncovers the emergence of a right unknown to national legal systems as such. This right raises questions of legal certainty as much as demonstrates the autonomy of international criminal law
Chabbia, Ali. "La Conception de la coutume internationale dans la jurisprudence de la C.I.J. [Cour Internationale de Justice] étude et analyse". Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37596550f.
Medda, Federica. "Les facteurs extra-juridiques dans la jurisprudence de la cour internationale de justice". Thesis, Paris Est, 2016. http://www.theses.fr/2016PESC0057.
Law can meet non-law. This is possible and true since the judicial process of adequacy of an abstract judicial solution to a concrete case imposes an adaptation to the applicable law. This is particularly correct in international law field because the law adaptation to its application brings it to open itself to foreign element of the law.This study intends to provide a theoretical systematization of the qualification and the use of extra-legal factor by the international judge.Reflexion must begin with a first identification of extra-legal factors in the legal thinking through an exegetic lecture of advisory proceedings and contentious cases. The identification of these elements strangers to law will allow the determination and the analysis of the criteria used by international judge(s) and the existence of an eventual classification between such different factors.If international judge accepts to have resort to lawlessness, this opening is not meaningless. Extra-legal factors’ scope on case law must be researched. It’s about a double scope, firstly normative and secondly substantial. Extra-legal factors do have indeed a role in the structuration of international law speech, once integrated to law, because they facilitate the different cases’ individualisation work through their helping role in facts’ interpretation and because they facilitate the decisions’ contextualization work as well, through an international rule shaping. They also have a role in the evolution of international rule since they contribute to the cultural diversity of the ICJ’s judges and, thereby, they become vectors of interdisciplinarity, while they allow an evolutive interpretation of international rule and they contribute to the opening to new tendances
Germond, Laurent. "Les pouvoirs de l'organisation internationale employeur à l'épreuve des principes généraux dans la jurisprudence du tribunal administratif de l'Organisation internationale du travail". Paris 2, 2007. http://www.theses.fr/2007PA020017.
Ros, Nathalie. "La Cour internationale de justice et les règles du droit international : contribution à l'étude de la fonction effective de la juridiction internationale permanente". Paris 1, 1998. http://www.theses.fr/1998PA010258.
The effective relation between the international court of justice and the rules of international law is not limited to judicial settlement. The Hague court develops a function of normative supply : it contributes to the achievement of an international legal order, not directly to the elaboration of its rules as jurisprudence is not a source of law, but to the development of norms constituting their substance and becoming positive law through the formal filter of state consent. The existence of a function of normative supply is in accordance with the peace-making mission of the judge, especially in the case of the principal judicial organ of the united nations, so it seems all the more justified by the theory of implied powers. For a double reason, the primacy of state consent appears a decisive factor : the court never supplants states but only makes up for their lacks and the effectivity of its contribution supposes a conventional or customary reception. As for its exercise, normative supply is a derived function of international adjudication ; it proceeds from judicial motivation and develops through the fictions leading to the determination of law. Its functional logic may be appreciated according to a scale of judicial normativity whose legal parameters are formal and material sources, because judicial normativity is in principle inversely proportional to the normative predetermination of law. Anyway, the contribution of normative supply gives a nearly comprehensive panorama of the international legal order : law of treaties, customary international law, principles in international law, unilateral acts, law of the sea, law of international organizations, international responsibility, essential rules of contemporary international law
Chabbia, Ali. "La conception de la coutume internationale dans la jurisprudence de la c. I. J. (etude et analyse)". Rennes 1, 1986. http://www.theses.fr/1986REN11001.
The lesson drawn from the i. C. J. Jurisprudence about international custom is that the latter is not a pre-existing legal norm having a predetermined objective value like the conventional norm. It is in a way latent norm that lends itself to legal investigation only when there is a dispute between subjects of international law. Being the outcome of the whole set of acts and behaviours of these subjects in the international sphere, it is found entrenched in a process form which the judge ought to isolate it and give it the form and content of a legal norm form which it is possible to deduce a particular solution. These acts and behaviours should therefore satisfy certain conditions (repetition,generality,duration,imputability to a subject of international law) which enable the judge to qualify them legally. If it is proved that their authors (states or international organisations)intended to act on legal grounds (opinio juris sive necessitatis), the judge declares that these acts and behaviours constitute an applicable customary norm. But, first, he has to resolve the problem of its opposability by saying why it is binding on the defending party. Is it by virtue of its consent or by virtue of other objective characters beyond its control? if he returns a verdict of subjective opposability, he takes into account the situation and the behaviours of this party during the customary process. If he returns a verdict of objective opposability, he proclaims the opposable customary norm, no matter the behaviours and situation of the party in relation to this process. Once the problem of opposability of the custom is resolved, the international judge engages his attention in the problem of conflict between general custom and particular custom, and between custom and treaty in order to determine the rule applicable to the litigation laid before him. As for the basis of the custom, jurisprudence shows that the international judge ought to be satisfied with attributing legal effects to all practices which fulfil the conditions that lead him to recognise law in them. He therefore does not have to pronounce his opinion on its basis, as the volontarist and objectivist doctrine seems to suggest to him
Timsit-Dauba, Myriam. "Les modes de saisies de la Cour internationale de justice à travers la jurisprudence et la doctrine". Paris 1, 1994. http://www.theses.fr/1994PA010269.
Escription of all the mechanisms which make possible the seisin of icj. If, at the beginning, as it had been specified, the clause of compulsory jurisdiction has proved quite successful, after that, we have encountered a diversification of the means of the seisin of the icj and a tendency towards the compromise's method which is much more similar to the arbitral system than to the permanent jurisdiction
Bouvier, Damien. "La représentation internationale de l'Union européenne". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D040.
Exogenous factors, coming from the applicable international law, on one hand, and endogenous factors, carried by the European legal order, on the other hand, shape the international representation of the European Union. This thesis demonstrates that while the exogenous factors are relatively well managed, the endogenous ones prove to be more troublesome, preventing the European Union from “speaking with one voice”. Legal mechanisms make possible a unified expression of the European Union at the occasion of diplomatic activities in third countries and, to a lower extent, in the case of special missions and in international dispute settlements. On the contrary, the unity of the European representation inside international organizations is much more cumbersome. In addition, the plurality of the legally allowed actors to express directly the will of the European Union, as well as the heterogeneity of the external competences do not facilitate the unity of the representation. The negotiation of international agreements illustrates how equivocal the matter can be. In this context, the principle of loyal cooperation and the requirement of coherence are particularly useful to guarantee the unity
Taghizadeh, Ansari Mostafa. "La procédure de règlement juridictionnel des différends internationaux [(à l'exclusion des organes régionaux)]". Montpellier 1, 1989. http://www.theses.fr/1989MON10042.
Delas, Olivier. "Le Principe de non-refoulement dans la jurisprudence internationale des droits de l'Homme : De la consécration à la contestation". Paris 2, 2010. http://www.theses.fr/2010PA020067.
Shahla, Mehdi. "La Jurisprudence de la cour arbitrale de la Chambre de Commerce Internationale et les règles de procédures (1975-1984)". Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37601201h.
Kouomou, Simo Landry. "Le changement de circonstances dans la jurisprudence du Conseil constitutionnel". Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D051.
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Piacentini, de Andrade Isabela. "La réparation dans la jurisprudence de la cour interaméricaine des Droits de l'Homme". Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020069.
The international reparation of damages suffered by individuals is a relatively new subject that hasn´t received the amount of attention it deserves from international law. The international responsibility of the State towards individuals is indeed a topic missing from the Draft articles on responsibility of States for internationally wrongful acts adopted in 2001 by the United Nations International Law Commission, which was mainly featured to discipline the responsibility of a State towards another State. The jurisprudence of the Inter - American Court of Human Rights might considerably contribute to filling this important gap in the law of international responsibility. Taking advantage of its large competence to order reparation measures according to article 63§1 of the American Convention of Human Rights, the Inter-American Court has developed a substantial and original jurisprudence leading to the establishment of a legal regime on the reparation of individual damages on the basis of the international responsibility of the State. From the study of the inter -american regime on reparations, it can be inferred that its specificities – deriving from the particular character of the State responsibility towards the individual and from the seriousness of the human rights violations brought to the Court – do not lead to a diversion from the general rules on State responsibility, but rather to their completion: the legal regime of reparation that comes out from the jurisprudence of the Inter-American Court definitely contributes in filling the lacunas of international law with regards to the discipline of the international reparation of damages caused to private persons
Remiche, Adelaïde. "La justiciabilité des droits économiques, sociaux et culturels en Belgique: Étude analytique et prospective à la lumière de la jurisprudence internationale". Doctoral thesis, Universite Libre de Bruxelles, 2017. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/243492.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Barthe, Clarisse. "La mise en évidence de la règle de droit par le juge international : essai sur la fonction heuristique". Toulouse 1, 2001. http://www.theses.fr/2001TOU10042.
The International Court of Justice fulfils an heuristic function which brings international legal rules to the fore and conveys the judicial creativity of the Court. The International Court of Justice develops international law - and more particulary customary law - by shedding light on and enriching it
Soussan, Audrey. "Contribution à la théorie de la coutume internationale : à partir de l’identification de la coutume de droit international pénal". Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100153.
Custom is not only the accumulation of these two elements that are the practice and the opinio juris, it is additionally, and maybe mostly, an operation. The customary operation allows to pass from practice to the conviction of law. This operation is only possible in that practice is not only the repetition of conducts, but above all, the observation of this repetition by the addressee of the obligation in formation. Therefore, custom can be defined as an operation which is, in nature, unforeseeable, identifiable afterwards, by the production of conducts, and their observation by the obligation’s addresses. The conviction in the existence of the obligation actually consists in an explanation, to the addressees, of the observed repetition. Why would the repetition exist if not because of an obligation constraining it to be so. From this point of view, the custom of international criminal law, bears unprecedented identification difficulties. Indeed the pertinent conducts are often hidden and cannot be observed, particularly at times of war and in the context of hostilities. Furthermore, the addressees are natural persons. Lastly, international criminal law has developed through the activity of ad hoc jurisdiction that had practically an obligation of result concerning their jurisdiction and the existence of condemnations. From these difficulties emerges an identification method of customary rules bearing unprecedented issues
Heisten, Laurent. "De aequitate in delimitatione maritima : l’équité dans la délimitation maritime : essai sur une théorisation de la jurisprudence internationale en matière de délimitation maritime équitable". Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100196/document.
Since the first decision related to the delimitation of the continental shelf and the exclusive economic zone, the international jurisprudence is founded on the concept of equity. The international jurisprudence has progressively developed rules governing the equitable maritime delimitation, which can be classified in four categories of norms: the fundamental norm requiring the adoption of an equitable result, equitable principles, delimitation methods and relevant circumstances that contribute to adapt the provisional delimitation line on the concrete circumstances of the case. All those rules should contribute to the adoption of an equitable result.The rules mentioned above acceded progressively on normativity, which permits to distinguish four degrees of normativity in the evolution of the law applicable on equitable maritime delimitation. On degree zero of normativity, law was reduced on the fundamental norm and, thereafter, equitable principles and delimitation acceded on normativity. Their normativisation permits to distinguish between the first and the second degree of normativity. The superior degree of normativity is qualified by the normativity of all delimitation factors, even the relevant circumstances.The determination of these rules is based on the idea of equity. As the fundamental norm requires this equity, it should be called juridical equity. It is an autonomous tool, which completes the law applicable on maritime delimitation. Through the progressive development of the law, juridical equity (aequitas iuridicia) looses its influence and is replaced by equity that is a part of the norms (aequitas elementum iuris). This one guides the interpretation of the delimitation norms in order to obtain an equitable result. An abundant juridical practice has contributed to this evolution characterised by the rejection of juridical equity
Scoppio, Maria Elena. "La notion d'établissement stable : l'influence de la législation internationale et de la jurisprudence communautaire sur les systèmes juridiques nationaux : les expériences italienne et française". Université Robert Schuman (Strasbourg) (1971-2008), 2006. http://www.theses.fr/2006STR30001.
The two notions of permanent establishment valid in the fields of direct and indirect taxation appear different : in the field of VAT the Court of justice of European communities interprets article 9 of the Sixth directive referring to elements that are absent in article 5 of the OECD model convention against double taxation. Furthermore, permanent installations of automatic structures are considered as permanent establishments for the purposes of direct taxes, while this is not the case for VAT. Some differences appear also comparing Italy, where an autonomous notion of permanent establishment in the field of indirect taxation is denied, and France, where the two notions are considered as different. The discrepancy between the two notions would be enhanced whether the ECJ would follow the opinion of the AG Poiares Maduro in the case C-255/02 Halifax, on the application of the abuse of right to VAT, since this principle would only apply to VAT and not also to direct taxes
Ghérari, Habib. "Le différend tuniso-libyen relatif à la délimitation du plateau continental devant la Cour internationale de justice". Paris 1, 1987. http://www.theses.fr/1987PA010257.
Dannenberg, Gesa. "Protection internationale des droits de l'homme et responsabilité de l'Etat devant la Cour internationale de justice". Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020040.
The increasing number of human rights based claims before the International Court of Justice raises the question of their implementation in the framework of generalist and interstate litigation. The procedure of the Court has been thought and conceived for the defense of subjective interests of States. Therefore, the Court seems unable to take into account the complex legal relationships in which lies State responsibility for “internationally guaranteed human rights” violations and its scope, limited to bilateral responsibility amongst State parties. But, instead of conceiving the legal connections in dispute as to the only State parties or as external to the individual, the Court endorses a correlation approach. Tripartite relations emerge between the State perpetrator of the human rights violation, other States which are equally creditor and bearer of the obligations infringed and the individual who holds the rights. However although the Court is ready to clarify or even conceptualize the legal relationships involved, it does not distort its traditional judicial function. While the individual is taken into account in the incurrence of State responsibility it is nevertheless marginalized in its implementation, which continues to be centered on the State and defined by public international law. This particular conception of State responsibility for human rights violations underlines that it cannot be reduced to the relation between the individual and the State, for which other selfless States would stand guarantor as the most, but that it also and directly determines interstate relations
Gémieux, Francine Claude. "La portée juridique des présomptions dans les systèmes européen et interaméricain de protection des droits de l'homme : contribution au renforcement de la personnalité internationale de l'individu". Antilles-Guyane, 2006. http://www.theses.fr/2006AGUY0201.
On account of the judges wisdom and the precaution of some laws, as weIl as the opportunism of a certain case law, the presumptions whose the principal effect is to reduce the burden of proof, have they become a special way to strengthen the international personality of the individual person? Those mechanisms allow the individuals who are victims of violation attributable to the State to win the case. When the State is unable to justify with relevance its attitude or to conduct the case for its own defence, it exposes itself to the presumptions of veracity of alleged facts stemming from the Regulation of the Inter-American Commission on human rights (article 39) and to the presumption of causality from European case law. The aforementioned presumptions have a protective finality. But the latter does not disappear when the individual person is implicated. Consequently, the presumptions could benefit individual persons who are in the breach of the nationallaw or of the conventionallaw. By way of illustration, the presumption of innocence and the rights of the foreigners will be examined differently. The analysis of the European case law reveals a new presumption in favour of the foreigner, member of a group, who is about to be expulsed from the State i. E. The presumption of collective expulsion. To sum up, the different presumptions allow an individual person to be better protected within the context of internationallaw and in this way to consolidate his position as the subject of internationallaw. So, the presumptions as they are used at the regionallevel contribute, according to our analysis, to the strengthening of the international personality of the individua
Boussofara, Anissa. "Le principe d’interprétation autonome dans la Convention de Vienne sur les contrats de vente internationale de marchandises". Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0010/document.
When analyzing the United Nations Convention on Contracts for the International Sale of Goods adopted the 11 April 1980 (CISG), a principle of autonomous interpretation appears. This principle is stated in other legal texts (as United Nations conventions and UNIDROIT Principles). The principle of autonomous interpretation belongs to the transnational law and leads to take into account the international character of the legal provisions to be interpreted and to promote the uniformity of their application as “expressed” in the article 7 of the CISG. General principles underlying the CISG are used for gap-fillings which is the second side of legal interpretation. Using national laws is the ultimate resort.The principle of autonomous interpretation in the application of the CISG will be studied. For this purpose, judicial decisions and arbitral awards will be examined. Dispositions from the Convention have been chosen for their interpretation to be examined. The principle of good faith is also examined in its relation with the CISG interpretation. It will be observed that French case-law doesn’t acknowledge the principle of autonomous interpretation. Arbitral awards show a more important tendency to apply the principle of autonomous interpretation but there is no uniformity. The arbitrators in international trade have multicultural traditions and do not depend on a forum. Therefore they are less likely to be “influenced” by national “references” and so much more capable to interpret autonomously international dispositions. Nevertheless the “express” affirmation of a principle of autonomous interpretation is missing from arbitral awards and judicial decisions. This thesis aims to enlarge the acknowledgement of the principle of autonomous interpretation by the interpreters of uniform law using the CISG as a model. The function of the principle of autonomous interpretation will be fundamental to the expansion and to the correct application of uniform law. This method of interpretation is respectful of the objective of uniform law
Al, Serhan Hakem. "La définition du crime contre l'humanité dans la jurisprudence des tribunaux pénaux et internationaux ad hoc. "Ex-Yougoslavie et Rwanda"". Poitiers, 2011. http://www.theses.fr/2011POIT3008.
F crime against humanity is representative of the crimes committed during the last century still seems incredibly relevant today. It’s in the heart of International criminal law and judged by judicial authorities such as the ICT. The International Criminal Tribunal for the former Yugoslavia and Rwanda created by the United Nations Organization and institutionalized to judge all the persons having committed crimes in these two regions, have contributed to the development of the International law. The judges of these courts have, while referring to the existing legal authorities, in particular those resulting from exactions committed during the Second World War, have participated in the construction of a definition of crimes against humanity including the crime of genocide. Crime against humanity appears on articles 3 and 5 of the Statutes of the ICTR and the ICTY and the crime of genocide appears on articles 2 and 4 of the said Statutes. The offences related to crimes against humanity and crime of genocide have allowed the precedents of both courts to lead to precise definitions. On the contrary, some of these related offenses have led to debates which ended sometimes or not to a definition. The ICT judges showed their investment in the definition of each of these crimes and have allowed to establish solid basis to the Statute of the actual judicial authority that is the ICC
Lakhdhar, Amani. "L'adoption internationale : étude comparative entre le droit français et le droit tunisien". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D083.
Since the second half of the 20th century, international adoption has become increasingly important. A Multifaceted institution, from a multidisciplinary perspective, its essential features are two decisive factors: diversity and juridical status. It is also a highly complex issue since it goes to the very core of the family, in a context characterized by the search for a balance between the various state laws. The review of the interlinked notions of the best interest of the child and of identity, as well as the study of the key components of intergovernmental cooperation enshrined in the Hague Convention of 29 May 1993, will enable us to analyze the cornerstones of international adoption beyond the aforementioned specifics. This analysis conducted through comparison between French and Tunisian law, laws that seem to be in opposition, gives an opportunity to produce an overview of the organization of international adoption from the preliminary phase under the auspices of administrative authorities, until when the international adoption is decided. In addition to the choice of the competent judge, all issues concerning the administrative stage, as well as those resulting from the designation of the applicable legislation, require a comprehensive study of Tunisian and French legislation, in particular a thorough examination of solutions which are usually sought before the courts in both countries
Morvan, Sylvia. "Les flux transfrontières de produits biologiques d'origine humaine". Dijon, 2000. http://www.theses.fr/2000DIJOD009.
Pitton, Marie-Camille. "Le rôle du jugement étranger dans l'interprétation du droit conventionnel uniforme". Paris 1, 2007. http://www.theses.fr/2007PA010292.
Nikonova, Maria. "L'interprétation du droit uniforme du commerce international en Russie : l'exemple de la Convention de Vienne sur les contrats de vente internationale de marchandises". Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0020.
The international trade operations need legal certainty. The uniform substantive law comes as a response to this need, providing parties with uniform legal basis adapted to international transactions. However, the effectiveness of this response will largely depend on how the uniform law is implemented by domestic courts and arbitral tribunals. The objective of this study is to provide a critical analysis of the practice of interpretation of uniform legal texts in Russia by taking as an example the uniform law of the international sale of goods created by the Vienna Convention of 1980. This analysis reveals that the particular characteristics of the Russian legal and judicial systems have significant implications on the interpretation of uniform substantive law. The integration of international conventions in the Russian legal system is supposed to ensure their implementation by state judges, but it can also create confusion between the rules of uniform law and those of domestic law. This confusion brings Russian judges to interpretation of the uniform law on the basis of their national law, thus threatening the goal of international uniformity in interpretation of the uniform substantive law. Since there is no existing transnational precedent rule, the uniform interpretation of international substantive rules can only be achieved by co-operation and discussion between different national courts and arbitral tribunals [...]
Pollmann, Christopher. "Le recours collectif au droit comme stratégie : l'action des syndicats et des "patronati" en France et en RFA, en matière de libre circulation des travailleurs communautaires". Montpellier 1, 1991. http://www.theses.fr/1991MON10029.
Sierra, Cadena Grenfieth de Jesús. "L'internationalisation pluraliste du droit public de l'intégration régionale : une comparaison d'après la jurisprudence de la CJUE et du TJCA". Thesis, Paris 1, 2014. http://www.theses.fr/2014PA010327.
The internationalization of Community Law in the EU has led to the development of new centers of legal production outside the European legal space such as CAN. This process has stimulated a two -dimensional global phenomenon of legal pluralism: on the one hand there is the creation of alternative regional integration models and on the other hand, the emergence of a discussion on national level about the constitutional and administrative identity of States under supranational legal systems. The comparison between different jurisprudences shows an expansion of legal pluralism in Latin America and in the EU, as much as in a national or regional scale than in a constitutional or administrative scale. Such pluralism demands the construction of a regional coordination-harmonization rather than a standardization of the legal world as envisaged by the WTO's economic Law, the doctrine of Global Administrative Law or the constitutional providing of global standards. Comparative jurisprudence explains how the national and regional judges’ “spontaneous and unrestrained” dialogue reveals the conflicting relationship between the beneficial owner of the world market (WTO) and the protection of public order at a regional level. The thesis addresses the problem of pluralism through the comparative analysis of both the ECJ's and the ACJ's jurisprudences. First, from a constitutional point of view, the notion of “power-knowledge of the judge” (replacing the concept of judicial activism) suggests the understanding of the community judge as the protector of the national legal pluralism to address a new complex configuration of legal authority at a supranational level. Secondly, from an administrative point of view, the notion of regional governability (replacing the concept of global governance) demands the judicial nationalization of regional economic powers to place it under the control of law. The aim is to imagine the regional public law capable of nationalizing the regional authorities as counter-powers regulating the market to face the lack of legal definition of the global governance
Toso, Federica. "La dimension extérieure de la politique migratoire de l'UE". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA027.
According to the Treaties, the EU shall frame a common policy on asylum, immigration and external border control, based on solidarity and on the respect for fundamental rights, whose achievement clearly relies on the establishment of strategic relations with Third Countries. However, the EU external action in this policy field faces various challenges. Primarily, the EUshall make any efforts to promote the collaboration of Third Countries of origin and transit, by strengthening its international reliability and, accordingly, the spread of a spirit of mutual trust. Secondarily, the EU shall strive to make effective such a collaboration, by ensuring that the external competence is exercised by the political level providing the added value and by making use of any available cooperation tool, binding or not. Conclusively, the external dimension of EU migration policy shall be backed by a coherent and flexible strategy, apt to guarantee the effective management of migration flows
Tomeba, Mabou Gynette. "La réparation devant les juridictions judiciaires internationales". Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA002/document.
The requirement to fully repair a damage is a well-established principle in different areas of international law. International judicial courts are particularly called upon to deal with this issue. The concept of remedy has evolved over time. This concept has reached a major turning point with the recognition of the status of the individual, beneficiary and debtor of the obligation to repair. Its terms are not the same depending on the international court in which it is contemplated and reparation is not only the modality pronounced as such, but it is also and especially the implementation of this modality. Monitoring the performance of reparation decisions is thus a key to the effectiveness of the latter. On this point, state support is even more essential that the international courts have an important limitation: the lack of binding force to enforce their decision. Moreover, the role of non-state entities should not be underestimated in the reparation process, especially that of civil society. It is interesting to see how the current practice of reparation before various international tribunals is articulated, considering all these factors. It should also be noted that despite a context of multiplication of international courts, it complex challenges remain in this area. The child soldier issue, both perpetrator and victim of violations of international law is particularly eloquent. With their remedies, international courts contribute to the respect of international legality
Schellekens-Gaiffe, Marie-Ange. "La sécurité environnementale dans les relations extérieures de l’Union européenne : vers une approche intégrée de la prévention des conflits et crises externes". Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD004/document.
The link between environmental problems and risks to security is progressively gaining ground, even though diverging opinions still prevail as to the exact nature and challenges of this interaction. The increasingly visible impacts of climate change have indirectly strengthened the prominence of this issue on the international agenda. Can the European Union, born itself from a successful approach to conflict prevention and international leader for environmental protection contribute to this aim ? Beyond the immediate urgency of environmental problems, environmental security carries several elements which could turn it into a driving force for the European Union's foreign policy by an improved understanding of the actual roots and multifaceted nature of numerous conflicts. This would allow the EU to support global stability and to strengthen its role on the international scene
Coelho, de Araújo Gilvandro Vasconcelos. "Le contrôle juridictionnel des concentrations au Brésil : une analyse à la lumière des droits de l’Union européenne et de la France". Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020003.
Merger control is the responsibility of administrative authorities in the European Union, France and Brazil. The link between these three jurisdictions is noticeable by the possibility of judicial review of the administrative decisions rendered. Observing the Brazilian example and some of the European decisions, it is possible to identify that judges in Brazil analyze the preparatory acts up until the final decisions of the Brazilian competition authority. By observing traditional legal techniques, or even economic analysis, the role of the judge is extensive in the matter of mergers analysis. This project seeks to demonstrate that the training of judges and the conditions of conducting such cases are essential aspects, in order for the judge's decision to be rapid and technical. Even if decisions are not numerous, each decision can serve as an example for future cases and even to modify the course of desired incentives in the previous analysis of mergers which may create or strengthen market power
Moundounga, Ntsigou Serge. "La fragmentation du droit international public : l'oeuvre de codification à la lumière de la fragmentation du droit international". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA005.
The phenomenon of fragmentation is quite complex and is involved in the phenomenon of internormativity in so much as it includes the study of the relationship between law and society and, in particular, international law as a legal system. This study is, as a general, an essay on the work of codification and progressive development of international law as embodied in the practice of the International Law Commission, taking into account recent developments in international law symbolized in what is termed, increasingly, fragmentation of international law. The case revolves around the extraordinary expansion that this discipline has being knowing for nearly fifty years now and around the changes affecting what is commonly called the ‘international community’. The interest is generated by the evolution of methods for the development of international law, owing in particular to the multiplication of the competent organs of the UN and the need to find practical solutions to the phenomenon of normative conflicts at the international level. These are two consequences (legal and institutional) of the phenomenon of fragmentation that now has come to threaten the international legal order and the unity of international law. Therefore, given this situation, the need for a strengthening of the concept of codification of international
Nguyen, Déborah. "Le statut des victimes dans la pratique des Juridictions Pénales Internationales". Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30046/document.
The recognition of the right to participate and the right to reparation to the victimes is the most remarkable evolution of these last decades in the national laws and in the International Criminal Justice. The International Criminal Jurisdictions built the victims’ status. Confronted to innovative concepts, the judges have to create precedents and organise the modalities of the victim’s rights. They have to combine the coordination of the legal representation of thousands of victims with the necessity of justice. In view of the first decisions, the place of the victimes is established since the judges grant them the right to participate. However, their interpretation of the rules brings serious limitations to the rights of the victims in the practice. The victims’ participation is not fully applied and their reparation turns out to be exceptionnal. So, the interest of the jurisprudence study resides in the determination of the real status of the victims in the international trial and the importance of the granted rights. Positive evolutions can be made in favor of the recognition of the status of parties in the trial and the effectiveness of the rigths of the victims
Rochereuil, Katia. "Les accords bilatéraux de l'Union européenne". Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D001.
The different bilateral agreement is a tool for the European Union to wide its external competences. This illustrates it voluntarism but even more it pragmatism of it external action, what is not without raise problems.The harmonization of bilateral agreements is a very strong need. This rationalization should be hold by an institutional scheme and by a reformulation of legal basis
Katsorchi, Panagiota. "Le réseau des règles de droit international européen de la concurrence". Thesis, Lyon, 2020. http://www.theses.fr/2020LYSE3031.
Far from being a patchwork, the rules composing the international dimension of EU competition law and policy form part of a normative network. It is a star-shaped network – with the European Union in its centre – composed of rules of competition law adopted by the European Union and its partners. An analysis of those rules and of the international instruments that create them demonstrates that that network evolves in a way which balances rules on cooperation between competition authorities and rules on substance. Those rules can be effective, depending on the way they apply in litigation between undertakings by national courts and by the way they facilitate conflict management and incite cooperation between competition authorities. The purpose of this study is to demonstrate that the normative activity undertaken by the European Union has led to the creation of a coherent network of rules and forms the basis of a judicial sphere including rules that can tackle anticompetitive behaviours and mergers that would otherwise have escaped national control
Touati, Abdenour. "Le partenariat, en tant que concept juridique du développement, au sein du système international". Thesis, Montpellier 1, 2012. http://www.theses.fr/2012MON10003.
The subject deals the partnership, its emergence and its juridical range, as the temporal scope of this descriptive and analytical approach, covers both, the eve and the dawn of the third millennium, therefore, this approach related to the partnership within the international system, based especially on the pre-United Nations instruments in particular the pact of the League of Nations, and the united nations instrument, especially the Charter of this organization and the Millennium Declaration, which generate the Millennium Development goals In particular, the eighth goal, related to establishment of a global partnership for development. These two instruments and more others with dogmatic and thematic kind, are evaluated and refined by much more pragmatic documents, that is the, 2005 world summit outcome document, so the juridical nature is better combined with worldwide socioeconomic impact and its applications on a regional, multilateral and bilateral partnership . Thus, the thesis tries modeling the most consensual guidelines partnership, this recent and little consensual notion
Escudey, Gaëtan. "Le couple en droit international privé : contribution à l’adaptation méthodologique du droit international privé du couple". Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0301/document.
The liberal influence in Family Law and the rise of individualist ideology have led to a multiplication of conjugal life forms and considerably increased the diversity of laws and methods applicable to couples in International Private Law. To analyse couples under International Private Law leads us to rethink the International Private Law of the Couple. Deconstructing this subject brings to light the current non-adaptation of the classic conflict of laws method and the insufficiency of the recognition approach. In fact, current International Private Law as it pertains to couples neither guarantees the international recognition of theconjugal bond nor ensures a coherent legal treatment of legal problems faced by international couples. It is therefore necessary to examine a possible methodological evolution of thesubject. This study aims to demonstrate that it is possible to adapt the classic conflict of lawsmethod by taking into account the objectives of the recognition approach whilst founding iton the lex auctoritas rule. This would not only bring better coherence to International Private Law of the Couple but it would also assure a real legal stability for international conjugal relationships
Nikolaeva, Desislava. "Le droit de la diplomatie préventive : étude de la règle de prévention en droit international public contemporain". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA009.
International law regulates States’ diplomacy for the purpose of preventing insecurity, and, by extension, armed conflicts. Accordingly, the law of preventive diplomacy reflects, in a sense, the idea that prevention of imminent risks of serious material damages defines a general principle of international law. The assertion of such a principle is based on an inductive analysis of the major treaties on collective security concluded between 1899 and 1945. It is verified in light of their application by Member States of the League of Nations and, since 1945, of the United Nations. The general nature of this principle is deduced from a combined study of the jurisprudence of a number of international courts and tribunals in various fields of international law. Those findings support the idea that individual and collective efforts of conflict prevention are subject to the respect of a general legal regime governing the current international system of peace-maintenance and collective security
Duquette, Marc B. "Les questions de compétence internationale des tribunaux québécois soulevées par le recours collectif multi-juridictionnel : pragmatisme ou cohérence théorique". Thèse, 2003. http://hdl.handle.net/1866/2365.
Multi-jurisdictionnal class actions raise several questions of jurisdiction. As a result of the specificity of both class actions and the law of class actions, private international law and constitutional law applicable to jurisdiction may be invited to adapt to the new trend of multijurisdictional class actions. The transformation of these sectors of the law to take into account the reality of class actions is the subject of this thesis. This study primarily seeks to determine the nature, scope and opportunity of the transformation of Canadian constitutional law and Quebec's private international law to account for national class actions. This study reaches the conc1usion that this influence is significant outside the Province of Québec, that it may, according to the circumstances, be justified or not and, most importantly, that the equilibrium between these three sectors of the law should be settled by the Supreme Court of Canada in order to dissipate the uncertainties arising therefrom, uncertainties that continue to be costly for multiple claimants or defendants.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de LL.M. en droit des affaires"
Poissant-Lespérance, Clara. "La compétence internationale des tribunaux dans les poursuites civiles contre les sociétés transnationales pour violation des droits humains : une critique de la jurisprudence québécoise". Thèse, 2014. http://hdl.handle.net/1866/12455.
Internationally, there is no specific forum to institute civil proceedings involving the violation of human rights by a transnational corporation (hereafter, « TNC »). Therefore, national courts remain the appropriate legal venue for hearing private international legal causes. However, home state courts are reluctant to recognize and exercise their competence in this type of litigation, whereas host state forum often lack effective governance. Victims are therefore often left with no adequate forum where their request for damages can be addressed. The purpose of this thesis is to research and elaborate different arguments that may change the currently preferred interpretation concerning the competence of Québec courts based on two landmark rulings on the activity of TCNs in foreign countries: Canadian Association Against Impunity (CAAI) v. Anvil Mining Ltd., and Recherches Internationales Québec v. Cambior Inc. In the first chapter, the rules that form the basis of the competence of the Québec authorities will be described, as well as the principles underpinning them. The second chapter is devoted to a search for arguments within the body of foreign case law. The third chapter presents the theoretical arguments found in the field of global law. Several theoretical propositions will be examined in order to further explore the problems associated with the lack of jurisdiction affecting the victims of human rights violations by TNCs. This theoretical contribution will also serve to justify the role of private international law in obliging TNCs to respect human rights standards.
Devost, Catherine. "Quand le problème est de définir le problème : les compétences mobilisées par les acteurs de la problématisation des projets de stage de coopération internationale". Thèse, 2009. http://hdl.handle.net/1866/3342.
This study was realized within the framework of a master’s degree in Design and Complexity. It tries to demonstrate the importance of problem building in projects, allowing the action to be in coherence and in relevance with the context where the project takes place. From now on, we consider that the value of the project cannot be satisfied on the only basis of its efficiency, which means the concordance of the results with planned objectives. Consequently, this analysis relies on the assumption that problem building uses specific competencies usually unused compare to others steps during the process of project building. In this regard, an exploratory research was carried out on this subject with the objective of identifying skills during problem building, and more specifically identifying those competencies within a particular project, which are the international cooperation projects. To get there, we realized a table of reference of skills and competencies by using a case study that we did. That case study was based on small projects managed by international cooperation groups in Quebec. The use of both “instruction to the double” and research-intervention techniques allowed us to conclude to the following results: problem building needs specific skills of management of the information and mediation. The main skills of problem building are: the capacity of generating the availabilities of projects from primary and secondary data; the capacity of choosing and justifying these choices according to data analysis; the capacity of presenting clever written information, respectful of the ideas of the partners according to the language of project used by the public whom addresses the proposition; the capacity of using the comments of appraisers to improve a project and be capable of leading a project. vii The main contribution of this research lies in the proposition of a precious tool for the recruitment and the selection, the evaluation and the formation of the actors that conduct problem building.
Paquin, Carolyne. "Les lois canadiennes sur l'extradition et l'entraide judiciaire en matière pénale : à la recherche de l'équilibre entre les droits de l'individu et la coopération internationale". Mémoire, 2011. http://www.archipel.uqam.ca/4004/1/M12080.pdf.