Dissertations / Theses on the topic 'Compétence territoriale – Droit pénal'
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Arnal, Jérôme. "Cybercriminalité et droit pénal." Montpellier 1, 2008. http://www.theses.fr/2008MON10044.
Full textKhaleghi, Ali. "Réflexions sur la compétence pénale internationale en droit français." Nancy 2, 2002. http://www.theses.fr/2002NAN20005.
Full textFor the different reasons, we can note nowadays the internationalisation of the criminality in such a way that an offence can be related to several states whose territory, subjects or interests are at stake. In this situation, every state behaves in a way that it consider to be in accordance with the danger threatening its public order. It can freely select the necessary measures in order to protect itself against the criminality in the international plane. In France, there is an harmonized group of legal devices for facing with the offences containing an element of foreignness. Given the diversity and the complexity of the criminal phenomenon, the different devices must be used in order to fight the criminality. One of the these measures is to persue and to try the offenders. By this way, France gives permission to the french tribunals to try a person and to apply the french laws. Our research shows us the capacities of the french legal system in this matter and allows us to value its advantages and disadvantages. Its deficiencies and excesses are cleared and we can thus note the general tendency of french penal law in this matter
Joseph, Eloi. "L'appréhension du territoire penal par le Canada et la France." Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/34655.
Full textGourdon, Sandrine. "L'entraide répressive entre les États de l'Union européenne." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40016.
Full textElhoueiss, Jean-Luc. "Personnalité et territorialité en droit international privé." Paris 2, 2000. http://www.theses.fr/2000PA020018.
Full textMoulier, Isabelle. "La compétence pénale universelle en droit international." Paris 1, 2006. http://www.theses.fr/2006PA010304.
Full textOwona-Mfegue, Kourra-Félicité. "L'arrêt de la Cour Internationale de justice du 10 octobre 2002 relatif au différend frontalier Cameroun c. Nigéria : contribution à l'étude de l'exécution des décisions en matière territoriale." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100110.
Full textThe implementation of international judicial decisions raises one of the questions, if not the fundamental one related to the authority of the decisions rendered by the highest Court of the United Nations. In fact the question is How to ensure effectively, the implementation of sentences whose legal authority is undeniable, but certainly and obviously depending of the (good) will of the States, in law and in fact. Usually two answers seem possible: spontaneous implementation or enforcement. However the experience of the implementation of the Judgment in Land and Maritime Boundary between Cameroon and Nigeria disregard this classic pattern. This is a preventive and early implementation by the parties and third parties, and then a delayed but effective implementation. It led to a probably unique approach in the settlement of judicial disputes. Indeed it is the first time that the UN (i. e ICJ which is the main judicial organ and the Secretary General) without delay for the foreseeable implementation’s difficulties to get involved under Article 94 § 2 of the Charter establishes an early and preventive diplomatic system of implementation. In the view of the ridiculous nature of possible sanctions for non-compliance, the diplomatic realism came to the rescue of the effectiveness of the res judicata. In this most sensitive field in implementing the judgments of the ICJ, the hypothesis in which the Court assigns a disputed territory to a state while another state occupies it in fact and of the hostility of the local populations to the change of the sovereign de facto, the merge between judicial procedure and negotiated procedure is effective. The implementation of this judgment is also original because of its sui generis mechanisms in implementing the decision such as the United Nations Joint Commission or the post-jurisdictional Agreement sponsored by the UN and witnesses States. There is no better example of the African contribution to the effectiveness of the decisions of the ICJ, as far as the peaceful settlement of international disputes is concerned
Niquège, Sylvain. "Juge administratif et droit pénal." Pau, 2007. http://www.theses.fr/2007PAUU2012.
Full textRelationships between criminal law and administrative trial give various illustrations. Incompetence of the administrative judge to take cognizance of acts linked with criminal procedure is a classic example. Generally, the whole criminal case’s elements can be used by the parties or the judge during the administrative case. Criminal law also has an impact on the administrative trial. For instance, criminal administrative authorities have to respect individual guaranties attached to the criminal procedure. Could it be concluded to a growing influence of criminal law on administrative judge’s action, or even on administrative law? This idea, commonly evoked, corresponds to a conflictual and outdated way of grasping relationships between jurisdictions and their respective rules. Certainly, constraint’s mechanism, often accepted, partly rules these relationships. Nevertheless, other dynamics such as indifference, influence, and strategic use of criminal law’s resources also characterize them. Respect of criminal judge’s function does not prevent administrative judge from carrying his own one, sometimes by using criminal law. Rather than restricting administrative judge’s action field, criminal law appears as a real resource
Brach-Thiel, Delphine. "Conflits positifs et conflits négatifs en droit pénal international." Metz, 2000. http://docnum.univ-lorraine.fr/public/UPV-M/Theses/2000/Thiel.Delphine.DMZ0003.pdf.
Full textChrestia, Philippe. "Le principe d'intégrité territoriale." Caen, 1999. http://www.theses.fr/1999CAEN0053.
Full textSt-Amour, Jean-Pierre. "La dimension territoriale de la compétence municipale, schéma de systématisation en droit québécois." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ53310.pdf.
Full textEgli, Eric. "L'Affirmation progressive de la compétence communautaire en matière d'aménagement du territoire." Clermont 1, 2002. http://www.theses.fr/2002CLF10253.
Full textFor some years the debate on European territory development has been taking place in a context of increasing interdependance, of the extension of the Union andof financial contraints. Admittedly member states still try to keep their grip in this field, but faced with the importance of territory development on a European scale, this separatist and simplistic view of the States seems outdated. The regional policy is no longer enforcing and as a European territory emerges, its development must be considered. It is precisely what the development Scheme of the Community space intends to do. The interest of such a document is to lay the foundations of a spatial development contemplated on the whole territory. One can then wonder if the function of orientation and impetus granted to the European Commission, in a wider space of Community public action, will play a key role in the future
Joye, Jean-François. "Essai sur les mutations juridiques de l'action economique territoriale." Chambéry, 2000. http://www.theses.fr/2000CHAMD001.
Full textAbou, Daher Layal. "La compétence universelle des juridictions nationales : étude de droit comparé : Belgique, france, Liban." Poitiers, 2010. http://www.theses.fr/2010POIT3005.
Full textBeyond the hesitations which surround the place of universal jurisdiction in international law, it is its' implementation by national juridictions which causes as much as enthusiasm as embarassment. Fearing the implications of its implementation, particularly on a political level, the states do not venture imprudently. The majority prefer to satisfy themselves by a moderated or even a minimalist approach. .
Fabre-Dubout, Hortense. "La localisation du contrat : entre lieux et espace." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32035.
Full textIn business law, contractual problems related to time often drew the attention of the lawyers but the location of contractual relations has rarely been subject to general and in-depth study. However, the extent of the subject is astonishing. Objectively, jurisdiction and applicable law are certainly the most obvious and not least interesting stakes in the contract’s places. Not generally known, the localisation of the various elements of the contract is reflected in the characterization of the whole of the contractual relation, and thus on the part of the obligations which it contains ; space even on which the contract takes effect influences the legal status of the events which proceed within its geographical area. Moreover, the contracting parties have an actual capacity vis-à-vis the places of their contractual relations, even if the freedom of expression of the parties’ will has many limits
Park, Ki-Gab. "La protection de la souveraineté aérienne." Paris 2, 1989. http://www.theses.fr/1989PA020085.
Full textThe air sovereignty is a legal title by which every state exercise his complete and exclusive territorial jurisdiction over the air space above its territory and territorial water. Our study permits to acquire a good understanding of the problems of the legal status of the air sovereignty, the infringement of the air sovereignty and the means to protecting this sovereignty
Abu, El Heija Muhammad. "La compétence universelle : un mécanisme pour lutter contre l'impunité." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32075.
Full textThe XXe century has known the commission of serious crimes that hearts all mankind. Something that led up the international community to look for means in order to fight against these crimes. First, we established the two ad-hoc tribunals, the ICTY and the ICTR, with a Security Counsel resolution. Then the establishment of the International Criminal Court, which his entry date is the 1st of July 2002, constitutes a huge step in the evolution of the international criminal justice. However, before the establishment of these instruments, others were used in order to struggle against the criminals. The universal jurisdiction was, and continues to be, one of those means. It was recognized in the beginning of the XIIIe century and the 1st time that it was used was in the case of piracy. In the XXe century, the sector of applications of the universal jurisdiction has been multiplied, especially with crimes committed during the Second World War. However, practice has showed that application of universal jurisdiction is not patent as it seems to be. Some difficulties, such as internal or international one, are faced, but some are overcome
Biguma, Nicolas F. "La reconnaissance conventionnelle de la compétence universelle des tribunaux internes à l'égard de certains crimes et délits." Paris 2, 1998. http://www.theses.fr/1998PA020090.
Full textThe present thesis deals with the principle of universal jurisdiction which is actually embodied in multilateral conventions which define international crimes. The universal jurisdiction is a principle of international law which attributes to every state the right to punish a person who has committed an international crime irrespective of his nationality and the nationality of the victim and the place where the crime has been committed. The principle of universal jurisdiction is based on the solidarity of states in combatting international crimes (such as piracy, genocide, war crimes, crimes against humanity, slave trade, terrorism, hostage taking, crimes against internationally protected persons, torture) which endanger their fundamental interests. It is exercised by the state on the territory of which the offender is arrested ("thejudex deprehensionis"). The "judex deprehensionis" is either obliged to extradite or to punish ("aut dedere, aut judicare") the offender if he refuses to extradite him to the states who are firstly interested in establishing their criminal jurisdiction. However, the practice of states shows that the "judex deprehensionis" refuses frequently to establish the universal jurisdiction when the conditions of its establishment are fulfilled. The failure of the "judex deprehensiows" to establish the universal jurisdiction has conducted the international community to set up an international criminal court (i. C. C. ) which should try the persons accused of committing serious international crimes such as genocide, war crimes, crimes against humanity and agression. The recent adoption of a statute creating an international criminal court at rome (july 17, 1998 ) does not however deprive the domestic courts to exercise their universal jurisdiction. The universal juridiction and the jurisdiction of the i. C. C. Remain complementary
Baron, Elisa. "La coaction en droit pénal." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40049/document.
Full textIn criminal law, the co-perpetrator is classically presented as an individual who, acting jointly with another, gathers all the constitutive elements of the offence. However, one may harbor doubts concerning the relevance of this assertion since both case law and legal scholars denature its meaning.Actually, far from being limited to a mere juxtaposition of perpetrations, co-perpetration must be understood as a full mode of participation in the offence. Indeed, it appears as a form of imputation halfway between perpetration and complicity, from which it borrows some characteristics. In other words, it proves to be a mode of participation in one’s own offence. Above all, its particularism is provided by the interdependence between the co-perpetrators : because each of them joins forces with his alter ego, all are placed on an equal footing. These elements, which are found both in it’s concept and in it’s regime, demonstrate thereby the specificity of co-perpetration while strengthening the coherence of the different modes of criminal participation
Simon, Olivier. "Le droit international face aux différends territoriaux dans le nouveau contexte des relations internationales : contribution à l'étude du territoire comme élément constitutif." Nancy 2, 2005. http://www.theses.fr/2005NAN20001.
Full textCharlery, Corinne. "Les services déconcentrés et la modernisation de l'État." Paris 1, 1997. http://www.theses.fr/1997PA010297.
Full textThe civil service keeps a very important part in french society. The development of the social group is conditioned by the capacity of administration to become much more efficient. Until 1982 to 1992 different governments proposed a very original politic of modernization in order to adjust french administration to institutional transformations and new social needs. This experience tried to change the traditional organisation of the administration with the intention of modernising management, increasing the part of the civil servants in the decision process and especially, giving local administration a bigger part in french administration. Because of this kind of administration had been taking the most advantage of this reform, it was interesting to study the real transformations is had engendered. But it was equally necessary to make appear the lacks of this politics which didn't allow to realize a fondamental reorganisation of local administration
Della, Morte Gabriele. "La délimitation de la compétence de la Cour pénale internationale face aux systèmes juridiques externes : hypothèses de conflits et mode de résolution." Paris 1, 2003. http://www.theses.fr/2003PA010285.
Full textBourgeois, Émmanuelle. "Contribution à l'étude du processus d'internationalisation du droit pénal français : l'exemple de la corruption." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40041.
Full textBaldovini, Maud. "La classification académique du droit pénal, entre droit public et droit privé : sur un paradoxe de la science du droit." Caen, 2009. http://www.theses.fr/2009CAEN0087.
Full textFrench penal law has been handled as a part of private law since the split of the French law school curriculum in the late nineteenth century, separating private law and public law. The analysis of the current categorization demonstrates that penal law should be included in public law based on a thorough study of the instruction of legal theory in French law schools. The theoretical classification has been dismissed for a more convenient practical approach that includes penal law into private law. The French jurisdictional dualism, in which a judicial judge handles private law and an administrative judge handles public law, also fails to justify the assignment of penal law to private law, as the study of the judicial judge’s arguments reveal. This research will demonstrate that penal law has been listed as private law in a fear of altering a long-standing academic tradition, initiated back in the nineteenth century, when the instruction of the law focused on judicial practical knowledge only, denying the primary theoretical essence of the law
Kallergis, Andréas. "La compétence fiscale." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D073.
Full textIn order to determine the international limits of State freedom in tax matters, one should take into account not only thescope of the power to tax (i.e. the competence to tax), but also its content, in relation to the exercise of the power to tax.Therefore, jurisdiction to tax is a twofold concept: it entails a competence to tax — with regard to whom a State may exerciseits power to tax — and a power to tax — what a State may do while exercising this power. Its analysis is based on Statepractice and international case law.Competence to tax is not based on an empowerment by international law. Its analysis has to be guided by the idea thatStates have two facets: they are public persons and at the same time international law subjects. First, the creation ofStates as sovereign public persons marks the origin of their jurisdiction to tax. Secondly, as international law subjects, Statesmay recognize rights and assume obligations. Thus, they can adjust the exercise of their power to tax by establishing theirscope through double taxation conventions. In all other cases, tax nexus criteria do not constitute certain rules ofjurisdiction, but merely depict the way States conceive their relationship with a tax subject or object.International law restrictions to the exercise of the power to tax are minor. Indeed, these restrictions mainly entail theunenforceability of tax rules with extraterritorial effect and the prohibition of material acts of enforcement on foreignterritory. Therefore, as sovereign subjects, States are free to allow restrictions to their powers through internationalcooperation and integration. Such restrictions do not challenge the foundations of their power to tax
Riu, Isabelle. "Sociétés et établissements stables en droit fiscal international et de l'Union européenne." Paris 1, 2010. http://www.theses.fr/2010PA010297.
Full textViñuales, Jorge Enrique. "Le juge face aux crimes internationaux : enquête sur la légitimité judiciaire." Paris, Institut d'études politiques, 2008. http://www.theses.fr/2008IEPP0005.
Full textThe 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
Valle, Videla Luz. "Les collections du droit territorial castillan : Approche linguistique et historique." Paris 10, 2011. http://www.theses.fr/2011PA100002.
Full textSince Galo Sánchez’s pioneering studies on Castilian territorial law, it is generally believed that fazañas result from innovative decisions made by local mayors and are characterized by the presence of anecdotic details ; with time, the particulars relating to the first judgment were suppressed and fazañas became fueros, or abstract texts of law. A close examination of the medieval legal collections, however, shows that fueros and les fazañas were often contemporary with each other and reveals the existence of anecdotic fueros as well as abstract fazañas. In an attempt to clarify these questions, our study seeks to determine the true nature of fazañas, to redefine their relation to fueros, and to understand the use of anecdotic details in medieval Castilian territorial law. To this end, we examine the following texts, whose composition spans from the 13th to the XVth centuries : Libro de los fueros de Castiella, Fuero viejo de Castilla, Pseudo ordenamiento II de Nájera, Fuero y fazañas de los fijosdalgos, Pseudo ordenamiento de León and Fuero antiguo. In these works, we have studied the anecdotic discourse, the concrete uses of the terms fazaña and fuero and the internal logic of the collections in order to shed new light on these legal texts and to better know and understand both the redactors who compiled them and the aims they pursued
Jadali, Safinaz. "Les États et la mise en oeuvre du principe de compétence universelle : vers une répression sans frontières ?" Université Robert Schuman (Strasbourg) (1971-2008), 2008. http://www.theses.fr/2008STR30006.
Full textTerritoriality, nationality and state's vital interests are traditional principles upon which a State may rely its criminal jurisdiction. Universal jurisdiction is the principal that every country has an interest in bringing to justice the perpetrators of grave crimes, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victim. The doctrin of universal jurisdiction asserts that some crimes are so heinous that their perpetrators should not escape justice by invoking sovereign immunity or sacrosanct natur of national frontiers. The universal jurisdiction is not new, though it's very concept is of recent vintage. Despite the numerous positive developments in national practice, significant limitations remain which hinder the exercise of universal jurisdiction. The limitations are not necessarily inherent in universal jurisdiction cases, and could be overcome with sufficient political will
Chassang, Céline. "L’étranger et le droit pénal : étude sur la pertinence de la pénalisation." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100162.
Full textCriminal law gives rise to distinctions between aliens and nationals, the former being subjected to specific criminalization. But the relevance of this criminalization may be questioned, considering the balance sought by criminal law between distinction and assimilation.First, the study demonstrates that the different distinctions provided by criminal law may be challenged. On one hand, criminalization that applies to every alien is not convenient since it appears non-essential – when criminal law overlaps already sufficient extra-criminal rules – and illegitimate – when criminal law uses foreign origin as selection criterion. On the other hand, specific criminalization applied to illegal aliens appears to be inadequate since, depending on the evolution of national administrative rules and European rules, it has no legal certainty and relative interest to restrict illegal immigration.Then, the analysis shows, through a movement of progressive assimilation of aliens to nationals, that criminal law can also lose interest in foreign origin. On one hand, this assimilation meets to a requirement of equality that one may observe not only in criminal lawsuits but also in matters of criminal immunities in favor of some aliens. On the other hand, this assimilation is based on broader fight against impunity of offenders as required by international criminal cooperation and recognized by the mechanism of universal jurisdiction
Novati, Daniela. "Réticences des Etats et érosion de la compétence de la Cour pénale internationale." Thesis, Dijon, 2013. http://www.theses.fr/2013DIJOD003.
Full textThe failure to make international criminal law imperative and the resulting fragility of international criminal justice should not be understood as the consequence of a normative choice toward a jurisdictional model, be it ad hoc or conventional. Rather, it derives from the State's weaknesses and reluctance to abide by the chosen norm. This is clearly confirmed by the very way the International Criminal Court was implemented, functions and is being sadly circumvented. Instead of bolstering the fight against impunity, it focuses on the fight for the “justiciability” of the perpetrators of the most serious crimes, resulting in subsequent negative effects on Humanity’s consciousness: crimes against humanity, crime of genocide, war crimes and crime of aggression. Owing to the fact that a State's primary concern is its own sovereignty, the biggest obstacle the Court has to overcome remains that at any moment, directly or indirectly, its competence can be intentionally overruled by any State, signatory or not of the Treaty of Rome. Observing State strategies shows that relinquishing one’s repressive authority is generally seen through a negation of formerly made commitments: some States dissociate from the repression monopoly they disclaim. Conversely, the legitimate exercise of a State’s repressive authority can easily result in regular obstruction of international jurisdiction, and even the refusal of the imperative law that governs it. Without any genuine recognition of international jurisdiction, such attitudes have undeniable serious consequences that far outreach the imagination. The only solution is cooperative and constructive behavior, free of opportunistic and selfish compromises of States. This behavior could protect against the current risk of the progressive erosion regarding shared punitive organization which States themselves implemented through the creation of the International Criminal Court. The result would guarantee the punishment of perpetrators of unbearable crimes
Frediani, Sophie. "Les juridictions pénales internationales et les États : étude du face à face." Bordeaux 4, 2004. http://www.theses.fr/2004BOR40044.
Full textManeshi, Farideh. "L'intervention des Nations Unies dans les affaires intérieures des États." Thesis, Nancy 2, 2007. http://www.theses.fr/2007NAN20016.
Full textThe first part of the thesis is devoted to the study of the reduction of the principle of non-intervention in the framework of the United Nations. In this study, we tried to perform a thorough analysis of the concept non-intervention and that through the preparatory work, the great comments, the jurisprudence of the two International Course and Practice of United Nations organs. With this support, it became apparent that the scope of the principle of non-intervention undergoes resrtrictions increasingly important for the benefic of the intervention of the United Nations. The concept of reserved domain of States, in particular, the so-called southern states, loses its consistency despite the commitment of the latter to their territorial sovereignty. The second part of the thesis consists of the study by the United Nations Intervention. Indeed, the UN Charter contains provisions which allow the intervention of the United Nations in the internal affairs of States, especially with regards to the safeguarding of international peace and security. On the other hand, there are principles of the Charter which aim to curb any UN intervention in the internal affairs of States. Since the end of the cold war, the United Nations intervened in the affairs belonging to the domain of states without worrying about the limitations that the Charter imposes. They intervene in the internal affairs of States, even in cases where it is not a question of the threat or breaches of the peace, which is an essential condition fot the use of the exception to the general rule of non-scheduled speech at the last reserves of Article 2 (7) of the Charter. The extension of UN intervention in the internal affairs of States raised the issue of control of the activities of United Nations bodies, and in particular the Security Council. This test can be a political or judicial review
Simon, Perrine. "La compétence d'incrimination de l'Union européenne." Thesis, Paris Est, 2017. http://www.theses.fr/2017PESC0086.
Full textThe attribution of a criminalisation competence to the Union raises complex questions traditionally attached to the criminal law power, particularly the one of promotion through criminalisation choices of a collective conscience and the expression of values essential to the society. It is the question of a European identity. The penal integration project has developed very rapidly the last thirty years without any deep reflection on the legitimacy of this evolution. Its experimental character is often considered as an illustration of the banalisation of the criminal sanction, being it in order to respond to violations rising a high social alarm or in order to give effectivity to a technical legislation. The absence of criminal policy creates the fear of a European intervention not respecting the requirement attached to the resorting to criminal law in a State under the Rule of Law that are the respect of the person and mostly the principle of ultima ratio
Piedade, Chiconela Santana Madalena Da. "Éducation et décentralisation : le régime juridique du transfert des compétences de l’État aux collectivités territoriales dans le domaine de l’éducation." Paris 8, 2013. http://octaviana.fr/document/178860999#?c=0&m=0&s=0&cv=0.
Full textIn Mozambique the constitutional revision of 1996 led to the introduction of a decentralizing public administration policy. The country becomes a decentralized unitary state. Since 1997, laws and regulations adjusting the legal regime of the implementation of decentralization were adopted, including the local electoral process, the legal framework for the implementation of local authorities, the organization and functioning local authorities, the financial system and the supervision of the State local authorities. Decentralization is through the effective transfer of skills from the state to local governments, in several areas, particularly in the field of education. However, the decree allowing the transfer of powers was adopted only in 2006, and even today the implementation of this regulation remains deficient. This paper analyzes the legal framework for decentralization and transfer of competencies in the field of education in particular, to understand the issues related to the application of this legislation, recognize the obstacles and devise possible solutions. The study highlights the issue of the needs for effective decentralization through the transfer of powers from the state to local governments in order to complete the reform of public administration in the country, thus strengthening the democracy and good governance at the local level. However, beyond the material and financial conditions there is the need to include decentralization as one of the priorities of the government. This leads us to conclude that decentralization remains an unfinished process in Mozambique, because, in spite of few exceptions, the transfer of skills is not effective and the entire country is not decentralized
Aba'a, Megne Harry. "Lex loci protectionis et droit d'auteur." Thesis, Université Côte d'Azur, 2020. http://theses.univ-cotedazur.fr/2020COAZ0013.
Full textThe principle of territoriality dominates the field of intellectual property and that of copyright. If this principle and the conflict rule it inspires, the lex loci protectionis, were real advances at the end of the 19th century, they are nowadays difficult to convince. Indeed, the principle of territoriality, which is linked to the principle of sovereignty in its dimension of regulation of the internal legal order, is undergoing multiple challenges. However, because of the intensification of transnational exchanges, the extension of markets, the rise of private economic powers, the dematerialised exploitation of works and in particular the possibility of disseminating them on global networks such as the Internet, sovereignty tends to lose significance. This forces us to question the relevance of a territorial connection to a-territorial realities. Maintaining the principle of territoriality as it stands, in terms of conflict of laws, then reaches legal security and the legitimate expectations of the parties. The approach taken in this work is that of a re-evaluation. It emerges in fact that the retreat in transnational relations of the principle of sovereignty - which underlies the principle of territoriality - should be translated in terms of conflict rule by a retreat of the said territoriality. Against the general trend which confirms the hegemony of the lex loci protectionis, the present work proposes, on the one hand, to circumscribe its competence in the fields where the principle of territoriality is not imposed as a necessity, and on the other hand to reorient the connection in such a way as to limit the competition of the applicable laws. In other words, to reserve a place for universalism understood as a bulwark against the variability of the applicable law and the legal insecurity that this variability could entail
Berenz, Philippe. "La notion de juridiction de l'Etat dans le contentieux européen des droits de l'homme : Essai sur la délimitation spatial de la Convention européenne des droits de l'homme et des libertés fondamentales." Paris 1, 2011. http://www.theses.fr/2011PA010303.
Full textJoly, Marine. "La matérialité de l'infraction à l'épreuve des extensions du principe de territorialité." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020088/document.
Full textWith the constant increase of international felony and criminality, more and more offences take place partially or totally out of France. In order to submit theses offences with a foreign element to the French criminal law, the national lawmaker and criminal courts are trying to repatriate these breaches within the French territory by trying to establish a link between France and the offence incorporating the foreign element. Since the National boundaries cannot be modified therefore the offence is legally modified. Consequently, the rules regarding the accomplishment of the offence will be modified in order to establish its location. The present Thesis leads to enhance an artificial progression which consists in retaining a connection for the offence, either pertaining to the material element of the offence but which cannot be taken into account or, either not pertaining to the material element of the offence which should not be taken into account
Neira, Pinzon Clara Stella. "La compétence internationale pénale à la lumière du précédent Pinochet." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA024/document.
Full textThe application of the criminal international jurisdiction in the Pinochet case left an important precedent in the area of the fight against impunity, as shown by the procedure brought into play by the Spanish Audiencia Nacional and also by the Cour d'Assises of Paris, with the enforcement of the passive personality principle. Actually, with the international arrest warrant for extradition issued by the Spanish judicial authorities, which made possible the arrest of Pinochet in London; the denial of his immunity by the House of Lords and the judgment in absentia in France of his military organization, the international law has a before and an after. The international criminal law is under lined as the juridical foundation of the extraterritorial jurisdiction of the legal authorities of a state. It allows the application as well of the universal jurisdiction principle as of the passible personality principle, both used, in this precise case, with the objective to exercise an international justice
Zanga, Anne-Sophie. "La France et le Canada face à la crise des Rohingyas : quand agir devient nécessaire au regard de la compétence limitée de la Cour pénale internationale." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/38636.
Full textJouzel, Tony. "Pouvoir et responsabilité au sein de l’administration décentralisée." Brest, 2011. http://www.theses.fr/2011BRES5001.
Full textThe democratic principle applied to decentralized administration means that local representatives have decision-making power but also as a consequence, corresponding responsibility. In this framework, a local civil servant can only obey political orders and so cannot be held personally liable. However, this distribution is deeply changing. This evolution derives from an increase in the liability of local representatives which reaches beyond the power they have. They will therefore have to find a way of decreasing their personal liability, whether directly or indirectly, by reducing their own power. Meanwhile, local civil servants who thanks to their status and behaviour enjoyed some freedom will take advantage of the withdrawal of local representatives to further increase their own power. This factor is intensified by behavioural and structural changes of administration in general and of its decentralised version in particular. Administration now focuses on better performance but also on transforming about the network figure. Power and responsibility sharing have therefore been reorganised, giving to each actor, representative and civil servant, a new place
Hristev, Hristo. "Le développement de la construction européenne et l'affirmation d'une compétence communautaire en matière pénale." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0378.
Full textThe present thesis focuses on the assertion of Community competence in criminal matters. It aims not only to answer the question as to how the European integration process allows room for the recognition of a power of the European system in the field of criminal law, but also to shed light on the various aspects of the above-mentioned competence.The first part of the study revolves around the problem how the two essential factors leading to the recognition of a Community competence in criminal law brought about an effect of framing criminal sovereignty as towards the Member States of the European construction. This phenomenon manifests itself in two aspects. On the one hand, the principles of the application of European law alongside the functioning of the European integration system together play a very important role in limiting the sovereignty of the Member States in the field of criminal law. On the other hand, the important matter of using the set of legal tools of the European integration to combat cross-border criminality, resulted, despite the lack of common will to make explicit conferral of competence in the field of study, in the establishment of the Third Pillar as a specific European legal framework in criminal matters.It is the recognition of power of intervention of the European integration system in criminal law matters that is analysed in the second part of the present study. This recognition is conditioned by two main factors - the effective implementation of European integration law and the need to use the integration legal tools to combat cross-border criminality. It also made a constructive attempt to clarify the nature and the conditions of the exercise of the abovementioned competence. In this aspect, the two sources of the assertion of a Community competence in criminal matters and the precise legal expressions of this process are examined in the first place. Thus, the dialectical interconnection between the development of the European legal construction as a new form of public regulation and the recognition of the power of the European community to intervene in criminal matters is demonstrated. In a second step, the legal provisions of European competence in the field of criminal law according to the Treaty of Lisbon are analysed in depth. This shows the legal understanding of European competence in the field of criminal law and allows a positive conclusion on the originality of the European integration system as a federation of an unseen kind to be drawn. In this respect, the present study establishes that the assertion of a Community-based competence in the field of criminal law is an emanation of the peculiar nature of the European construction, a function of the deepening of the European project and of the consolidation of the integration system as a new form of public power
Motard, Geneviève. "Le principe de personnalité des lois comme voie d'émancipation des peuples autochtones? : analyse critique des ententes d'autonomie gouvernementale au Canada." Thesis, Université Laval, 2013. http://www.theses.ulaval.ca/2013/29669/29669.pdf.
Full textBardoul, Caroline. "Les collectivités territoriales et le développement durable." Thesis, Orléans, 2010. http://www.theses.fr/2010ORLE0003.
Full textTwo milestones guide the implementation of local sustainable development by local governments : first each local authority must conciliate sustainable development pillars on its territory ; then this approach must be integrated with the one of the other local authorities. Only then can local sustainability management be overspread and harmonious. However, the lack of legal constraint imposing the implementation of these milestones has two consequences: on the one hand, Sustainable development norms can be adapted by local authorities to the specificities of their territories, on the other hand, other local authorities do not apply these rules or only partially, taking advantage of “soft law”. Those diverse levels of commitment to sustainable development norms disrupt the territorial cohesion and solidarity that should be part of the notion of sustainable development. In the actual state of law the implementation of sustainable development norms by every single local authority is unattainable. There are nevertheless legal means to enforce sustainable development norms beyond the circle of willing territories. But these means are not completely effective. Therefore, in order to make every local authority apply sustainable development norms, some changes have to be made to the existing Law. The first pillar must become a standard so that local authorities won't be able to ignore sustainable development norms anymore, only to adapt it to their local specificities. Moreover,decentralization would lead to a better articulation between each local governing body, therefore allowing forbetter respect of the second pillar of sustainable development. Finally a better financial redistribution between those local authorities would support these legal changes
Melot, Nicolas. "Territorialité et mondialité de l'impôt : étude de l'imposition des bénéfices des sociétés de capitaux à la lumière des expériences française et américaine." Paris 2, 2002. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247098927.
Full textFrance and the USA are said to have adopted corporate income tax systems that are poles apart. Indeed, France would implement a territorial tax system while the Americans would apply a worldwide tax regime. Yet, such an analysis reveals an oversimplified if not caricatured vision of the French and American tax law. Indeed, two tax principles for corporations are taken into account in the USA. American corporations are taxed on a worldwide basis, while foreign corporations have to comply with a strict territorial principle. Likewise, the approach which amounts to saying France has adopted, with regard to Section 209-I of the Tax Code, a unique principle of territoriality, is today out of date. French tax rules are not the same for French and foreign corporations. So, we must consider today that both France and the USA have adopted a similar territorial tax principle and rules for foreign corporations. This principle is not in itself called into question by tax treaties, though they contribute to restricting considerably the tax right of the source State. Nevertheless, these States have chosen distinct tax rules for domestic corporations. In fact, today if they both implement a worldwide system, the measures added to it in internal and conventional law so as to reduce or eliminate double taxation are different and even compete with each other. However, globalization challenges both French and American tax systems. We may wonder which one is eventually the most suitable in such a context considered as irreversible. None of them is really satisfactory. So, today, these States have to clear their path through the worldwide and territorial tax systems to find a compromise solution
Perrin, Maxence. "Essai sur la compétence matérielle des juridictions pénales de jugement." Thesis, Lyon 3, 2013. http://www.theses.fr/2013LYO30027/document.
Full textA core notion in criminal law for the first time put into perspective within the framework of a detailed research work. The assessment of that theme is deserved as this competence is subject to consequences. By evaluating it in extenso, latent incidences find a legitimate place as much in the field of public and private law than in the procedural sphere or in the criminal law. The key point of that theme sets up the assessment of causes and effects in the study of the jurisdiction's evolution in criminal matter.At the time of the confrontation between several necessities of the repressive justice which are immanent to such a study, tendencies between equality and individualization, fair time and swiftness, or legality and equity are joining them ; following the example of those challenges, the jurisdiction is evolving.This study was led under new auspices throughout the writing of that work.The topicality on that theme remains ardent.It should be noted that the jurisdiction of courts of law can be the object of prospectives. If justice's necessities, which seem a priori antagonists, reveal contradictions, middle ways can be taken into account in a way to strike a balance
Ventura, Daniel. "Le gel et la confiscation des avoirs de dirigeants d'Etat étrangers en droit international." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D067.
Full textThe implementation of asset freezing and asset confiscation of politically exposed persons is a contemporary phenomenon of international law. These measures represent the coercive side of the promotion of the rule of law, tackling the most symptomatic cause of its breakdowns - the distortion of the functions of State leaders' to their own profit or to conduct a state policy that violates the most elementary rules of international law. Together, these measures amount to a complex network of procedures whose validity may be justified but also contested, referring to international law. This phenomenon is framed by the rules which govern the jurisdiction of the States in which assets are stored and by the rules of immunity affecting its exercise. It also falls within the scope of international human rights law. The way by which international law may allow or restrict the power to implement these measures has significantly changed in recent years. The validity of this phenomenon with regards to international law remains unclear. These grey areas call for an analysis of the legal rules which could guarantee their legitimacy and effectiveness
Marc, Nicolas. ""Enjeux d'appropriation de l'espace aérien en France et en Europe : vers une territorialisation spécifique." Phd thesis, Université d'Angers, 2014. http://tel.archives-ouvertes.fr/tel-01067892.
Full textSinapan, Tatiana. "Le rattachement territorial fiscal des prestations de services immatérielles à l'aune du droit et de la technologie." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10056.
Full textCurrently, many companies may already operate in other countries without needing to have a physical presence. In this work, the main problem was to know how to preserve the revenue of the states (VAT and tax on corporate profits) in the context of immaterial beyond-borders services in the era of IT. In this perspective, it appears that the question of territorial connection of immaterial services is closely related to a problem of identification and location of the parties.Therefore, it is necessary to continue the cooperation and even to coordinate, first, between various authorities in France, and secondly, between tax authorities and IT providers
Angeli, Oliviero. "Territorial rights and global justice." Thesis, Tours, 2010. http://www.theses.fr/2010TOUR2012.
Full textThis thesis develops a normative conception of the territory that combines the cosmopolitan notion that human beings are ultimate units of moral concern with the putatively non-cosmopolitan right to collective self-determination. Human rights are placed at very heart of this thesis insofar as the arguments developed therein give priority to important human interests over other considerations of social utility or efficiency. On the other hand, the thesis argues that the citizens of states have a moral right to collective self-determination and that this right is reducible to the rights of all human beings as citizens of particular states. Exploring the implications of these arguments, the thesis addresses issues pertaining to citizenship, immigration, and global distributive justice. Some of the arguments developed run against the dominant grain of contemporary political philosophy: residency provides a sufficient reason for claiming citizenship rights, there is no general right to immigration, natural resources are not the ‘currency’ of global distributive justice