Дисертації з теми "Droit de l'humanité"
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Le, Bris Catherine. "L'humanité saisie par le droit international public." Bordeaux 4, 2010. http://www.theses.fr/2010BOR40043.
“Crime against humanity,” “elementary considerations of humanity”, “common heritage of mankind”, but also “human dignity,” “human security,” “human development,”. . . : Henceforth “humanity” has been absorbed by international law. This study aims at analyzing, thanks to the method of “open dialectic”, the scope of this concept within the international legal order. The purpose is mainly to identify its normative effects and to specify how it is linked up with other concepts (“sovereignty” in particular). The opinion defended here is that humanity complicates the international legal order, but does not change it drastically. Indeed, even though humanity is a fundamental principle of international law, it is not considered as a legal person of international public law. As a fundamental principle, humanity profoundly shapes human rights, humanitarian law, laws on bioethics, international criminal law, environment and spaces law while hustling laws on treaties and international responsibility. Nevertheless, humanity remains a passive subject in international law: although entitled to rights it lacks the representation that would enable it to exercise them. Creating a centralized institution is neither possible nor to be wished for. Nowadays, to a larger extent, states guarantee the rights of humanity. However this solution is unsatisfactory: enforcing those rights should be incumbent to multiple representatives, which implies the existence of a genuine human community
Atbaiga, Faraj. "Les crimes contre l'humanité : entre droit et politique." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D002.
The notion of crimes against humanity asserted itself after the Second World War. It took a new dimension in the bend of the 90's, after the Rwandan genocide, then the crimes committed against the Albanian civil populations in ex-Yugoslavia. Those events fed the debates, raised anxieties, and seem to have woken the " humanitarian consciousness " of the " international community ". This awakening also coincides - and it is not a fate - with the end of a bipolar world (fall of the Berlin Wall, collapse of the USSR and dislocation of the countries of the east block). So, the resurgence of the concept of crimes against humanity intervenes in a world in deep break; a break which produce its effects on the sense, the definition and the impact of the concept. In other words, the idea of crimes against humanity spreads in an unstable world where the right, more than ever, collides with the sovereignty of States and with the strategic and geopolitical interests of "Powerful", as shows of it the difficult gestation of the International Criminal Court (CPI). More concretely, the balance of power holds an important place and continue to rule the international relations, even in a domain which, in theory, should be consensual: the crimes against humanity. In this context, it is not surprising to see certain countries accused of crimes against humanity (Sudan, Somalia, Serbia, Libya), wheras others crimes and tortures (those committed in the Palestinian territories or by the American army in Iraq...) remain unpunished. This theme, basing on the idea that the power of right collides with the law of the strongest, could justify the idea according to which the concept of crimes against humanity is far from being a completely neutral concept. From there ensues the formulation of our hypothesis: while the crimes against humanity appear as a concept in search of identity, its application turns out difficult and seems to vary according to circumstances (variable-geometry)
Zeumeue, Sime Rose Nicole. "L' intérêt général de l'humanité et le droit international de l'environnement." Limoges, 2004. http://www.theses.fr/2004LIMO0527.
Danlos, Julien. "De l'idée de crimes contre l'humanité en droit international." Phd thesis, Université de Caen, 2010. http://tel.archives-ouvertes.fr/tel-00541833.
Del, Rey Joséfa-Marie. "Droit des biens et droit de l'environnement : (apports réciproques, plus particulièrement au regard des droits réels)." Paris 1, 2002. http://www.theses.fr/2002PA010335.
Fayard, Annick. "Le patrimoine commun de l'humanité : une notion à reformuler ou à dépasser ?" Dijon, 1995. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/848ccc61-17fb-41a7-b2d9-363ebfa5d7e2.
The common heritage of mankind is a legal concept of limited range. Born of a clash of views, it is today relevant only in specific fields. Even there, the legal status of the concept remains heterogeneous and ambiguous. Yet it may bring new ideas, such as the admission of the necessity to give mankind the first consideration or the need of a rational management of the common property resources, ideas which may take their part in the building up of an alternative to the dominant narrow economic approach. In view of the problems of our age, many authors and actors of the world society call for a new world order of mankind allowing men and nature to live and thrive. A prospective and future minded management has given its first fruits in Australia when applying the world heritage convention of Unesco, thus showing the way toward the birding of cultural gar and an ecologically sustainable development. For environment is - so stress the authors - the main field where the concept would be fruitful. Meanwhile the current unfavorable state of mind, without totally rejecting the idea, has done its best to strip it of its most innovating aspects
Labrot, Véronique. "Réflexions sur une "incarnation progressive" du droit, l'environnement marin, patrimoine naturel de l'humanité." Brest, 1994. http://www.theses.fr/1994BRES5001.
Olaka, Jean-Michel. "Le droit à l'eau." Lyon 3, 2008. https://scd-resnum.univ-lyon3.fr/out/theses/2008_out_olaka_jm.pdf.
The concept of right to water made its appearance in the legal language on!y in 2002 by the adoption of the general Observation no 15 of the International committee relating to the economic rights, social and cultural. However, one finds very old traces of his recognition in the texts, especially in articles 11 and 12 of the international Pact relating to the economic rights, social and cultural of 1966, in the international Pact relating to the civil laws and policies of 1966 and in the Universal declaration of the human rights of 1948. Years 1970 are remembered by the multiplication of the reference to the right to water, then set up in basic right, whose expression is relayed in the practices. In spite of this implicit recognition, the right to water is the subject thus at the same time of a procedural but also jurisdictional protection, thanks to the influence of the doctrines and under the determining impulse of the European Convention of the human rights. This first procedural guarantee must however be supplemented by the second, which that of a protection of the right to water by the means of others of the man is guaranteed The right to water if is recognized remains sometimes dead letter, and this in a timorée or limited way. On the second assumption the guarantee of the other guaranteed rights can restore the right to water because, this last is a condition of effectivity of right-freedoms. On the fîrst assurmption, such a protection preventive or is only Iimited
Jurovics, Yann. "Le crime contre l'humanité : tentative de définition à la lumière du droit international et des droits internes." Paris 1, 2001. http://www.theses.fr/2001PA010251.
Rahal, Houria. "L'intégration de la notion de patrimoine commun de l'humanité dans le droit international contemporain (d'après les travaux de la troisième conférence des Nations Unies sur le droit de la mer)." Aix-Marseille 3, 1991. http://www.theses.fr/1991AIX32021.
The aim of this study is the analisys of changes which would result of the implementation of the concept of common heritage of mankind in international law. Although the concept has been suggested for other fields, it is about the marine ressources that raised most of questionings because of perspective of explitation of these resources. The system of exploitation must be carried out withpriority to the needs of developing countries which do not have the technology and funds which are required to exploit. So the future regim must fill the gap. The international law has to take on a fonction of change while generally it assumes a fonction of conservation. In this study, we try to bring to the fore mechanisms of formation of internanational law and the limits to its change capacities in the frame of third united nations confernce on the law of the sea. According to the aims of the concept, two peculiar pointd will be analised : the participation to exploitation and the effetcs of the exploitation on developing countries. For the first point, in spite of unquestionable progress, the developed countries interprises will monplize exploitation. The effects on development remain doubtful. So the evolution of international law obeys to relativism. In the same time, the limits to function of change of international law appear
Degroote, Fabrice. "Droit de la mer et souveraineté de l'État." Paris 1, 1996. http://www.theses.fr/1996PA010254.
After the second world war, the world's seas and oceans progressively evolved from open areas of unhindered transportation and economical exploitation to attractive and highly coveted new business frontiers. Coastal states were primarily interested in asserting their legal and economical rights over mineral and seafood resources. A new law of the seas was enacted which paved the way for nationalism and unilateralism at sea. The 70s saw this "nationalistic" trend build up on the part of coastal states. In the aftermaths of decolonization, the seas were essentially perceived as a means of national development, prioritarily aimed at the populations. As territorial claims were pressed during the 80s, maritime territories shaped up. Will the 90s be regarded as the years of an internationalization of sea resources? Will they permit recognizing that mankind has common rights over the universal assets which unappropriated seas and related resources constitute? Or will they rather evidence a new progression of nationalism towards the high sea?
Liwerant, Sara. "L'aporie du droit face à la logique meurtrière des crimes contre l'humanité et des génocides : approches criminologique et anthropologique." Paris 10, 2004. http://www.theses.fr/2004PA100172.
This research articulates a criminological analysis perpetrators act of crimes against humanity and genocides with an anthropological analysis of international penal law's response. The analysis of collective "execution of the act" is carried out on the basis of the marks of the crime and of the discourses of the criminals. The mechanisms of the criminal process reveal that the suppression of the prohibition is institutionalized : law is confronted to a genuine "norm of murder". Confrontation with the crime unveils the representations that impose themselves on law. Confronted to an "unsayable" which is not that of the murder, law reconstructs the references, paradoxically on the premises of the logic of murder itself. The emergency to reinstaure the prohibition by international penal law leads to the necessity to renew a concept of law whose implicits are at the core of the paradox of collective murders. International penal law's explicit mission to restaure peace must be in line with the conceptions of law of its addresses
Teran-Perez, Yura. "Les disparitions forcées ou involontaires." Montpellier 1, 2003. http://www.theses.fr/2003MON10006.
Lestang, Véronique. "Droit de la mer-droit de l'espace : vers un droit unitaire des espaces internationaux ?" Paris 1, 2001. http://www.theses.fr/2001PA010267.
Shin, Hongkyoon. "Les activités commerciales dans l'espace extra-atmosphérique et les justifications par rapport au principe de respect des intérêts de l'humanité." Paris 1, 1990. http://www.theses.fr/1990PA010274.
Starting from an abstract legal terms rooted deeply in political considerations, the idea of using the outer space for the benefit of all mankind has been developed into being a legally binding principle. While being asserted divers expressions, it is the principle of respect of humankind's interest which might in the best way represent this idea. Legal construction of principle has been done mainly in three contexts; theories about space law, various space applications, and management of natural space resources. Non-discriminatory distribution of the benefit from space technology has been endorsed as the best way to promote humankind's interest so that it is reflected in legal terms in many space related national laws and international documents. Commercialization of space activities brings about renewing of the meaning of the principle. In that respect, status of commercial activity in outer space is analyzed, in that the regime of distribution of the benefit in the system of pursuit of the profit by private entity is different from that in public service system. In conclusion, the identical feature of space law lies in the application of the principle to space activities
Kante, Bocar Oumar. "Droit du patrimoine culturel en Afrique." Paris 1, 2010. http://www.theses.fr/2010PA010312.
Côté, René. "Droit international et développement technologique : aspects stratégiques et économiques." Paris 10, 1988. http://www.theses.fr/1988PA100117.
Technological evolution have always influenced the development of international public law. With the entry of humanity in the era of high technology, this influence is becoming more and more systematic as well on the side of rull-making issues, as on the side of substantive rules of international law newly adopted. If the management of strategic technological issues of international law is let to the control of the super-powers, technological progress have also permitted the growth of new forms of international law for economic cooperation
St-Michel, William. "Le lien entre les actes incriminés en tant que crimes contre l'humanité et l'attaque généralisée ou systémique: Qui trop embrasse peut mal étreindre." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/30216/30216.pdf.
Acts penalized as crimes against humanity under the statutes of the international criminal judicial bodies can be distinguished from crimes punished under national law by the fact that they form part of a widespread or systematic attack directed against a civilian population and that they are committed with knowledge of such attack. Though crucial, the requirement relating to the nexus between the underlying act and the attack has been scarcely addressed by the case-law of the international criminal judicial bodies. This thesis aims to delineate the nexus requirement. In the first two chapters, we will analyze the material and mental aspects of the nexus requirement. Considering that crimes against humanity involve a plurality of participants, we will determine in the third chapter whether the guilt of an accused who is not a material perpetrator depends on the proof that his / her own conduct and knowledge were related to the attack.
Abikhzer, Franck. "La notion juridique d'humanité." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32004.
The notion is as much pregnant as ambiguous. It sprang derogatively from concepts such as crimes against Humanity or, more happily, common heritage of manking, so as to turn more elusive and bring in the question of the entity's juridical personality. The notion also bears each invidual's higher valve, just because he belongs to the human community. Through the bioethic view, the notion found itself in the center of the law game, wedging itself in at every level within the normative hierarchy. Its many proteic declensions within the normative landscape ought never to allow any irredentism to get hold of the notion, with a view to finding some righteousness in it, that might lead to overdo it. The notion may turn into a normative matrix liable to generate true benefits as regards protection, as far as integrating it proves coherent and rigorous
Jeangène, Vilmer Jean-Baptiste. "Au nom de l'humanité? : histoire, droit, éthique et politique de l'intervention militaire justifiée par des raisons humanitaires." Thèse, Paris, EHESS, 2009. http://hdl.handle.net/1866/4242.
Military intervention justified on humanitarian grounds is a constant of the international order, designated by different names: “intervention d’humanité” in the nineteenth century, humanitarian intervention in the English-speaking tradition, “droit” or “devoir d’ingérence” in France, responsibility to protect the last few years. The aim of this interdisciplinary dissertation is to understand this complex phenomenon in all its dimensions - historical, legal, ethical and political - and develop a realistic theory of intervention by the analysis of five criteria: just cause, legitimate authority, right intention, last resort and proportionality. We show that realism is not an amoral conception of foreign policy but an epistemological commitment to analyze international relations as they are rather than as we would like them to be. That so-called humanitarian intervention is not, contrary to a widespread prejudice, a recent phenomenon, or even inherited from the nineteenth century. We can trace its genealogy in several millennia in many cultures. That none of the terminology used is satisfactory. That one must abandon the criterion of good intention because the intervening state is not, cannot and should not be disinterested. That it is possible to defend a minimal interventionism, in some cases and under certain conditions, while assuming the lack of disinterestedness, the selectivity of interventions, the risk of abuse and the uncertainty of the result.
Réalisé en cotutelle avec le Centre de recherches politiques Raymond Aron de l'Ecole des Hautes Etudes en Sciences Sociales (EHESS) de Paris, pour un doctorat en études politiques.
Salam, Raman. "Le rôle des enjeux économiques dans l’établissement du nouveau droit de la mer à la troisième conférence des Nations Unies en 1982." Nantes, 1992. http://www.theses.fr/1992NANT4005.
Through out the centuries, thekingdoms, the states and the empires, in that period, only fough amongst themselves in order to obtain land, nowadays, on the ever increasing width of the sea, the powerful countries, like theil smaller conterparts, try hard to project thiers rights on the riches of the sea. The different configurations on marine geology are invoiced by several states tojustify what they called their "natural rights", in order to own the full depth of the sea, above all if they suspect the presence of crude oill. The leaders of this dispute have become even more numerous because the decolonisation has created in increase of smaller countries and islands. The general expansion of the rights of inshore countries on the oceans space results in the advanced technology, of extensive exploration and exploitation, which have made the rules of the geneva convention of 1958 obsolete. The last new-york convention in 1982, on the international maritime law, made legal to "those economical zones" -stated in the above- by creating what is now calls "exclusive economic zones", an area of 200 nautical miles (370 km) in which natural and mineral resources, belong to the rights of the
Jacquelin, Mathieu. "L'incrimination de génocide : étude comparée du droit de la Cour pénale internationale et du droit français." Paris 1, 2010. http://www.theses.fr/2010PA010318.
Clément-Fontaine, Mélanie. "Les œuvres libres." Montpellier 1, 2006. http://www.theses.fr/2006MON10037.
Free works does exitst in practice, but it suffers from the lake of legal recognition that would allow its peaceable usage. This works is labelled "free" because anyone may access it and develop it freely. This may seem contradictory in the copyright protection system. Beyond the apparent opposition between the idea of sharing, characteristic of the notion of free work, and the principles governing the copyright, we can outline a fruitful coexistence, that participates in renewing our conception of authorship and creation. Many legal processes, both public and private, combine with the intellectual property regulations to organise the shared use of free works (international contracts and conventions, waivers, collective ownership, the public domain). It is nonetheless a crucial prerequisite to agree upon a unified definition of a free work, that can be stated thus : a piece of work that is evolutive, with multiple authors, as it is possible to copy, alter and broadcast it with no other restrictions than those necessary to guarantee these liberties
Mamouna, Nicaise. "Le noyau intangible des droits de l'homme." Rennes 1, 2001. http://www.theses.fr/2001REN10405.
Guyvarc'h, Aline. "Les aspects juridiques de la protection de la biodiversité." Nantes, 1998. http://www.theses.fr/1998NANT4007.
Recently introduced in the vocabulary, "biodiversity" has now to be accepted by the law. At the crossroad of the environmental and economic interests, biodiversity requires not only measures for the protection of nature but also instruments for the economic development. Many legal mechanisms have already been set up to keep a large part of biodiversity. They are necessary to prevent the genetic erosion. The Biodiversity Convention, signed in Rio, during the United Nations Conference on Environment and Development in 1992, gathers those different measures. Genebanks and botanical gardens take part to ex situ conservation, National parks give wild species in situ conservation. Production laws, particularly in the agricultural sector, reduce environmental nuisances and help to introduce a sustainable development in the society. The law also has to regulate the profit from the products obtained with natural resources (food, cosmetics, medicines). Biodiversity is unequally distributed in the world. Most of it is in the South, but the technology to use it is held by the Northern countries. This dynamic for the appropriation of the natural resources has to be regulated so that a fair sharing of the profit can be ensured. The law has to set up the measures needed to consider biodiversity as an object of conservation but also as a main line for development
Garibian, Sévane. "Le crime contre l’humanité au regard des principes fondateurs de l’état moderne : naissance et consécration d’un concept." Paris 10, 2007. http://www.theses.fr/2007PA100103.
The development of the concept of crime against humanity reflects the efforts of the juridical actors to exit a deadlock, by trying to conciliate concepts bearing a priori contradictory implications. The penal condemnation of acts depending of a state criminality independent of international armed conflicts, whose impunity would be unacceptable from a moral perspective, clashes with the founding principles of the modern state, whose violation would irreparably jeopardize the independence and the power of the state, particularly concerning the right to punish. The complete fulfilment of the concept of crime against humanity is only possible through the absolute respect of the principles that its use was supposed to hinder. Initially a constraint, the respect of the principles of the modern state becomes a justification. The observed switch is, by the way, evidence of a new conception of the state
Boucetta, Abbès. "Le statut du patrimoine culturel en droit international : contribution à l'étude de la notion de patrimoine culturel de l'humanité." Aix-Marseille 3, 1989. http://www.theses.fr/1989AIX32006.
The statute of the cultural patrimony is not to be found in a code. It is to be discovered in scattered legal national and international instruments. The misdeeds of wars and of all kinds of armed conflicts, the foreign occupation man's and time's damages, the spoliations the illicit transfers of property of cultural patrimony are so important and so numerory that they concern all the countries. The international community, in all its components, reacted to help the states to insure the protection and thes safeguard of their cultural patrimony, especially those which present a universal and exceptional interest. This protection should exist in peaceful time as well as in wars. This research and synthesis work establishes the statute of the cultural patrimony in international law, and its material and nonmaterial contents, its also draws the main lines and the main pronciples of the law mechanismes which preside over the imperative of protection and safeguard of all the cultural heritage, of all the oral and non-oral traditions that are devoted to humanity, for they constitute the cultural patrimony of the nations
Figueira, Tonetto Fernanda. "Pour une suprématie du droit international dans la protection de valeurs intangibles de l’humanité." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020031.
Because of World War II, international institutions have created a set of rights related to the essence of the human condition that are as intuitive as to systematize. The close relationship between international law and the protection of intangible values of the human community as a whole has its sources from this emergence. Indeed, these values were identified in the light of philosophical and legal constructions about the concept of humanity until the moment when it became protected by the customary and conventional international law. On the one hand, this protection came from the international criminal law and its enlightenment about the conception of crime against humanity and genocide, in a manner that it enabled the identification of the meaning of serious violations. On the other hand, this protection came likewise from international human rights law, in which it took care to safeguard the individual either as a singular and collective human being, as well as of the fundamental rights to the preservation of its human condition. The hardest problem that is presented here is about the difficult interactions between international law and national law. This problem is aggravated by the heritage left by the classic international law paradigms, which leads us to seek the answer concerning how the States react or how States must react when international law aims to safeguard these core human values. In this thesis, we seek to demonstrate that the protection exercised, especially on the basis of prohibitions, places international law in a position of supremacy linked to its character of jus cogens, in order to impose obligations over both States and individuals
Gervier, Eric. "Étude sur la notion d'équité et ses implications dans le partage des ressources et des espaces en droit international." Paris 1, 1998. http://www.theses.fr/1998PA010314.
Equity is one of those higher notions whose objective is to give effect to an ideal of justice. To this end, it assumes a close relationship with values such as morality, as well as principles transcending positive norms such as those of natural law, in order to give a human touch to the general corpus of written rules. As a result, equity may sometimes be seen as an extra-legal notion emaning from a set of ethical rules (equity extra legem), while at other times it may be understood as an instinct, intuition, inherent in human nature, whose purpose is to interpret the systematic and formal demands of the law (equity infra legem). But in every case, its influence can only be felt in relation to the law, in its connection with the law, in helping to develop or bend an abstract principle and correct or mitigate the strictness of its application, as appropriate. Focused on international practice, these complexions of equity are apparent in areas such as the allocation of common human resources, as well as in the area of boundary disputes. The former inspires the development of norms in a way that suggests a content which is in keeping with the aspirations of common social justice. The latter combines all its skills in composing, completing or supplanting an insufficient, inappropriate or injust normative context, or more simply in adapting it to real life situations, if it turns out to be too general, albeit judicious
Viñuales, Jorge Enrique. "Le juge face aux crimes internationaux : enquête sur la légitimité judiciaire." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0005.
The study explores the theoretical and historical sources of judicial legitimacy in the Western world. The starting point of the inquiry is provided by the current development of international criminal justice and, more specifically, the rise of the principle of universal jurisdiction. After an initial exploration of the delicate issues raised by universal jurisdiction with regard to judicial legitimacy, the author shows that, notwithstanding the myriad efforts to ground judicial legitimacy on popular sovereignty, the former cannot be utterly reduced to the latter. Universal jurisdiction thus provides a particular angle to observe the power of judges without succumbing to a democratic bias. What we see is a judiciary who benefits from a legitimacy of its own. Such legitimacy is not derived from the sovereign's, nor is it a mere portion of an indivisible sovereignty. Rather, it is a legitimacy on its own right, based upon a myth deeply rooted in Western cultures, according to which judicial pronouncements are vested with divine infaillibility. This would explain why judges are sought to decide issues that seems to be beyond human matters. Indeed, judicial legitimacy remains a powerful ressource irrespective of any link to popular sovereignty. This is why the judge can render justice over international crimes
Bioum, Ihana Angèle. "L'unesco et la protection internationale de l'environnement : contribution a l'etude de la formation et de l'evolution du droit international de l'environnement." Paris 1, 1998. http://www.theses.fr/1998PA010322.
Unesco, the intellectual cooperation organization of the united nations system, has elabored new standards and has created an evolution of international environment law in order to protect the environment. So, unesco is involved in the enlargment area of this law and the creation of new concepts. However, the states keep a margin to appreciate the application of the international texts. This thesis gives a definition of the unesco's technics in order to give a real effect to the international environment standards, for instance unesco's standards and standards of the rio of janeiro summit in 1992. The standard have to be applicated by members states and the thesis identify political, economical and social factors which influence their application. In last, new legal actions of control appear in order to invite members states to respect their commitments
Skoko, Andrej. "Le capitalisme de guerre : le droit pénal canadien face à la participation des compagnies aux crimes de guerre, crimes contre l'humanité et génocide." Thesis, Université Laval, 2011. http://www.theses.ulaval.ca/2011/28482/28482.pdf.
Frediani, Sophie. "Les juridictions pénales internationales et les États : étude du face à face." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40044.
Chambe, David. "L'ambigui͏̈té morale du droit international contemporain : la société internationale au défi de l'universel." Lyon 3, 2002. http://www.theses.fr/2002LYO31009.
Tavoso, Marie-Aude. "La définition des éléments constitutifs des crimes contre l'humanité, du génocide et des crimes de guerre : la nature de l'infraction internationale." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32048.
During the last ten year, international criminal law been characterized by a rapid evolution that raises some important questions. Despite the adoption of new rules incriminating crimes against humanity, genocide and war crimes and the exercise of jurisdiction over these crimes at the international and national level, the concept of international crime remains uncertain. A comaprative analysis between the heterogeneous sources of law and the different definitions of actus reus and mens rea is necessary to establish a practical criterion that distinguishes international crimes stricto sensu from common crimes. It appears in this study that there is a recognition of the collective nature of international criminality and a common evolution in crimes against humanity law and war crimes law towards a particular conception of culpability and criminal conduct and major specificity
Renaudie, Virgile. "L'articulation du droit international et du droit français : illustration par les responsabilités du militaire et de l'Etat français en cas de commission de crimes contre la paix et la sécurité de l'humanité." Limoges, 2005. http://www.unilim.fr/theses-doctorat/2005LIMO0504/html/index-frames.html.
The establishment of the International Criminal Court, on July 1st 2002, is the outcome of a movement for prosecution of international law crimes, initiated at the beginning of the 20th century. The establishment of this jurisdiction according to the standards of criminal law, and the identification of a tough core crimes and values are real factors for a transformation of international society. They encourage to revalue the degree of evolution and the rules of functioning. The example of the responsibilities of the military and the french State in case of perpetration of crimes against peace and security of humanity makes a hypothesis which allows to appreciate the challenges that national and international institutions will have to take up in a very particular field. The increasing relationships between international society and national societies points at interactions between the rights and the institutions. This fact prompts to consider a new definition of juridical systems concerning the responsibility of the individual and of the State, as well as the articulation of various interacting rights and the possible rationalization of the cooperation between national and international jurisdictional structures
Bouvier, Charlotte-Lucie. "La mémoire et le droit des crimes de guerre et des crimes contre l'humanité depuis la seconde guerre mondiale : comparaison Allemagne fédérale / France." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3018/document.
Contrary to the popular belief that the time clears injuries, the finding must be made of the omnipresence of the memory as a matrix of guidelines decided by our leaders. Seventy years after the World War II ended, it occupies public space in all its components and drives the adoption of laws recognizing victims and punishing speech of negation. Meanwhile, the legislature must meet its conventional obligations and the requirements of international criminal justice. But again, the political contingencies are strong, which block legal thinking and lead to the creation of controversial provisions. This phenomenon, striking in France, is less at our german neighbor, yet reliant on a heavy legacy memorial. This observation may surprise those who do not consider the joint but divergent evolutions of the two states since 1945, on the « treatment » of international crimes by nature and their consequences ; hence the usefulness of a transverse, historical and comparative approach to these issues
Trichet, Florie, and Florie Trichet. "La spécialisation de la poursuite du génocide, des crimes contre l'humanité et des crimes de guerre : étude comparée des systèmes canadien et français." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27463.
Le présent mémoire propose une analyse comparée des systèmes canadien et français relativement à la poursuite des crimes internationaux. Ces deux États ont adapté leur législation et mis en place, à des années d'intervalle, des unités spécialisées dans la poursuite de ces crimes. De telles poursuites portant sur des faits commis dans un État étranger plusieurs années auparavant, des questions principalement liées à leurs coûts ou aux impacts sur les relations internationales sont prises en compte par l'autorité nationale que ce soit au stade de la décision d'engager des poursuites ou ensuite lors de l'exercice de celles-ci. Ce mémoire se propose donc d'étudier les diverses mesures qui ont été prises par le Canada et par la France dans l'organisation de la spécialisation de leurs poursuites tout en composant avec les difficultés inhérentes à la nature des crimes commis. Les questions de l'existence d'un modèle commun et des évolutions à envisager permettront de nous guider dans les développements de cette étude.
Hardjito, Hapsari. "La préservation des forêts en droit international." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D055.
The global forest are nowadays covers approximately 4 billion hectares i.e. equivalent to 30 per cent of the world's land area. Global deforestation has continued at an alarming rate since the end of the last century, espacially in tropical zones. The global challenges of forests loss are enormous on all levels : economic, social, biological and ecological. The legal status of forests as the natural property of States and the undeniable application of the principles of permanent sovereignty over natural resources explain the non-consensus among States to ensure universal protection of forests by treaty. However, there are heterogeneous and more or less soft international rules, broken down in several international instruments addressing various environmental issues that benefit forest conservation. The preservation of forests is increasingly conceived from a sustainable development perspective. With regard to the place of forests in the rules of international trade, it remains fragile and torn between two objectives that seem to be contradictory : economic development and protection of the environment. A global governance for forest protection is thus being developed through new paradigms, including the development of forest certification norms emanating from environmental NGOs. This study is part of a re-examination of the legal status of forests, taking into account their vital role for the planet, particularly between the balance of the global climate, and calls for the recognition of forests as vital resources
Bellivier, Florence. "Le patrimoine génétique humain : étude juridique." Paris 1, 1997. http://www.theses.fr/1997PA010291.
Is it possible to base a legal construction for genetic human resources on legal concepts of patrimony, even though the law of 29 July 1994, which incorporates the human body into the civil code, expressly declares that neither the body nor its parts can be the subject of a property right ? This thesis adresses this paradox in three parts. The first part surveys existing caracterisations of individual and collective genetic inheritance, in legislation, case-law and scholarly writings. From exclusion of ownership to exclusivism, these caracterisations of the genome are full of contradictions, of which the embryo is paradigmatic. That is why it is urgent to override the summa divisio between things and persons and why the notion of patrimony may be fructul, since it is the extension of legal personality in the realm of things. The second part of the thesis consists in an analysis of the two main theories of patrimony, on the one hand Aubry and Rau's conception (the patrimony as corollary of legal personality), on the other hand the German theory developed by Brinz (the patrimony is constituted by its aim), both of which may be exploited from a modern perspective. It thus becomes possible, in the third part, to put forward some elements for constructing a set of legal rules for genetic resources. The notion of inalienability seems essential because it is the only one which can logically structure the transactions sphere of which the body forms a part. In contrast, the concept of transmission is much too vague to be really relevant in this field, except through techniques such as the charitable trust which may provide a pragmatic framework for organising research of the genome. Finally it is possible to give an affirmative answer to the initial question while being aware of the need to give further thought to the concepts of identity and origin
St-Michel, William. "Le lien entre les actes incriminés en tant que crimes contre l'humanité et l'attaque généralisée ou systématique : qui trop embrasse peut mal étreindre." Master's thesis, Université Laval, 2013. http://hdl.handle.net/20.500.11794/24614.
Acts penalized as crimes against humanity under the statutes of the international criminal judicial bodies can be distinguished from crimes punished under national law by the fact that they form part of a widespread or systematic attack directed against a civilian population and that they are committed with knowledge of such attack. Though crucial, the requirement relating to the nexus between the underlying act and the attack has been scarcely addressed by the case-law of the international criminal judicial bodies. This thesis aims to delineate the nexus requirement. In the first two chapters, we will analyze the material and mental aspects of the nexus requirement. Considering that crimes against humanity involve a plurality of participants, we will determine in the third chapter whether the guilt of an accused who is not a material perpetrator depends on the proof that his / her own conduct and knowledge were related to the attack.
Delfour, Odile. "La conservation des espèces menacées d'extinction : étude de droit comparé : Espagne, Etats-Unis, France, Grande Bretagne, Suisse." Paris 1, 1998. http://www.theses.fr/1998PA010284.
It is now obvious that fauna and flora are more and more threatened. To reverse this trend, governments have tried to develop legal mechanisms. It is nevertheless clear that the prohibition of the taking and trade of individuals animals and plants can not achieve this goal by its own. It's why it is clearly essential that legislator should adress all threats to a species. But, because, theses measures impose restrictions on public freedoms and private property and limits certain activities, they are not always very popular. Or, it is essential to facilitate the acceptance of conservation need by laying down a clear duty for the state and its citizens to preserve biological diversity or, at international level, by using the concept of common humankind which encompasses present and future generations
Moyen, Ngnia-Ngama. "La répression, par les juridictions pénales internationales, des crimes de droit international commis dans les Grands lacs africains." Toulouse 1, 2011. http://www.theses.fr/2011TOU10009.
The repression of the most serious crimes regarding international law has been of continual interest. The trials in Nuremberg and Tokyo undertaken by the Charter of London in 1945 allowed the definition of war crimes, crimes against peace and crimes against humanity which led to establishing the premises of an international penal justice system. The idea of an international justice system is based on, in part, forbidding the recourse to force in international relations and/or internal. It is, therefore, the attempt to rectify the failings of internal judicial systems regarding repression that will be set up by the International Penal Tribunal in the former Yugoslavia in 1993 and the International Penal Tribunal in Rwanda in 1994 and then in 1998 with the International Penal Court. After briefly being used in Arusha in the Penal Tribunal in Rwanda, the situation is quite critical in Africa. Multiple dubious practices (mixing politics and law) used by governments in power and the tightening of internal law underline the limits of the legal structures in international justice. The principle of individual penal responsibility and the fight against impunity are at the heart of this work. The questions asked today are without a doubt the same that were asked in the 1940s : does the legal mechanism created by the international penal courts concerning the repression of serious crimes function ? What are the principle obstacles to applying this system of law ?
Wang, Li. "La Convention pour la sauvegarde du patrimoine culturel immatériel et son application en droits français et chinois." Paris 11, 2010. http://www.theses.fr/2010PA111002.
Thomas, Isabelle. "Droits fonciers et protection de l'environnement : perspectives de résolution du conflit." Dijon, 2005. http://www.theses.fr/2005DIJOD007.
French landed property, instrument of appropriation and control of nature, legitimates the attacks carried to the environment. Consequently, the advent of environmental concerns seems to give rise to the appearance of a conflict of interest and value not easily surmountable. An analytical the of the theory of the abuse of rights, measurements of public law and the environmental contractualisation have underlined the limits of the legal devices of private and public law. The study of the conventional constraints, usufruct and rural leases reveals that environmental use is limited by inadequate legal regulation. Ultimately, the global protection of the environment cannot be reasonably considered without land ownership. The thesis thus proposes to redefine or reconsider the property rights starting from the concepts of durable development, common inheritance of the humanity or the idea of patrimonial management of the environment
El, Gamli Tarek. "La protection pénale des minorités religieuses en droit comparé." Electronic Thesis or Diss., Toulon, 2015. http://www.theses.fr/2015TOUL0092.
Religious minorities are often a component of the population and are characterized by their religious difference that can make them vulnerable to various threats. Ensuring security and stability of societies with religious minorities requires the adoption of specific provisions. The criminal protection, here, represents the most effective legal means, through deterrence achieved by sanctions and measures adopted. This study aims to determine the effectiveness of that protection extended to minorities in terms of foundation and reach, by making a comparison between two different systems in front of religion: the religious system (Libya and Egypt) and the secular system (French). The Statute of the International Criminal Court as a complementary axis, here, is a neutral element in its position nor secular or religious. This comparison will focus on the impact of the legal system adopted regarding the rights of religious minorities
Fall, Astou. "Le traitement juridictionnel du crime de génocide et des crimes contre l'humanité commis au Rwanda." Thesis, Clermont-Ferrand 1, 2014. http://www.theses.fr/2014CLF10451.
The Tutsi genocide in Rwanda is singular in consider genocides of the XXth century. It is true by the number of victims, the speed and methods of implementation and, above all the number of the authors. These are more than one million Rwandan (Hutu) who participated directly in the massacres. Punishment of the massive crimes in a society in search of reconstruction, run into problems of group crime and individual responsibility. The scale and the speak of human tragedy needed specific treatment. Rwandan ordinary courts (replace by customary Courts called Gacaca), International Criminal Tribunal for Rwanda (created by United Nations Security Council) and lastly, national foreign jurisdictions are also begin simultaneously in application of the principle of universal jurisdiction. The interest of our scientific approach lies in the study of multilevel constitutionalism. This raises two obvious questions: What is the relevance of this justice model twenty years after the Rwandan tragedy? What has been the interim review of all the judgments handed down by the different jurisdictions?
Sarajlija, Sanja. "La Bosnie-Herzégovine et le juge international : Les individus de l'Etat face à la justice internationale." Strasbourg, 2011. http://www.theses.fr/2011STRA4008.
Further to serious violations of international humanitarian law committed in the territory of the former Yugoslavia, the Security Council established the International Criminal Tribunal for the former Yugoslavia. The jurisprudence of the tribunal concerning the territory of Bosnia and Herzegovina was particularly important for its contribution to international criminal law. Crimes committed in Bosnia and Herzegovina have not been treated only with regard to individual criminal responsibility, but also in relation to State responsibility. On 26 February 2007, the International Court of Justice issued its judgment regarding responsibility of Serbia for genocide committed in Bosnia and Herzegovina. The International Court of Justice has provided many details on the matter. Thus, for crimes committed in Bosnia and Herzegovina during the armed conflicts, international justice is faced with many complexities. Indeed, in this case, there is the relationship between individual criminal responsibility and State responsibility
Millogo, Yves. "Logique et rhétorique du procès de Nuremberg : nécessités et limites des T.P.I. : les enjeux d'une cour pénale internationale." Amiens, 2005. http://www.theses.fr/2005AMIE0017.
Carter, Raymond H. A. "La procédure devant le Tribunal pénal international pour l'ex-Yougoslavie : nature autonome ou copie d'un système." Poitiers, 2004. http://www.theses.fr/2004POIT3016.