Дисертації з теми "Droit de la mer – France"
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Page, Jeanne. "Du partage des compétences au partage de la souveraineté : des territoires d'outre-mer aux "pays d'outre-mer"." Aix-Marseille 3, 2000. http://www.theses.fr/2000AIX32006.
Повний текст джерелаMonotuka, Dominique. "La notion de spécificité juridique et le droit d'outre-mer : l'exemple de la Martinique à travers le droit de la protection sociale." Poitiers, 2003. http://www.theses.fr/2003POIT3002.
Повний текст джерелаJuniel, Aude-Léa. "L' applicabilité des normes outre-mer." Montpellier 1, 2009. http://www.theses.fr/2009MON10042.
Повний текст джерелаStahl, Lucile. "Le droit de la protection de la nature et de la diversité biologique dans les collectivités françaises d'Outre-mer." Lyon 3, 2009. https://scd-resnum.univ-lyon3.fr/out/theses/2009_out_stahl_l.pdf.
Повний текст джерелаThanks to its overseas collectivities, France enhances its heritage with a great diversity of species and ecosystems, often rare and sometimes unique. However, there are rather serious threats which weigh on this exceptional heritage. In this context, it is essential to evaluate the accuracy of the law of nature protection and biodiversity. The characteristics and legal status of the protection of nature, as well as its influence on the environmental, overseas and public laws, have been analyzed here. It will be shown that in contact with collectivities’ legal diversity – and a fortiori since the 28 March 2003 revision of the Constitution related to the decentralized organization of the Republic – a specific law on nature’s conservation is emerging. However, the efficiency of the overseas law, whether it is an exact copy of the law in Continental France or elaborated in a more autonomous way, still remains limited for the protection of biodiversity. It therefore appears necessary to strengthen the law on nature protection, both in its conception and enforcement. In this respect, an increase in awareness of certain ecological overseas’ specificities (such as being an island, extreme sensitivity to exotic invasive species, coral reef and endemic species, etc. ) could effectively contribute to this reinforcement
Omarjee, Ismaël. "L'Outre-mer français et le droit social communautaire." Paris 1, 1997. http://www.theses.fr/1997PA010325.
Повний текст джерелаWhile French overseas departments form part of the community, French overseas territories and other collectivities, which have a special status, enjoy an internal associatory regime. The influence of this duality of status on the application of social laws of the community is only partial. In fact, the enjoyment by french nationals from overseas of the community rights is regardless the status of their territories. As national of a state member, they enjoy all the rights attached to the free circulation. Those special provisions concerning, firstly, the overseas departments and, secondly, the associated territories would not alter the effects of the nationality and citizenship criteria of the union. However, uncertainties surrounding the meaning of those provisions have give birth to some doubts about the rights of people from the associated territories and hence their enforcement is not always organised. Also, changes by internal and community laws seem to be necessary. The reciprocity between the rights of - people from overseas in the community and those of nationals of member states in the overseas is not equal. The integration of the overseas in the territorial application of the free circulation is only partial. There is, on one side integration of the OD without exclusivity and, on the other side, partial exclusion of associated territories. In the field of social policy, the influence of the duality of status is more apparent. The aid for employment in the OD is achieved through the structural funds, the application of educational policies and the implementation of a policy of differentiation. As far as associated territories are concerned, they receive only the assistance of the edf. Finally community employment law is applicable only to the OD. However, it influences all the associated territories through municipal law
Boyer, Alain. "Le statut constitutionnel des territoires d'outre-mer et l'État unitaire : contribution à l'étude des articles 74, 75, 76 de la Constitution du 4 octobre 1958 /." Aix-en-Provence : Paris : Presses universitaires d'Aix-Marseille ; Economica, 1998. http://catalogue.bnf.fr/ark:/12148/cb367024976.
Повний текст джерелаRéhault, Anne-Estelle. "Le naufrage : les conséquences juridiques de l'infortune de mer en France et en Angleterre du XVIe au XIXe siècle." Paris 12, 2002. http://www.theses.fr/2002PA122006.
Повний текст джерелаMiranda, Guerra Frank Nectali. "Le conflit de lois en droit des transports de marchandises par mer." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD008.
Повний текст джерелаThe international uniformity of the carriage of goods by sea law is characterized by certain deficiencies. For instance, the Hague-Visby Rules are applicable only to the maritime leg, so the operations before and after the maritime leg are not under regulation. Here private international law will determine the law to regulate these operations, but the conflict of laws is generalized and there are very few special rules related to the carriage of goods by sea. To guide the choice between the general and special conflict of law rules, the specific characteristics of maritime contracts have to be taken into account. This research tries to determine the deficiencies in the international uniformity of the carriage of goods by sea law, studies the application of the conflict of law rules to maritime contracts and to show how the specific characteristics of maritime contracts influence the choice and the interpretation of the general conflict of law rules. The research takes into account contract and private international law in France and Panama
Kaplan, Jacques. "L'indivision successorale et l'usucapion en Corse et dans les départements d'outre-mer." Paris 2, 2004. http://www.theses.fr/2004PA020093.
Повний текст джерелаBoutrin, Louis. "Droit de l’aménagement du territoire et statuts constitutionnels des Outre-Mers français : Contribution à la recherche d’une efficience optimale." Thesis, Antilles-Guyane, 2012. http://www.theses.fr/2012AGUY0593.
Повний текст джерелаIntegral part of the French Republic, communities overseas range from corporate identity with the city and looking for some form of self-identity . This feature is its translation into the various constitutional reforms since their inscription in the constitutions of 1946 and 1958. With the constitutional revision of 28 March 2003 on the decentralized organization of the Republic, a new institutional opens for these overseas communities. The referendums on the status of Martinique held December 7, 2003 , then on 10 and 24 January 2010 were part of this logic is in this context of establishing a unique community with a meeting only appropriate to address land issues. Such an approach requires an analysis of key texts relating to planning and legislative developments in this area. It is important to note the willingness constantly expressed by local elected officials to exercise more responsibility especially with regard to land use policies. However, at this level, the role of the state remains as dominant and , despite the decentralization laws. Hence the need for further study of the relationship between local authorities and the state. The comparative approach to legal status of Martinique , Guadeloupe , Guyana, Saint- Martin, French Polynesia , is therefore needed as an essential step in such an analysis
Lanteri, Monique. "L'organisation hospitalière dans les territoires d'outre-mer, étude d'un exemple : le centre hospitalier territorial de Polynésie française." Nice, 1986. http://www.theses.fr/1986NICE0028.
Повний текст джерелаKerdreux, Anne Louise. "L'outre-mer au regard du droit européen et du droit international : evolutions statutaires influencées par le droit européen et le droit international." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0812.
Повний текст джерелаThe Overseas regions, countries and territories present various statuses inherited mainly from the major European Powers which placed them in a relationship of a common interest not only with their mother countries but also with the European Union (EU).However, these territories have continuously re-built between them historical and cultural links, and weaved relationship within the entire Overseas to appear as a constituted whole while negotiating with the EU.The outermost regions (OR) apply Community Law while the Overseas Countries and territories (OCT) situated outside the territory of the Community, have Association Arrangements with the EU.Denmark, France, Netherlands, Portugal, Spain and United Kingdom have proceeded to necessary constitutional reforms to allow numerous articles amendments in respect of right to self-determination of peoples.At the light of statutory amendments and of a continuous economic and social development, the Outermost regions (OR) and the Overseas Countries and Territories (OCT), now wish to assert their rights and to defend their interests at European and International level.Globalisation of policies encourages OR and OCT to gather within International bodies. The rule of law of the related countries opens them to well-structured legal systems and to European values. The outermost geopolitical localisation makes them to have access to international relations.The purpose of this thesis is to demonstrate the interdependence between these different legal systems and the impact of European and International Law on the statutory amendments of the Overseas towards more autonomy, but also liabilities and involvement on their own development by using their regional environment, inter-regional and transnational cooperation and taking part at the works of international organisations
Fidele, Mickaël Poeaheiau. "L' évolution statutaire des collectivités d'outre-mer : l'exemple de la Polynésie française." Aix-Marseille 3, 2009. http://www.theses.fr/2009AIX32027.
Повний текст джерелаThe overseas countries (COM) are the only local authorities able to see their status evolve according to their specificities. When their statutory evolution is an objective, it can lead them into two opposite directions: the assimilation, in which case, they will be transformed into French overseas department (DOM), or the independence, which will lead them to the status of State. When the statutory evolution of the COM is a means, it leads to autonomy which, itself, aims at two objectives : on one hand, reach the equality of the rights with the metropolis, and on the other hand, reach the development. The autonomy of the French Polynesia is interesting because it blurs the logics of the statutory evolution. Indeed, the two objectives quoted previously, are far from being reached in the archipelago, the autonomy became in a sense an aim. A statutory overbid follows which began in 1957 and finished in 2004. Nevertheless, the autonomy not corresponding to a project of society, it was inevitable that a more authentic end substitutes itself for it, namely the independence. The project of thesis suggests approaching successively three logics of the statutory evolution followed by the French Polynesia : the equality of the rights (the decentralization of the welfare state’s functions), the economic, social and cultural development (the transfer of the material competences) and the independence (the acknowledgement of a local citizenship, the reinforcement of the local standard power)
Leroy, Yannick. "Cartographie critique de réalités géographiques : cas de planification de l'espace marin, analyse comparée franco-canadienne." Thesis, Nantes, 2018. http://www.theses.fr/2018NANT2044/document.
Повний текст джерелаThe Marine Spatial Planning (MSP) is the new device from modern states looking to manage marine space within their maritime jurisdictions. MSP relies on the knowledge of some scientific disciplines and the power of geo-technologies (ex. GIS) to inform and map the existing conditions of the sea. Like numerous other normative management frameworks of geographic space, this device uses the acquisition, the treatment and the cartographic representation of the data pertaining to the human (activities) and non-human (ecosystem) world to make decisions, here offshore. A certain geographic reality is hence established by the information gained from this mapping. Yet, in these specific conditions, a "missing layer" was observed: a "social and human landscape" was shaped by fishing activities. Therefore, this research on human geography aims to inform and map this “missing layer” by using exploratory, qualitative, and comparative methods. This allow to make visible another existing and observable geographic reality into the sea. This is a matter of a complex and dynamic gathering of discrete and sensible places, linked by sociotechnical fishing practices, emerging dynamic territories. Also the information and mapping of this “missing layer” therefore permits for the questioning of the real ins and outs of MSP in action, to bring to light spatial justice issues which it does emerge and to open geographic horizons for the mobilization of this other geographic reality. In sum, the information and mapping of “missing layer” are one of the multiple democratic issues of the beginning of this 21th century
Custos, Dominique. "L'adaptation des institutions françaises aux Départements d'Outre-mer : exemple de la Guadeloupe." Paris 1, 1989. http://www.theses.fr/1989PA010290.
Повний текст джерелаSince 1946, in the institutional debate related to the French overseas departments. Adaptation has served as an instrument in the actors varied strategies. If the French development administrative model is assimilated in the overseas departments, the adaptation of the administrative structures to their local environment, is not achieved, and the staff policy lacks socio-cultural rooting
Da, Silva Dominique. "Les aspects juridiques actuels de la sécurité maritime." Paris 1, 1998. http://www.theses.fr/1998PA010280.
Повний текст джерелаHistorically the maritime safety in its full meaning essentially aimed in preserving the ship, men, and goods. People from the maritime world (states, international maritime organization, classification societies) were mainly interested in the technical aspect raised by sea safety matters. Nowadays the international community's growing interest in the protection of the environment helps to better understanding with a new approach on sea security matters. In order to take into account this new concern towards sea environment, the "maritime safety" concept has progressively changed. From now on, the security rules have changed from protecting the ship and human life into preserving and saving the sea world. The maritime safety law evolved punctually and technically all along the occurence of the main sea disasters ("torrey canyon" in 1967, "amoco cadiz" in 1978 and "exxon-valdez" in 1989). The arising of sea accidents showed the limits and the weakness of the existing conventionnal system. It also highlighted the aspects of shipping safety that have to be improved. Today two main priorities have been emphasized by the new security rules. The first one is to reinforce the controls on effective application of international legislation in increasing control powers of port state. The second priority aims to improve the skills of the crew according thanks to the adoption of the ism code and the revision of the stcw/78 convention. However total security does not exist and never will althoug there are plenty of rules concerning this matter. The remaining objective of the maritime security law is to reach the maximum security
Grancher, Romain. "Les usages de la mer : droit, travail et ressources dans le monde de la pêche à Dieppe (années 1720-années 1820)." Rouen, 2015. http://www.theses.fr/2015ROUEL025.
Повний текст джерелаThis thesis aims to analyze the functioning of the world of fishing in Dieppe (Normandy) during the 18th century according to three research fields: labor history, environmental history and legal history. It begins with a presentation of the place, the challenges and the sources of this inquiry. It turns out that the labor field was considered as a “commons situation” that was organized by the actors of the community in order to take possession of the sea resources, in which the admiralty jurisdiction played a key role. It was indeed invested by the fishermen themselves with respect to regulation, certification and legitimization. In the second part, the comparison between petitions or check registers and small claims court reports, provides us with an insight into fishing as an activity regulated by practice, rules and institutions that were recognized by the people from that community. We then examine how fish resources were being concretely owned with a study of the transactions engaged by sailors, skippers and ship-owners’ associations according to a share system. Finally, we see how sea resources were being organized during two different time periods where regulation was very important: between 1720 and 1730, and during the Bourbon Restoration. The analysis of those various controversies – of use, interest or expertise – allows us to understand how laws intended for a general use apply to the specific situations in local communities. This work intends to highlight how norms are created and how they become rules in the Ancien Régime society, where the normative systems are not only concurrent, but also heterogeneous
Sabin, Chantal. "L' application locale de la règle d'urbanisme : les exemples des territoires insulaires Guadeloupe et Martinique." Reims, 2001. http://www.theses.fr/2001REIMD009.
Повний текст джерелаHistory shows that the rules of urbanism were introduced very early in the Antilles. Nevertheless the Urbanism Law applicable to Martinique and Guadeloupe despite the extensions carried out in 1948, was a specific law until the nineteen sixties. The assimilation has thus been progressive, and within the context of decentralisation, for example, only the measures relative to the mountain were not made applicable in the Antilles Departments. Furthermore, we note that all the Public Collectivities participate, directly or indirectly, in the execution of the Urbanism Regulation, and this is true according to an urbanistic logic proper to these territories. Despite these legislative or regulatory derogations that the Antilles Departments benefit from, (RNU, Littoral and SAR), the application of the Urbanism Law is characterised by the existence of two types of disfunctioning : generally inherent to the rules in as much as they are common to all spaces (Continental France and the French overseas Territories DOM), and the specific disfunctioning which originate from the land and environmental situations which are particular ti the Antilles. As a consequence, if the correct implementation of the Rule and its simplification could reduce certain general disfunctioning, obviously, only the adaptation operated within the framework of the Constitution (Statuts of the DOM : Article 73) could do away with the specific disfunctioning, and make the Rule more efficient
Detrez-Cambrai, Hélène. "La coopération régionale des départements et des régions d'outre-mer." Thesis, Artois, 2009. http://www.theses.fr/2009ARTO0302/document.
Повний текст джерелаThe external action of French overseas departments and regions in their local environment has a special name - regional cooperation. Cooperation modes specific to the situation of overseas territories are materialised through the exercise of devolved and decentralised regional cooperation. The definition of the law on regional cooperation among French overseas departments and regions is based on a separation of the operation mode between the law required to enter into an agreement or convention and the law applicable. The law applicable is therefore identified following a split between the law for the action and law for the application. The study of the legal environment of regional cooperation is related to legal means which tend to assign powers and authority to French overseas local governments on external issues. The degree of effectiveness of the action of a French overseas department or region with respect to the national and sub-national entities of its regional environment is to be measured in comparison with the international action of the National Government in the region. A review of the legal literature on regional cooperation shows agreements and conventions to be referred to international or internal jurisdictions depending on the partner involved in cooperative efforts and legal rule applied. The variability of the law makes it more difficult to define the law that applies to certain conventions. Observing the law applying to regional cooperation then makes it possible to pinpoint the specificity of these modes of cooperation. This raises the interest of a legal rule adjusted to the reality of a cooperation context for the expansion of overseas entities in ultra-peripheral regions
Closier, Danièle. "La terre et la mer, les enjeux de la limite : France, littoral atlantique, XIXe-XXe siècle." Paris, EHESS, 2010. http://www.theses.fr/2010EHES0157.
Повний текст джерелаThe limit between the land and the sea is a boundary between the private-owned property and the state property. From 1860 the limits between coastal areas and land territories have been disputed both by oyster-farming managers who wish to be granted a relative ownership of the public domain and also by local groups, most particularly by some mayors who claim to have a say in the future of « their coast ». This issue has called for adjustments to legal rules. It has been achieved by a new interpretation of the law after the necessary negotiations on a local and national basis and with the ones interested in the matter: the mayors, the residents, the industrials and the different ministries in charge. Ln the second half of the 19th century, the arguments developed by the law showed a true faith in progress and science, a wish for a social well-being and an attempt to lesser social inequalities, thus explains, by sides, the whole society at the time and the law history. Ln the 1970s, the legal rules were challenged by tourism and the practise of outdoor activities. It has been an opportunity to consider a turn in the legal rules and also to consider the future of the Atlantic coast developing into a tourist area and the necessary commitment of the civilian society. The principle of the common use of the coastal area is regaining favour and the residents are subjected to the contraint of leaving access to the sea on their private property
Pieratti, Gertrude. "Responsabilités et atteintes à l'environnement marin : bilan critique et perspectives." Corte, 2003. http://www.theses.fr/2003CORT1026.
Повний текст джерелаDamage to sea environment are caused by marine accidents, the numbers of wich have not dropped off but actually are on crease, for the sea lovers'harm. The concern for sea conservation has grown from the following observation : the impending danger of pollution brought about by hazardous fright sea-carriers. There are precedents, we have known several shipwrecks such as the "Torrey Canyon" in 1967, the "Braer" in 1972, the "Boelhen" in 1976, the "Amoco Cadiz" in 1978, the "Exxon Valdez" in 1989, the "Erika" in 1999 and many others. Recently, the "Ievoli" and "Prestige" incidents relaunched the controversy over the polluters' liability as well as over the unimportant of compensation when oil spills occur. Ship owners are presently charged with full right liability, according to the Nov 29th CLC - International Convention on liability for oil pollution damage and the May 3rd SNDP Convention (not in force) on liability and compensation for damage in connection with carriage of hazardous and noxious substances by sea. Oil spill compensation damage involves organisms such as insurance companies and compensation funds. Amidst compensation funds, the FIPOL created in 1977 an international fund for damage linked to oil pollution. This incited the creation of the SNPD fund for hazardous and noxious goods. Some funds were abolished though fundamentally involved in taking into account damage and pollution victims' reparation. Nowadays, liability socialization reached its limits seeing that payment amount and range are satisfactory. Traditional liability applied to pollutters does not lead to a long term efficient solution when sorting out problems of sea environment damage. Liability laws plans to broaden polluters responsability through enforcing the precautionary principle. The precautionary principle would represent a new guideline for liable sea world conservation. The precautionary principle is nothing but a principle aiming at a long term development where sea environment will be of outmost importance. This work of doctorate is to prove how liability and traditional compensation for oil or hazardous and noxious substances failed. It intends to propose study, how stopgap measure, the precautionary principle introduction in liability laws and to enforce this principle to oil pollution. Liability laws may certainly represent an answer prelude for sea pollution issues
Facorat-Gaspard, Brigitte. "La Fiscalité des entreprises dans des régions ultrapériphériques françaises : élements pour une théorie de la différenciation juridique en droit communautaire." Antilles-Guyane, 2003. http://www.theses.fr/2003AGUY0096.
Повний текст джерелаThe Tax advantages conceded to the companies involved in the french overseas departements (DOM) are mainly used as a tool to support economic development. However,community law is eager to promote a market economy where competition is free and driven by the dual motives of the freedom of movement and competition equality. The study consists in researching how the statute of outermost region,defined in article 299-§ 2 EC,can lay the foundations for appropriate mechanisms of strengthened differentiation for the DOMS
Mathonnet, Daniel. "Contribution à l'étude du conseil des prises en France de l'avènement de Louis XVI jusqu'à nos jours." Paris 2, 2010. http://www.theses.fr/2010PA020108.
Повний текст джерелаVan, Pradelles de Palmaert Terrom Hélène. "La France et la sécurisation de ses voies maritimes d'approvisionnement en pétrole et en gaz contre la menace terroriste." Thesis, Poitiers, 2017. http://www.theses.fr/2017POIT3013.
Повний текст джерелаFrance is a country which imports hydrocarbons. Almost all of her oil and a large amount of her gaz come via the sea. She therefore needs to secure her supply routes to face the threat of terrorism which, despite not being a concrete threat, is looming ever larger The Al Qaida terrorist organization and the Islamic proto-State, those archetypes of «nationalist» terrorism, have made clear their interest in energy targets which lead to a balance of power and symbolic associations in complex geopolitical relationships. Maritime space, free from territorial contingencies, is able to rid itself of the traditional idea of a state-based law system and make use of international mechanisms. Thus, as an arena for legal experimentation, high sea may enable Nation-States to fight international terrorism as an enemy, no longer simply as a criminal, of Westphalian order
Laffoucrière, François. "La résolution des conflits d'usage en mer : Le cas des obstacles à la circulation des navires de commerce en Manche : Bilan et perspectives : Étude de droit français et de droit anglais." Paris 1, 2012. http://www.theses.fr/2012PA010300.
Повний текст джерелаVianna, Goncalves Raphael. "Exploitation offshore d'hydrocarbures et responsabilité civile : droit comparé : Brésil, France et Etats-Unis." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010271.
Повний текст джерелаThe current situation of the rules governing the liability of the entrepreneur for environmental damage caused by offshore oil exploration and by the transportation of this product by oil tankers, shows that the legislator is more concerned with environmental health issues. However, there are many gaps in national legislations that can lead to considerable legal uncertainty for the responsible parties. While, at the same time it does not provide adequate protection for the environment and to human beings. The comparative study of legals systems shows the importance that countries that are exposed to the dangers of oil spills, especially those exploiting oil in the sea, to have a special indemnisation fund to guarantee and facilitate environmental restoration and payment of compensation to victims. Besides protecting the environment and citizens' rights, the fund also offers the possibility of applying the defenses of liability and limitation of liability. The funds would be used to cover the losses beyond the limit of liability of the responsible partie or when the responsibility for the accident is ruled out by a liability defense cause
Lise, Manuella. "Le droit universel, européen et français relatif à la non-discrimination liée au travail et ses déclinaisons dans les collectivités territoriales régies par l'article 73 de la Constitution." Thesis, Antilles, 2016. http://www.theses.fr/2016ANTI0122/document.
Повний текст джерелаDifferentiated treatment of individuals or groups on the basis of race, religion, or social affiliation may be a form of continuity. There is a recent evolution of discrimination and inequalities in the workplace. The question then arises of the effectiveness of the intercolonial organization of labor in its task of developing converts and monitoring their application
Rochette, Julien. "LE TRAITEMENT JURIDIQUE D'UNE SINGULARITÉ TERRITORIALE : LA ZONE CÔTIÈRE. ÉTUDE EN DROIT INTERNATIONAL ET DROIT COMPARÉ FRANCO ITALIEN." Phd thesis, Université de Nantes, 2007. http://tel.archives-ouvertes.fr/tel-00172410.
Повний текст джерелаVinet, Anne-Sophie. "Le rôle du magistrat d'Outre-mer dans le processus de décolonisation : le cas néo-calédonien à la lumière du modèle sénégalais (1946-1982)." Montpellier 1, 2007. http://www.theses.fr/2007MON10006.
Повний текст джерелаBarré, Éric. "Les actes se rapportant à la vie maritime dans les registres de l’échiquier de Normandie conservés aux archives départementales de Seine-Maritime : Saint-Michel 1336 - Saint Michel 1497." Caen, 2004. http://www.theses.fr/2004CAEN1402.
Повний текст джерелаRoux, Vincent. "Droit de l'environnement et développement durable dans une collectivité territoriale française d'Outre-Mer : le cas de Mayotte." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1105/document.
Повний текст джерелаIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory? The evolution of the legal status of Mayotte towards the status of department has numerous legal consequences. The passage of the principle of legislative speciality in that of legislative identity obliges Mayotte to adapt its right(law) sometimes in a very important way. Numerous pieces of the right(law) are concerned. Among them the right(law) of the environment holds a place(square) part because it is one of the components fundamental of the sustainable development of the territory. From this point of view, the departmIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory? The evolution of the legal status of Mayotte towards the status of department has numerous legal consequences. The passage of the principle of legislative speciality in that of legislative identity obliges Mayotte to adapt its right(law) sometimes in a very important way. Numerous pieces of the right(law) are concerned. Among them the right(law) of the environment holds a place(square) part because it is one of the components fundamental of the sustainable development of the territory. From this point of view, the departmIn what measure does the legal status of a region with a measure of autonomy allow a better consideration of the right(law) of the environment and does it favor the sustainable development of a territory?
Pujar, Arlette. "Gestion responsable du foncier et développement durable outre-mer : contribution à une approche critique de l'espace martiniquais." Thesis, Antilles-Guyane, 2011. http://www.theses.fr/2011AGUY0503.
Повний текст джерелаManagement of land in Martinique is a complex, sensitive and highly political topic.The total area of the island is 1 100 km2 (square meters), e.g, one of the smallest French areas, with the highest concentration of population, submitted to multirisk desasters (cyclonic, seismic, volcanic, technological, flood, air, ground and water pollutions, tsunami…).The urban triangulation made up of a multiplicity of actors, texts and regulations, as well as a multi-level institutional cream cake (6 levels of administration: the city, the intercity, the Department, the Regional Council, the State and Europe), destroys all kind of responsibility and obstruct an endogenous development of this micro territory.A fair balance between economic, social, cultural and environmental development is necessary, by reconciling with the economic and social goals related to the insular development.The astonishing biodiversity of the island of Martinique represents an obvious tourist asset, threatened by strong land anthropic pressures.This research study highlights the relevance of the regulation applicable to the land in Martinique as well as the influence of sustainable development on this regulation. This thesis suggests perennial solutions to implement, in order to mitigate the legal inconsistencies pointed out by the study
Anassi, Dhoifiri. "Mayotte le 101ème département français : les enjeux de la nouvelle départementalisation." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020055.
Повний текст джерелаEvery French department has its own history and geography, not least those which form the French overseas territories and departments. While the metropolitan departments have just voted for new departmental councils, Mayotte confirmed by referendum her wish to become the 101st department. After her long colonial history, the islands of the Comoros did not choose the same destiny. These Indian Ocean islands became a republic, and Mayotte a new territory of the French Republic. It is Mayotte’s institutional and political history, the various steps which led to its departmentalisation, the obstacles overcome as much as the consequences now needing to be managed, which have attracted the researcher’s attention and analysis. The work has been driven by an ethic of conviction (the researcher has experienced this history as a Mahorais) and of responsibility (he has applied the same objectivity as every metropolitan researcher). He wants to contribute to the constitutional history of France by trying to explain in this research the legislative evolution of the French overseas departments and by exposing the different problems (health, education, migration, right to nationality based on birthplace) which need to be addressed. Up until now there hasn’t been any research done which examines the reason for this new French department; the 101st, one of the only ones not founded by Napoleon, but which nevertheless joins the great tradition of 1789 and “the decentralised republic of 1982-2013
Dufraisse-Charmillon, Chloé. "La réécriture du droit social maritime au sein du code des transports." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1044.
Повний текст джерелаThe transport code now hosts social maritime law rules. The government was empowered to proceed, in 2010, to a recodification on the basis of established law of its disparate provisions, including those contained in both the labour code and the maritime labour code. Although this operation was to take place without changing the rule of law, a certain instability became obvious. The subject matter's structure was dramatically altered. It reveals an ambivalence : the transport code is exhibited as an instrument of social progress, yet it may also become a deregulation tool. To compound matters, its regulatory aspect remains very incomplete. The articulation of the new code with the labour code is equally perplexing, most notably with regard to the relationship between common law and special law. This rewriting has, in addition, undergone the influence of international law. The integration of the International labour organization's maritime labour convention made it possible to reaffirm the foundational guidelines of this topic as well as the specificity of laws applicable to seafarers. Moreover, these normative dynamics have paradoxical effects. In fact, international law contributes alternately to the destruction and reconstruction of national rights. Thus, the rewriting of the topic within the transport code could be the harbinger of an alignment of maritime social legal foundations with international standards, which, when compared with french law, are not necessarily more protective. This legal evolution reflects is due to a ruthless international competition that enables social dumping conditions
Bassano, Marie. ""Dominus domini mei dixit. . . "; Enseignement du droit et construction d'une identité des juristes et de la science juridique : Le studium d'Orléans (c.1230-c.1320)." Paris 2, 2008. http://www.theses.fr/2008PA020052.
Повний текст джерелаPantelodimou, Eirini. "La lutte contre la pollution marine en France." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010317.
Повний текст джерелаThe sea plays a vital role in regulating climate and in maintaining ecological balance. The oceans and the sea constitute a source of wealth, an immense reservoir of food resources and of employment for many people. The Mediterranean Sea is a sensitive ecosystem, subject to strong pressures derived from human activities, such as fishing, oil and gas exploration, dumping of waste and other matter in the sea, maritime transport, transfer of aquatic invasive species via ballast water and littoral tourism. France, severely affected by the sinking of the Amoco Cadiz, the Erika and the Prestige, took numerous initiatives not only at an international but also at a regional level. The complexity of the marine pollution problem, due to the diversity of polluting factors and to their diffuse sources, has favored a regional approach. This approach has resulted in the adoption, at a national, regional and international level, of a network of policies, legislative texts, programs and action plans in the field of marine environment protection. It constitutes a stifling body of rules, comprising preventive and repressive measures. The institutional and legal complexity of marine protection hinders, however, the effective protection of the marine environment. ln this context, the international community encourages the implementation of an ecosystem approach to oceans. At European level, the adoption of the Framework Directive «Strategy for the Marine Environment» favours a consistency between different EU policies as well as an integration of environmental considerations into ail policies related to the sea. Furthermore, the effectiveness of European legislation in the field of the fight again marine pollution, has been reinforced by the adoption of a common framework of liability with regard to the prevention and remedy of environment damage
Blanchet, Dominique. "L’application du droit de l'action foncière publique en France métropolitaine et dans les départements d'outre-mer : Étude comparative sur l'effectivité et l'efficacité de dispositifs juridiques dans des espaces différents de réception des normes." Antilles-Guyane, 1998. http://www.theses.fr/1998AGUY0031.
Повний текст джерелаMore than an inadequation of a varied set of statutory dispositions to local features specific to the so-called overseas departments, the implementation difficulties the so-called local public communities(communes, departments or regions) grapple with respect to ground policy, result mainly from a crisis of the practice of public ground law itself. The lack of efficiency of the ground policies carried out in those regions stems from the fact that the legal tools available are generally not properly used there is consequently no need for the overseas departments to develop a ground legislation of their own, distinct from mainland france statutes. This of course does not rule out local. Adaptations of present statutory dispositions so as to better the inforceability and efficiency of the law. But at any rate, there is a need for a dusting off of the ground law not just for overseas territories but for france at large, since some legal shortcomings in the texts affect the enforcement and efficiency of ground law provisions in mainland france as well. But enforcement and efficiency problems vary from one place to another trough a sensible and rational application of the law yet to be developped troughout the entire nation, some local public communities have managed to implement ambitious town planning or nature-friendly ground policies. A better command of the law by the authorities in charge of the enforcement of the ground law cannot but help better the efficiency of the latter
Busseuil, Arnaud. "L'autonomie dans la République : bilan politique et juridique de trente années d'autonomie en Polynésie française, 1984-2014." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0008.
Повний текст джерелаFrench Polynesia, an overseas collectivity, has lived under an autonomy regime since 1977. However, it has only been since 1984 that the attributions and the symbols of a true autonomy have started to fall into the collectivity's hands. Yet, autonomy in the Republic is the source of many legal difficulties, between respecting a principle to its paroxysm and the arbitration of fundamental rights and liberties guaranteed by the Republic. Therefore, thirty years after the real start of Polynesian autonomy, it is about time to draw up a report in the most significant way possible. This research work offers an analysis of the main matters which consist of the foundation of the development of a territory, matters which competences have been transferred to the territorial collectivity. Thereby, a legal analysis and an analysis of the public politics issued from the following competences is drawn up : law, economy, tax system, education and public health. Moreover, this research is an opportunity to determine the causes of a failure in regards to Polynesian autonomy : local political governance, legal statuses or even state vacuum. Finally, such an assessment can only be of interest thanks to the projection it can provoke, and it was thus suitable to discuss the future of French Polynesia concerning both its local social and economical development as well as its relationship with the Republic, a relationship that arouses again the problematic of the hypothetical dismantling of the French unitary state
Gustan, Teyssa. "La sécurité juridique et les plages." Thesis, Antilles, 2015. http://www.theses.fr/2015ANTI0008/document.
Повний текст джерелаThe management of the public domain is the root of recurrent problems affecting regional and coastal development, as well as environment al protection including notably the beaches. It Would be obvious to think that the measures taken to maintain a control over the real estate and heritage site put at the authorities disposal were effective enough to enable the carrying out of their mission, but the statements of fact is that the current regulation concerning the maritime public domain and especially the beaches, is not what was expected of it, that means a sufficient juridical security. The real issue is to show firstly, that the legislation concerning the beaches is confronted to a legal insecurity, then demonstrate that the regulation is becoming difficult to master because of the complexity of rules, as well as their tricky transposition in the overseas departments due to the insular nature of these regions. The consequence is the darkening of the law which leads inevitably to its inefficiency. The purpose of this study in to show that this juridical insecurity is worse in the overseas departments, to put also in evidence the ineffectiveness of the rules concerning the exploitation of the beaches, in order to clarify this juridical mess
Payet, Frédéric. "La vie politique à la Réunion 1946-1982 : permanence de la question du statut." La Réunion, 2006. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/06_11_Payet_F.pdf.
Повний текст джерелаOur study relates to the political life of Reunion's island, of 1946 to 1982 in the prism of the question of the statute. The constant of this set of themes is in close link with the problems of the relationship between the overseas department and its "Metropolis". It acquires starting from the departmentalization, in 1946, a dimension which durably focuses most of the political debates and constitutes a central stake of the electoral consultations. Until the end of the years 1950, this question of the statute opposes a line in the island preaching a "measured" assimilation and a communist movement which defends a total and immediate integration. Since 1959, it is a separatist project carried by the Communist party Reunionnais which is developed against a camp departementalist and which is matched, since 1971, of a financial shutter around the idea of a "globalized assistance" of France. The problems of the statute are found the another stake proof like the idea of regionalization or that to break with the only statutory axiom in the debate of la Reunion's policy. It loses its force with the withdrawal of the watchword of autonomy in 1981
Cheriau, Raphaël. ""L'Intervention d'Humanité" or the Humanitarian Right of Intervention in International Relations : Zanzibar, France and Britain in between Colonial Expansion and Struggle against the Slave Trade from the mid-19th Century to the early 1900s." Thesis, Paris 4, 2017. http://www.theses.fr/2017PA040060.
Повний текст джерелаIn the second half of the nineteenth century the Zanzibar Sultanate became the focal point of French as well as British imperial and humanitarian policies. In fact, the island was not only the most important slave trade emporium of the Indian Ocean but it was also the great gateway to East Africa for slave traders, humanitarians, or imperialists alike. This thesis looks at the controversies which took place in Zanzibar waters between France and Britain over the right of searching vessels suspected of being engaged in the slave trade as well as the right of dhows to fly the French flag and escape the Royal Navy’s scrutiny. This research highlights how important these questions were, not only for the relations of France, Britain, and the Zanzibar Sultanate, but also for international law and international relations up until the eve of the First World War. This work demonstrates that the anti-slave trade operations which took place in Zanzibar inspired many navy officers, consuls, diplomats, Foreign Secretaries, and lawyers – whether British, French, or American – on the theory and the practice of “humanitarian interventions”. Indeed, the history of anti-slave trade operations implemented in the Zanzibar Sultanate sheds a new light on the history of the concept of humanitarian intervention, or “intervention in the score of humanity” – (“l’intervention d’humanité”) – as it was then called. This research underlines how these humanitarian interventions unceasingly swung between genuine humanitarian ideals and pressing imperial issues
De, Rocca-Serra Philippe. "L'autonomie financière locale : approche constitutionnelle et perspectives d'évolution." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0396.
Повний текст джерелаOur study focuses on the evolution of the acceptance of the principle of local financial autonomy, associated with a pluralist approach exploring its peripheral but also supranational definition, in the light of a constitutional case law dealing with it at least in the framework of the respect of the principle of equality. Constitutional rules, as safeguards, fade away against a policy of control of public deficits and debt widely intertwined with that of the European treaties favoring a funnel approach imposing coercive measures to the central power and extending, through its ramifications, to local and regional authorities as fiscal adjustment variables in the service of public finances. In such a context marked by a financial recentralisation shifting away from the original precepts of the idea of decentralization, will the prospects of constitutional reform and recasting of local taxation be able to move towards greater autonomy or even a semi-federalism going beyond the current conceptions or will they be reduced to the writing of at least sibylline provisions operating a necessarily asymptotic evolution regarding the respect of supranational rules of budgetary restriction?
Omarjee, Ismaël. "L'outre-mer français et le droit social communautaire /." Paris : LGDJ, 2000. http://catalogue.bnf.fr/ark:/12148/cb37185758m.
Повний текст джерелаGuliyev, Khagani. "La Mer caspienne et le droit international." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA003.
Повний текст джерелаThe Caspian Sea which has become the object of international law since the eighteenth century has never had a clear legal status. This space of which the aquatic nature is not defined was dominated by the Soviet Union until 1991. However, following the collapse of the USSR, the Caspian Sea - now surrounded by five littoral States (Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan) - has re-emerged on the international scene, especially because of its rich natural resources. It is precisely in these circumstances that the question of legal status of the Caspian Sea under international law arose in the late twentieth century. Therefore, it is necessary to form an adequate and sustainable long-term legal regime of theCaspian Sea and to find solutions for the settlement of legal disputes between the Caspian States
Martin, Philippe. "L'Antarctique et le droit de la mer." Nice, 1991. http://www.theses.fr/1991NICE0026.
Повний текст джерелаCHAMAA, WIDAD. "Rivalites maritimes et droit de la mer." Rennes 1, 1994. http://www.theses.fr/1994REN11012.
Повний текст джерелаThe analysis of the maritime rivalries in mediterranean appeals the study of their objectives. Their evolution depends on the application of the general rules of the sea law and the economic and politic stakes of the region. The tightness of the mediterranean, its complex geographic lies, its strategic, importance, particularly for the great powers, have as result the adaptation of the nearest states'prerogatives by the treaty of the new sea law at this sea
Bouet, Jean-Baptiste. "L'administration décentralisée du territoire : choix et perspectives ouverts sous la Cinquième République." Phd thesis, Université d'Angers, 2006. http://tel.archives-ouvertes.fr/tel-00331419.
Повний текст джерелаLestang, Véronique. "Droit de la mer-droit de l'espace : vers un droit unitaire des espaces internationaux ?" Paris 1, 2001. http://www.theses.fr/2001PA010267.
Повний текст джерелаRoche, Catherine. "Le régionalisme et le droit de la mer." Nice, 1993. http://www.theses.fr/1993NICE0023.
Повний текст джерелаDue to the evolution of the law of the sea, regionalism has become increasingly important in this field, particularly as regards the management of fisheries and environmental protection of the sea. Regionalism in the law of the sea also contributes to general regional cohesion and integration
Diagne, Mbenda. "L' apport du tribunal international du droit de la mer (TIDM) aux principes juridiques dégagés en droit de la mer." Nice, 2010. http://www.theses.fr/2010NICE0001.
Повний текст джерелаThe Law of the sea constitutes one of the oldest branches of the international law. It was for long time dominated by the liberty on the sea principle before it became progressively dominated by commercial and strategic concerns. Therefore, the numerous challenges concerning these areas are subject to international jurisdiction namely the International Tribunal for the Law of the Sea. First specialised jurisdiction at the end of the last century, the international tribunal for the law of the sea, during its thirteen years of existence, has contributed to the maritime law development and furthermore to the international law extending to areas such as environmental law. These contribution concerns not only the procedural rules but also the content rules. The Tribunal has focused its procedural organisation on the emergency theme setting short range goals in all the phases of the juridical procedure. Moreover, it has contributed to make clear some rules of the international law by adapting them on the law of the sea. But if some rules have been specified by the Tribunal namely the Duties and Rights of all the States in the Economic Exclusive Zone, the condition for the pursue law and the use of force on sea in combating the non-compliance, but some principles namely the principle of precaution have been shyly established