Dissertations / Theses on the topic 'Conflit armé non international'
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Fondanèche, Judith. "La protection juridique internationale du patrimoine culturel en cas de conflit armé non international." Paris 5, 2008. http://www.theses.fr/2008PA05D003.
Full textDamaged, destroyed, cultural heritage rarely goes unscathed out of non international armed conflicts, whence the necessity of assuring its protection. Adopting a positivist approach, this study first considers the two parts of the protection of cultural heritage: its safeguarding, too rare at the national and international levels, and the principle of respect, impeded by the military necessity exception and inapplicable in spite of many conventional and customary improvements. Then this study investigates the State or armed opposition group responsibility for violations of the aforesaid rules and analyzes the individual criminal responsibility in the light of relevant developments related to the war crimes against cultural heritage. This study attempts to determine how far the protection can and must go, by considering the central tensions that arise then between universalism, state sovereignty and people identity
Prieto, Sanjuán Rafael Arturo. "Contribution à l'étude de la responsabilité internationale des entités non-étatiques participant à un conflit armé non-international." Paris 2, 2000. http://www.theses.fr/2000PA020094.
Full textLhoni, Murielle. "Humanitaires et Journalistes : des acteurs de terrain non négligeables en droit international, de par leurs missions en zones de conflit armé." Thesis, Reims, 2017. http://www.theses.fr/2017REIMD005.
Full textHumanitarian workers and journalists are actors on the ground who mobilize every time armed conflicts erupt and populations are unfortunately left to their own devices. Their respective missions consist, on the one hand, in helping the victims affected either by illness, famine or war wounds ; on the other hand, to inform about the current conflict situation, sometimes to denounce its abuses and violations of the law of war. However, the danger is never very far from these two actors on the ground, because they are exposed to the direct and indirect effects of the armed conflict that can be : kidnappings or even arbitrary retention, assassinations, rape, etc. The particularity of their missions and the dangerousness of the areas in which they exercise, has increased their importance in international law. It is in this sense that a legal protection framework for humanitarians and journalists has been developed by international law, in particular through two branches of : international humanitarian law and international criminal law. The result is both protection by binding texts of international humanitarian law, as well as protection by judicial repression of violations of these texts thanks to the rules of international criminal law. A perfect balance on paper that the competent jurisdictions are slow to apply, mainly because of negligence or even lack of interest in the legal protection of humanitarians and journalists
Bertrand, Virginie. "Crimes de guerre au XXe siècle et juridictions pénales internationales." Thesis, Montpellier 3, 2012. http://www.theses.fr/2012MON30066.
Full textWar crimes are serious violations of international criminal law. However, each new conflict, international or non-international, gives rise to the commission of war crimes. Why ? Does-it have factors that predispose to violent behaviours ? The 20th century is the century of international criminal law which is first characterized by the establishment of international military tribunals after the discovery of the atrocities of World War II, then international tribunals « ad hoc », eventually it ends by the introduction of an international criminal court. International Criminal Tribunals established for former Yugoslavia and Rwanda have permitted the application of International Conventions, defining armed conflict’s rules, to non-international armed conflicts. What was the impact of these tribunals’ case laws on war crime concept ? Eventually, even if the establishment of International Criminal Court gave hope to combat impunity, its status highlights the delicate balance between states’ sovereignty and the willingness of universal justice. Transitional justice was introduced to complete or to replace institutional justice in some cases. One of transitional justice’s objectives is to make a transition a transition between wartime and peacetime as smooth as possible even if many challenges remain. In fact, the fast restoration of lasting peace would it not be better ? The transitional justice leads us to wonder if we have to judge or forgive war crimes ?
Aparac, Jelena. "La responsabilité internationale des entreprises multinationales pour les crimes internationaux commis dans les conflits armés non internationaux." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100031.
Full textThe nature of armed conflict has shifted significantly in recent decades, becoming increasingly asymmetrical. Multiple studies show that more a state is rich in natural resources, the more likely it is to suffer a long-term internal conflict. Amongst different actors, multinational (or transnational) corporations contribute directly and/or indirectly not only to the conflict, but also to the crimes that may then arise. Private military and security companies, extractive industries, and private financial institutions are particularly likely to be involved in criminal conduct. The first part of this thesis examines the progressive crystallization of substantive law and the foundation of the theory of international responsibility of multinational corporations for international crimes. Unlike the traditional state-based approach of public international law, international humanitarian law, which is applicable in times of armed conflict, places clear and binding legal obligations on non-state actors, and thus also multinational corporations. As a result, this law, as well as international criminal law, can be a foundation for the international responsibility of multinational corporations. This postulate has been accepted since the Nuremberg trials, which for the first time dismissed the principle of societas delinquere non potest and recognized the role of corporations in armed conflict. Despite the proliferation of soft law initiatives relating to corporate social responsibility, it is clear that these are insufficient as they fail to take into account situations of armed conflict. In addition, to justify the applicability of international humanitarian law to corporations, the research identifies the status of companies, their obligations, the consequences of violations of these obligations and establishes the modalities of the attribution of the crimes to the corporations, and analyses the direct and indirect forms of participation of the multinational corporations in the crimes. The second part of the thesis explores possibilities for the implementation of corporate responsibility before international mechanisms and tribunals. In particular, the author is studying the option of engaging the responsibility of multinational corporations before the criminal mechanisms, including before the International Criminal Court (with the amendment of the Rome Statute). Finally, the thesis ends with a study of mechanisms that do not fall under the criminal logic. Therefore, the author is exploring the most suitable opportunity before various institutions specialized either in human rights or international economic law. The author completes the study with a consideration of the documentation of corporate crimes, either through official investigations or by those conducted by civil society and People’s tribunals. The author concludes that the path of international criminal procedure is the most appropriate for the implementation of the responsibility of multinational corporations for their participation in international crimes without excluding other existing competent mechanisms that may constitute complementary proceedings
Romero, Cortes Elsa Patricia. "Vers la construction d'une justice transitionnelle par degrés : le cas colombien." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1020.
Full textTransitional Justice has become a reference in the countries trying to deal with a past of massive and systematic violations of human rights, due to an authoritarian regime or armed conflict. Colombia, ravaged on internal armed conflict for sixty years, is following this trend. In 2005, inspired law on transitional justice was adopted. Nevertheless, this law has not been adopted in a country emerging from conflict. Since it was adopted, transitional justice is a current topic in the Colombian situation. Whether by the normative framework of 2005 or by the adoption of new provisions, the Colombian transitional justice system is developing gradually and has been exposed to significant changes. The analysis of the system leads to determine a link with the past national law over the conflict. The overall study of the legislation on the subject provides a different approach towards the Colombian model. In this perspective, the use of transitional justice is relativized and its character of transitional process is further promoted, the outcome is the progressive construction of the system where the use of transitional justice is not yet exhausted. The current Colombian transitional system matches with a preparatory system to the post-conflict phase. This perspective facilitates the identification of normative failures and the obstacles to overcome, in order to implement an effective and efficient transitional justice system, which will go along with the efforts to end the armed conflict and to ease the post-conflict period
Baldé, Saïdou. "La justice pénale internationale et les conflits armés en Afrique subsaharienne : contribution à l’étude du droit international pénal." Thesis, Toulouse 1, 2019. http://www.theses.fr/2019TOU10014/document.
Full textTropini, Julien. "Le statut juridique des "combattants étrangers" en droit international." Doctoral thesis, Universite Libre de Bruxelles, 2020. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/305601.
Full textWhat do George Orwell, André Malraux, Davy Crockett and Osama Bin Laden have in common? This question might be surprising to some. How to find a common trait between the author of Animal Farm and 1984, the French resistance former minister, and the elected representative of the United States congress rooted in popular culture? Especially, if they are to share it with the former leader of Al Qaeda.Like thousands of others, they were "foreign fighters". In different times and to defend different causes, they undertook a journey which led them to take up arms in foreign wars. This historic phenomenon underwent a new legal turning point the last decade through the flow of thousands of foreigners who joined one of the belligerent parties in Syria and Iraq. To address this threat to international peace and security, the United Nations created the legal term of “foreign terrorist fighter”, subjecting these foreigners in armed conflicts to provisions in international counter-terrorism law. However, this status suffers shortcomings, which make it impossible, in particular, to differentiate between an international terrorist, an international volunteer, a member of an organized armed group or even a combatant of a state armed force. Today, George Orwell, André Malraux and Davy Crockett would probably be considered as "foreign terrorist fighters". In addition, the application of such status to identify actors of armed conflicts is in opposition with some rules of international law. Finally, to determine the correct legal status of "foreign fighters", to identify them and thus regulate their activities, including their terrorist acts, it is to the rules of international humanitarian law that we must turn. Even when qualified as “terrorists”, "foreign fighters" are already identified by the status of the law of war.
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Bannelier, Christakis Karine. "La protection de l'environnement en temps de conflit armé." Paris 1, 2000. http://www.theses.fr/2000PA010331.
Full textMeneses, Copete Yeison. "El río sigue siendo el río. Enfance et résiliences intersectionnelles : des/ombligamientos dans le département du Chocó-Colombie, 1991-2020." Thesis, Perpignan, 2020. http://www.theses.fr/2020PERP0030.
Full textThis research mainly deals with the comprehension of intersectional resiliences processes in children, females and males deracinated (des/ombligados) by the colombian armed conflict having place in the state of Chocó between 1991-2020. The investigation focuses on recognition of the particularities of the armed conflict in the State of Chocó, basically taking into consideration the municipalities of Riosucio and Quibdó. It also considers the impacts of war in Afro, Embera, Waunnan, Kuna and mestizo peasant children. It emphasizes on the identification and analysis of collective and individual strategies, supportive networks, creative development, recreative and playful dynamics in children from Chocó as well. They constitute protective factors with regard to war. It is correspondingly bear in mind that trauma or traces of deracination are reinforced by political crossroads that aggravate vulnerability: colonization, extreme impoverishment, social exclusion, systematic racism, State absence, installed corruption, extractive economy, absence of vital minimum, drug trafficking, and several conflict envisaging the territorial control. Furthermore, children from Chocó grow up in familiar, scholar, and socio-communitarian contexts (resilient tutors) that do not prepare them to face up the exterior world. Considering the changes brought up by the armed conflict in social structures above mentioned, a purpose of this research encompasses the inquiry about the role played by this institutions and communitarian environment in the development of resiliences, resistance, adaptation, agency, copying, and beyond that, intime sufficiences in deracinated children (des/ombligados) from Chocó
Kalhor, Alireza. "La participation directe dans les conflits armés et la notion de combattant : l'externalisation des activités militaires." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20001.
Full textThe notion of direct participation in hostilities has never been precisely defined in international humanitarian law. This ambiguity has led to differing interpretations of the concept of hostilities and legal criteria imply a distinction from direct participation in hostilities as opposed indirect participation (war effort).Indeed, contemporary conflicts have given rise to further challenges in terms of defining and implementing the notion of direct participation in hostilities. The use of high-tech warfare (computer network attack), privatization of the armed forces (private military company), among others, illustrate the increased intermingling of civilian and military activities which make it difficult to determine who is taking a direct part in hostilities and what measures should be taken to protect those who are not directly participating
Aivo, Gérard. "Le statut de combattant dans les conflits armés non internationaux : etude critique de droit international humanitaire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30053.
Full textBefore the Geneva Conventions of 1949, only the international armed conflicts were regulated by the law of the war. This last one could apply in the civil wars only after the recognition of the rebel forces as belligerent party. Now, since the Second World War we attended an increase in non-International armed conflicts. But the Geneva Conventions of 1949 dedicated them only the common article 3; then the additional Protocol II of 1977 came to complete it. These two texts contain numerous gaps, in particular the absence of definition of the "combatants" and the "civilians", making so difficult the respect for the principle of distinction nevertheless essential for the protection of the civil populations. These rules do not regulate either the means and the war methods. Besides the normative gaps, there are material problems which complicate the effective implementation of the relevant rules. It is in particular about the participation of the civil populations in the hostilities, including the children-Soldiers and the mercenaries. The absence of combatant's status in the non-International armed conflicts appears as the main problem compromising the efficiency of the international humanitarian law. Does not this one contribute to the non compliance with this law by the armed groups? Would it be necessary to confer this status to these last ones to bring them to apply the international humanitarian law or to envisage the other means? Which one?
Ranjbarian, Amir Hossein. "La criminalisation des violations graves du droit international humanitaire commises au cours de conflits armés non internationaux." Paris 13, 2001. http://www.theses.fr/2001PA131015.
Full textHassoumi, Kountche Boubacar. "L'application du droit international humanitaire et des droits fondamentaux dans les conflits armés auxquels prennent part des entités non étatiques." Thesis, Normandie, 2019. http://www.theses.fr/2019NORMC002/document.
Full textWhen the instruments of international humanitarian law had to be modernized, the non-international armed conflict was an epiphenomenon and its advent has always been considered a disruptive element of a deeply internationalized international scene. Nevertheless, the growing importance of this type of conflict has highlighted the ever-increasing role of a new type of actors, namely non-State armed groups. From now on, they are the major actors of conflicts largely majority. For this reason, we believe that it is time to change the approach and review the solutions proposed in the applicable international instruments. For all these reasons and to adapt the law to the realities of current conflicts, an approach stripped of any ideological and pejorative burden must take precedence over the current one. Similarly, it is fundamentally necessary to make these groups bear the consequences of their actions by committing their international responsibility
Kimbembe-Lemba, Aymar. "Le statut des salariés des sociétés militaires privés participant aux conflits armés." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3012.
Full textA distinction is made between civilians and military personnel. This distinction is implicit in the substantive issue of this study on determining the legal status of employees of private military companies (PMCs) involved in armed conflicts. Moreover, the defense and State security are provided by various actors of different statuses that have defined roles for a legal framework. Civilians and members of the armed forces are indeed links in this chain. The distinction mentioned over is not confined there, but it is also about the only members of the armed forces because there is a distinction between internal and one external. All members of the armed forces are not entitled to combatant status. However, the denial of combatant status to certain military is only relative and does not affect their right to prisoner of war status. These soldiers are different from those employed outside the armed forces and mandated by their employer to provide benefits to the armies in a theater of operations. This use raises several issues in IHL. PMCs provide services that go from logistics to direct participation in hostilities. This direct or indirect participation in hostilities leads to a “hemorrhage of language” to describe employees of PMCs as mercenaries, new mercenaries, defense and security contractors, soldiers for sale, irregular combatants, etc. Thus, the employees of these companies undertake specific activities of mercenaries? Their companies-employers do they constitute relief societies ? Are they combatants, noncombatants or irregular combatants ? This is so prompt questions that this thesis attempts to answer
Missaoui, Hanane. "L'interdiction du pillage et de la destruction en temps de conflit armé : essai d'approche systémique." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1010.
Full textAfter the end of the Cold War, armed conflicts have witnessed the multiplication of an ancient practice, in a more vigorous manner: the practice of pillaging and destruction. Henceforth, the pillaging and destruction of cultural goods or natural resources, notably, constitutes the real driving force of a conflict. An economic driving force, as the pillaging of cultural goods or of natural resources embodies a medium to finance rebels. A war driving force, as the pillaging of natural resources implies the forced labour of civilians. Also, the pillaging or the destruction of cultural goods is part of an objective of destruction of the identity of an ethnic group. Farther the violation of humanitarian law, the violation of the prohibition of pillaging and destruction implies the violation of human rights. As a consequence, this prohibition, at the crossroads of laws, constitutes the backbone of a real legal system
Lachal, Doriane. "La protection internationale des personnes vulnérables déplacées." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111011.
Full textThe international community considers some displaced persons as irregular migrants. This study demonstrates that the departure is undeniably forced concerning three groups of people : the persons fleeing blind violence and the collateral effects of an international or non international armed conflict, the persons fleeing man-made or natural environmental disasters, and the persons fleeing difficult economical or social situations. The classical approach of public international law based on distinct categories does not guarantee effective protection to these persons. As no particular international status is given to these persons, they are in a situation of vulnerability. In which way an effective protection could be a guarantee to these vulnerable displaced persons? Currently, most of the States defend a safe approach, strictly controlling the management of migration flows and applying more or less protective international legal instruments. Complementarity of different legal systems (international refugee law, international humanitarian law, international law of human rights) is therefore necessary and a broad interpretation of existing texts is recommended. To overcome the shortcomings of positive law, the use of the concept of vulnerability, crossing different situations, is invoked, in order to exceed the traditional categorical approach. Not yet recognised as a source of international law, the term “vulnerability” has become an essential notion on the international scene in recent years. It appears occasionally in conventional instruments and is frequently used in soft law. It has been gradually developed through the international and regional jurisprudence and also by the doctrine. The discourse of humanitarian organizations and the media often refers to the notion. The development of the concept of vulnerability in soft law, specifically in the shape of guidelines would ensure a better protection of vulnerable displaced persons. In this regard, guidelines could prevent people fleeing, grant a temporary or a permanent status and provide dignified reception conditions in the host States or regions. This instrument of soft law would be used as a guide for States subsequent to the adoption of protective binding rules. The distinction between vulnerable displaced persons and particularly vulnerable persons has to be taken into account at this stage. Furthermore, the responsibility of the authors who have contributed to the forced displacement or who have committed atrocities against the displaced persons should be brought before the international, regional or national judicial authorities, in order to fight against impunity. Consequently, a fair compensation for the damage suffered must be guaranteed to these persons
Ouandaogo, Abdul Aziz Wendkuni. "La protection des civils contre les violences sexuelles en période de conflit armé en Afrique." Rouen, 2016. http://www.theses.fr/2016ROUED009.
Full textPrud'homme, Olivier. "Grâce à Dieu, nous sommes vivants ! : précarités, violences armées et jeux de pouvoir dans la société salvadorienne (1960-1995)." Thesis, Paris, EHESS, 2020. http://www.theses.fr/2020EHES0160.
Full textThe historiography on the recent period in El Salvador placed the armed conflict (1980-1992) at the center of its reflection, considered as the ultimate consequence of a political closure imposed by the military regime and the starting point for the social violence that dominates society till today. Elites and organized actors are at the forefront. The partisan and macro-economic dimensions were given priority, structuring a teleological narrative.This work is part of a social history that seeks to examine the centrality of the Salvadoran internal conflict and the teleological perspective that results from it. To do this, it compares the period of internal conflict with the previous and subsequent periods, choosing a 35-year period from 1960 to 1995. It brings to the forefront the words and representations of the actors of the moment, especially those who have not been organized.In order to enrich and to refine the explanations at the national scale as well as the political periodization, a decentration of the explanations was carried out, based on differents scales : individual, local and régional. We have sought to identify the changes in the forms of precariousness, violence and power games, as well as the precise moment of their inflection. Particular attention was paid to the articulation of these phenomena with the use of weapons in society and with the evolution of the relationship to armed struggle throughout the period.A wide variety of written sources were analysed in El Salvador : archives and publications of human rights centers and particularly the monthly reports of the Legal Tutelage of San Salvador´s archdiocese, régional and local press, clerical press, partisan publications, scattered documents from various documentation centers and libraries. Outside El Salvador, we used the archives of the Ministry of Foreign Affairs in Nantes. Tens of interviews were conducted with individuals with very diverse backgrounds in order to capture and articulate their experience, representations and relationship to precariousness and violence
Stavraki, Emmanuelle. "La convention pour la protection des biens culturels en cas de conflit armé : une convention du droit international humanitaire." Paris 1, 1988. http://www.theses.fr/1988PA010290.
Full textVanthuyne, Karine. "Le présent du passé : mémoires, identités et pratiques politiques dans le Guatemala de l'après-conflit armé interne." Paris, EHESS, 2009. http://www.theses.fr/2009EHES0390.
Full textSince the end of the internal armed conflict in Guatemala (1960-1996), several non-governmental organizations (NGOs) have sought to convince massacre survivors to testify in court to the violence that they suffered during the war. Based on ethnographic research conducted in Guatemala over nine months (between 2003 and 2006), this thesis examines the joint activities of two of these organizations: the Centre for Human Rights Legal Action, an NGO which is cooridinating two genocide trials against the military high command, and the Community Studies and Psychosocial Action Team, an NGO which offers "psychosoacial" support to the participants of these trails. Taking as frame of analysis their project to "mobilize for justice" massacre survivors, I examine the political identities through which living-together is re-negotiated in Guatemala at the local and national scales: those of the "victim", the "maya" and the "citizen". I also look at the contrasting ways that the inhabitants of two villages in Huhuetenango department appropriate these identities in order to make sense of their experience or to re-engage with the public sphere. A particular attention if brought to bear on the daily experience of remembering violence, as well as the historical, economic, social and political conjunctures in which these processes of articulation and memorialisation of the past are inscribed
Buhedma, Abdulaziz. "Contribution à l'étude de la réaffirmation et du développement du droit international humanitaire applicable dans les conflits armés internationaux et non internationaux : des projets du C.I.C.R. aux protocoles additionnels adoptés en 1977." Orléans, 1985. http://www.theses.fr/1985ORLE0005.
Full textTawa, Netton Prince. "Les stratégies des anciennes puissances coloniales dans la résolution des conflits armés internes en Afrique après 1994 : Sierra Leone et Côte d’Ivoire." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020048.
Full textHe failure of the United Nations Restore Hope operation in Somalia under the leadership of the United States of America and the 1994 Rwandan genocide altered the Western world's relationship to internal armed conflict in Africa. From an initial desire to strengthen the capacity of African actors to manage conflicts within African states, the Western world adopted a position of disengagement from internal conflict in Africa. The United States’ Presidential Decision Directive 25 of May 3, 1994 and the recommendation of the Belgian Senate of January 28, 1998 are particularly significant in terms of changing the Western world’s attitude in favor of Africa in conflict. However, and "going against the current," the United Kingdom on the one hand and France on the other hand have decided to shoulder their share of historical responsibility in the fate of their former colonies in Africa. For these two former colonial powers, the internal difficulties facing the post-Cold War African states were real challenges which these states needed assistance in dealing with. This commitment on both sides of the Channel helped to stabilize and restore peace in two African states in the Rwandan post-genocide era, namely Sierra Leone and Ivory Coast. How did the United Kingdom and France manage to stabilize Sierra Leone and Ivory Coast and extricate them from seemingly intractable conflicts, given the depth of the differences between the actors? What strategic adjustments did the United Kingdom and France make in their interventionist policies in the context of the resolution of internal armed conflicts in Sierra Leone and Ivory Coast, and what actions did they take to achieve success in both these countries? Through a review of the literature as well as through interviews of diplomats, politicians, military leaders and other actors, this thesis demonstrates how, through a synergy of well-coordinated actions, the United Kingdom and France brought peace and tranquility to Sierra Leone and Ivory Coast. Having done so, these two middle-ranking powers, permanent members of the United Nations Security Council, gave Africa and the world reason to believe in international interventions
La, Rosa Aurélie. "Le concept d'enfant soldat et la Cour Pénale Internationale." Thesis, Lille 2, 2013. http://www.theses.fr/2013LIL20006.
Full textSince the end of the 20th century, the eyes of the international community have been focused on the utilization of child soldier in armed conflicts. The proliferation of small arms and light weapons, of poverty, and especially of non international armed conflicts, are crucial factors underlying the phenomenon. Numerous rights of the child protection instruments plan the ban on recruiting and using children as soldiers in hostilities. Despite the normative gaps that emerge, regarding in particular the hiring age of the child soldier, important efforts have been provided by the whole international community. These efforts are going to be completed by the International Criminal Court, in particular with the Thomas Lubanga case, first person brought before the Court, under the unique charge of war crime, namely enlisting or conscripting children under the age of fifteen years, and using them to participate actively in hostilities. This first historical verdict sets up a novel and founding case law regarding war crimes of enlistment and use of child soldiers, which legacy may make other proceedings easier on a national level. If the child soldier appears as a victim, he is also a player in hostilities. When dealing with the child soldier phenomenon, a confusion is quite often made between two antonyms : victim and executioner. How does the international law treat the criminal liability of the child soldier ? Are we witnessing the generalization of a status or, at least, a common denominator ?
Shams, Bamdad. "Le conflit de lois et la production privée des droits fondamentaux : vers un renouveau théorique." Thesis, Paris, Institut d'études politiques, 2019. http://www.theses.fr/2019IEPP0014.
Full textIn a world characterized by a multiplicity of sites of law production, more and more non-state actors act as private lawmakers. The traditional view defended by supporters of legal pluralism is that private actors only produce informal norms supporting private interest. However, those private lawmakers also produce norms that promote and protect fundamental rights and freedoms within corporations’ sphere of influence. These new types of private norms are autonomous, binding upon its subjects, and are not subject to the autority of state law. As a consequence, a new kind of conflicts can arise between state law and non-state law in the fundamental rights area. The purpose of this thesis is to show how private international law can go beyond its traditional function to deal with these hybrid conflicts which do not fall neither within the conflict of laws, nor the traditional human rights methodology. These particular conflicts could be adequately solved through the application of principles such as primacy, subsidiarity and proportionality. These principles could serve as the basis for a humanist approach to private international law, which would lead to the application of the most protective norm for human beings regardless of its origin
Lefeuvre, Cyprien. "Les effets de l'évolution des conflits armés sur la protection des populations civiles." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1008/document.
Full textArmed conflicts have always been interspersed with numerous abuses committed against the civilian populations, notably when the war was of identity or political nature. This is also the case in number of modern conflicts. International law has however continued to strengthen in order to guarantee better protection to civilians against the effect of hostilities, notably by the signing of several conventions at the Hague and Geneva, which today constitute the basis of international humanitarian law. There is, therefore, a sharp contrast between the state of the law and the effective protection of civilians on the field. Why ? Refocusing on the analysis of modern conflicts, this work attempts to look for the cause in the development of soldier's references and in the way they influence their definition of the enemy and their conception of the role of civilians in war. It demonstrates how the evolution of the causes of conflict and the practices of soldiers in asymmetric and deconstructed conflicts tend to place more and more civilians at the heart of the war. This does not mean that international humanitarian law, adopted for the main part after the two World wars and during the seventies, is obsolete. On the contrary, its principal rules relative to the protection of the civilians are flexible enough to adapt to the challenges of modern conflicts, as long as the soldiers are willing to apply them and interpret them reasonably and honestly
Kalifa, Osama. "La protection des enfants pendant les conflits armés : Étude comparative entre le droit international et le droit Libyen." Thesis, Toulon, 2018. http://www.theses.fr/2018TOUL0121/document.
Full textThe protection of children during armed conflict - Comparative study between international law and Libyan lawChildren are a vulnerable group in society and as such they require special protection, especially in times of armed conflict where their rights may be violated, whether they belong to the civilian population or they are militarily involved in armed conflict. This protection is a recent problem and remains more than ever current. It raises the question of what is the purpose of the specificity announced to the extent that there is already a general protection of civilians. Must we then understand that the latter is insufficient to protect children in war situations? Also, does the general as well as the specific protection applied to children vary according to whether the armed conflict is international or non-international? All of these questions will be the subject of the first part of the thesis entitled: « The protection of civilian children in times of armed conflict ».The second part of the thesis on « The protection of child soldiers in times of armed conflict » examines the legal consequences of the participation of children in hostilities. And in this context, whether these children captured by the enemy will get the status of prisoner of war and whether they will be criminally prosecuted in case of commission of war crimes. The other issue raised in this section is the responsibility of the State, the group, the individual, who recruits children for use in armed conflict, despite their commitment not to do so. . The case of Libya appears here the most indicated; indeed, the country has dealt with these issues in its legislation which however presents flaws that we highlight, especially since in that state broke out in February 2011 a war where are recruited and used children
Archambaud, Lise. "Les dynamiques collectives en contexte post-conflit : réflexions sur une résilience socialement soutenable." Thesis, Lille 1, 2018. http://www.theses.fr/2018LIL1A019/document.
Full textThis thesis addresses the notion of resilience in post-conflict context, at the level of local organizations. The emergence of different focus of conflict has highlighted the inability of some states to provide their populations with access to basic infrastructure and services. As external funding is not able to cover all the needs, it is then the local solidarity mechanisms that are promoted. After large-scale shocks, collective dynamics are seen as a means of recovery. In order to evaluate these collectives, we analyze the structuring processes that lead to collective action but also the functions attributed to them by their members as well as their pathways. The emergence of the notion of resilience in the political agenda of international institutions in order to think about recovery comes up against two main difficulties : first of all its conceptualization, and secondly its operationalization. It is those pitfalls that we try to overcome in this work. Understood as a process, resilience can be articulated on the one hand with the notion of social sustainability, and on the other hand with the capability approach. Through an analysis conducted on three research fields affected by serious socio-political crisis, we propose to identify the foundations of socially sustainable collective resilience at the level of local organizations
Michaloudi, Roumpini. "La justification de l'intervention armée unilatérale dans la cadre des conflits intra-étatiques." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA002.
Full textThis thesis examines the arguments and the modalities of justification of the military interventions of States, of the coalitions of the willing and of the regional organizations in the internal conflicts of other States by virtue of the international law, when these interventions take place outside the framework of the UNO. This type of intervention is current nowadays given that the intra-state conflicts constitute the overwhelming majority of world conflicts and taking into consideration the multidimensional crisis of the UNO. The justifications invoked by States as well as by the doctrine aim to legalize or at least to legitimize what would be considered at first sight as an illegal use of force under the law of the United Nations and in particular under the principle of non- intervention in civil wars
González-Chavarría, Alexander. "Requerimientos de innovación institucional para la regulación y cumplimiento efectivo de los derechos humanos a nivel doméstico. Lecciones de la evolución del modelo de regulación de los derechos humanos en Colombia en el período 2006-2014." Thesis, Sorbonne Paris Cité, 2019. http://www.theses.fr/2019USPCA056/document.
Full textIn this research, I take as object of study the changes in the regulation model of the human rights problematic in Colombia in the period 2006-2014. Specifically, I focus on the analysis of the two main results of this process of change. First, the formulation of the Integral policy of human rights and international humanitarian law (IPHR-IHL), which began to be discussed in 2006 and was finally issued in 2013. Second, the design and implementation of the National system of human rights of the Colombian State (NSHRC), created in 2011 and which integrated in 2014 the IPHR-IHL as normative framework. These two results define the current state of the regulation model. On the one hand, a public policy negotiated and concerted upon an intersectorial and multi-agent schema, with the participation of both state and non-state actors, which was integrated into the functioning of the NSHRC. On the other hand, the re-concentration of the regulation functions in the Colombian state, leaving little room to the non-state actors for their political influence. This current state of the human rights regulation model in Colombia is the main result that I want to analyze and explain in this research.In this process, several actors have taken an active role from different areas of the international development cooperation with Colombia, and also the Office of the UN High Commissioner for Human Rights based in Colombia (OHCHR-C). This allowed that both the process of change in the regulation model and the two central outcomes of this process were directly related to and determined by the international dynamics, especially the dynamics proper to the international system of human rights centered at the United Nations (ISHR-UN). This system has undergone significant changes during the first decade of the 2000s that led to the generation of new requirements in terms of regulation and fulfillment of the human rights normativity at the national level. As far as the Colombian state is part of the ISHR-UN and that, therefore, the domestic evolution of the regulatory model is partly determined by the dynamics of this international regime, we must take into account these new regulatory requirements generated at the international scale for the analysis of the processes of change in the regulation model at the domestic level in Colombia
En esta investigación tomo como objeto de estudio los cambios en el modelo de regulación de la problemática de derechos humanos en Colombia en el período 2006-2014. Específicamente, me enfoco en el análisis de los dos principales resultados de este proceso de cambio. Primero, la formulación de la Política Integral de Derechos Humanos y Derecho Internacional Humanitario (PIDH-DIH), que se empezó a discutir en el año 2006 y se formuló finalmente en el año 2013. Segundo, el diseño e implementación del Sistema Nacional de Derechos Humanos del Estado Colombiano (SNDHC), creado en el año 2011, al cual se integró la PIDH-DIH como marco normativo en el año 2014. Estos dos resultados definen el estado actual del modelo de regulación: una política pública concertada en un esquema intersectorial multiagente (agentes estatales y agentes no estatales) e integrada al funcionamiento del SNDHC, cuyo diseño institucional concentró la función de regulación en el Estado, dejando poco margen de incidencia política a los agentes no estatales. Este estado actual del modelo de regulación de los derechos humanos en Colombia es el principal resultado que busco analizar y explicar en esta investigación.En este proceso tomaron parte activa, entre otros, varios sectores de la cooperación internacional para el desarrollo con Colombia, así como la Oficina del Alto Comisionado de las Naciones Unidas para los Derechos Humanos con sede en Colombia (OACNUDH-C). Esto permitió que tanto el proceso de cambio en el modelo de regulación como los dos resultados centrales de este proceso se conectarán y estuvieran directamente determinados por dinámicas internacionales, particularmente las dinámicas propias del Sistema Internacional de Derechos Humanos centrado en las Naciones Unidas (SIDH-ONU). Este sistema experimentó cambios normativos e institucionales de importancia en la primera década de los años 2000 que generaron nuevos requerimientos en materia de regulación y cumplimiento de los derechos humanos a nivel doméstico. En la medida en que el Estado colombiano hace parte del SIDH-ONU y, por tanto, la evolución doméstica del modelo de regulación está parcialmente determinada por las dinámicas de este régimen internacional, para abordar el análisis del cambio en el modelo de regulación en Colombia debo tomar en cuenta estos nuevos requerimientos de regulación generados a nivel internacional
Okila, Vinc Denalet. "La reconstruction économique des territoires ravagés par des conflits armés au regard de la Charte des Nations Unies." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCD068/document.
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Puljak, Marie-Paule. "Le droit international privé à l'épreuve du principe communautaire de non discrimination en raison de la nationalité." Paris 2, 2002. http://www.theses.fr/2002PA020087.
Full textMéité, Mamadou. "La juridicité des droits de solidarité en droit international : cas du droit à la paix et du droit au développement." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100048/document.
Full textThe justiciabilty of solidarity rights, especially the right to peace and the right to development, remains a controversial issue in international law scholars. Unlike the civil and political rights or even social, economical and cultural ones, the rights to peace and development, symbols of the solidarity rights are generally relegated to mere axiological and lawlessness aspects. Indeed, they are alleged to not be consistent with the normative features that determines the justiciability. From this point of view, they have been denied any object, neither holders, nor established legal basis. Hence their justiciability has been persistenly challenged. However, we argue that this approach is questionable, because the rights to peace and development are true subjective rights. Based on conventional and customary legal foundations, the rights to peace and development are recognized for both states and individuals. Firstly, the right of individuals and states to peace refers to the right to be protected against inherent violences of armed conflict, which is defined as all forms of collective, intense and protracted armed violence. Secondly, the right to development of the individuals and the state is equivalent to the right to well-being or to a full personal development. Therefore, in addition to non-judicial protection mechanisms, it is possible to claim those rights before international courts in order to ensure their effectiveness and their justiciability
Berkes, Antal. "Les "zones grises" : la protection des droits de l'homme dans les zones hors du contrôle effectif de l'état." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010323.
Full textThe present thesis analyzes the international protection of human rights in "grey zones", defined as geographical areas where the State, sovereign of its territory, is unable or unwilling to exercise effective control. However, once the State has no more control over a part of its territory, human rights monitoring mechanisms become paralyzed. The main question to which the present study aims to answer is whether and how international human rights law can effectively apply in areas out of the effective control of the State, primary guarantor of human rights in its territory. The First Part aims to analyze the question of the applicability of international human rights law and to answer to the questions related to its applicability ratione loci, ratione materiae and ratione personae. The conclusions clarify whether this branch of international law continues to apply in the "grey zones" and which are the obligations binding States while answering to the related question to which other subjects human rights obligations are opposable. The Second Part examines the questions related to the implementation of the norms of international human rights law, i.e. the question of international responsibility for human rights violations and the challenge of the engagement of the responsibility in control mechanisms. The present thesis claims that international human rights law is able to impose its applicability and its implementation in such an imperfect situation
Grădinariu, Laura. "Le droit à la santé mentale dans le cadre des conflits armés." Thesis, Strasbourg, 2012. http://www.theses.fr/2012STRAA013/document.
Full textThe thesis identifies the gaps and shortcomings regarding the implementation of international legal instruments applicable in the context of armed conflict (the Geneva Conventions of 1949 and the Statute of the International Criminal Court) in what concerns the protection of the right to mental health. A solution for a better protection of this right is proposed, consisting in amending the relevan international legal instruments with a distinct new provision criminalizing the violations of the rightto mental health during armed conflicts.The research highlights the serious consequences of violating the right to mental health during wartime, showing the causal link between the trauma produced by the conflict, the development of mental disorders, the changes of the "normality" standards of communities and the increased occurrence of antisocial behavior. The thesis proposes a hypothesis that explains the amplification of crime rates after the war by the influence of the psychological trauma suffered by the respective population as a consequence of armed conflict
Fathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence." Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
Full textEgger, Clara. "ONG : Organisations néo-gouvernementales : analyse des stratégies étatiques de contrôle des ONG humanitaires en zone de conflit : (1989-2005)." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAH032.
Full textThis thesis examines how States control their humanitarian NGOs. NGOs may sometimes enjoya great room of manoeuver in the implementation of their mandate, whereas, in othercircumstances, they act as sub-contractors of their home States’ foreign policies. This researchaims to identify the factors leading them to opt for one or the other course of action, as well as themodalities of States’ control (coordination or laundering). We explain why, at the end of the ColdWar, States have increased their commitments in humanitarian action, firstly bilaterally and then,multilaterally. Drawing upon the analysis of the international humanitarian policy between 1989and 2005, we reveal a 5-phases causal process which explain why States delegate competencies toan international agent when faced with the failures of their unilateral strategies. The results showthat States fund humanitarian aid in a strategic way, aligned with their geographic and politicalpreferences. Humanitarianism enables them to support their former colonies, to contribute toanti-terrorism policies, and to back military interventions. States’ funding mostly benefit to NGOthat depend on their home States. NGO thus become neo-governmental organizations. Theseagencies experience a greater rate of rejection of their action in conflict zones that NGOs thatrefuse to rely on public funding. Faced with the failure of their unilateral control strategies,European interventionist States delegate the management of the humanitarian policy to an agent,ECHO, who mandate is to make the State control of NGOs less visible. This situation raisesmultiple-agency problems: the agent slips because of its strong permeability to its sub-contractors.The principal react by reinforcing the control of its agent. At the end of the day, the humanitarianpolicy builds on a fragile equilibrium in which each State strives to control is while knowing thata too visible control decrease the efficacy of such policy, which precisely lies on its neutrality
Heyraud, Yann. "Le droit non-étatique dans les rapports internationaux privés : contribution à l'étude des fonctions du droit international privé." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D009/document.
Full textThe production of non-state norms is growing in private international relations. The analysis of these norms in commercial and sporting activities is progressively building a unified definition of the notion of non-state norms: set of rules written and unilaterally drawn up by private and/or public actors, has intended to be applied with regard to the activity concerned, regardless of State borders. This proposal is put to the test of the various interactions maintained by non-state norms, in order to explain how these norms work. Arbitration attests to its receipt, the frequency of its application and even its promotion, up to the exclusion of imperative national rules. The French legal system, as a matter of principle, refuses to accept these non-state norms. Exceptionally, this principle is contradicted by the action of judges, legislators or bodies whose competence is recognized by the French legal system. At a -supra-state level, the Court of Justice directly controls non-state norms which may hamper the freedoms guaranteed by the European Union, including the free movement of workers. The European Court of Human Rights has the possibility of indirectly controlling non-state norms transposed by States, due to potential breach of individual freedoms, for example in the fight against doping. Moreover, Private International Law helps to explain the application of non-state norms, enhances their efficiency, and potentially and prospectively participates in the resolution of conflicts of norms produced by nonstate norms
Kaboré, Daouda. "Organisations internationales, démilitarisation de la vie politique et construction de la démocratie en Afrique de l’ouest (Côte d’Ivoire, Libéria, Sierra Léone) : 1990-2011." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100001/document.
Full textSince 1990, the West African states face insecurity and the struggle for armed conflict resolution. They are mostly destabilized by military coup. International community support Côte d’Ivoire, Liberia and Sierra Leone in the research of conflict solutions and the building of democratic institutions in the African states. Instead of the interference of the international organization in the African’s internal affairs and the strategies adopted, the insecurity continues to be a real problem for the stability of the sub-region. The states continue to be fragile. According to the assistance of UNO specialized agencies, an international Non-Government Organization (INGO) network is built around the assistance activities, to support the consequences of the armed conflicts. The INGO make the most of the opportunities to reinforce their position in the state and to create others activities to improve their business. Despite all positions of ECOWAS, African unity organization, and African Union to prevent conflicts and to find mechanisms of the management and peaceful solution, the states are not able to build a long term peace. The member states make the most opportunity of the insecurity of the sub region. Theirs strategies are to protect their own interests instead of finding solutions for peace. This behavior and the incoherence in theirs peace-actions continue to be subjects of discussion. This makes think another approach of conflict resolution in Africa. My research is to analyze the strategies of the international organizations, their strength and their weakness in peacekeeping and the capacity-building of African democratic institutions
Minois, Maud. "Recherche sur la qualification en droit international privé des obligations." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB132.
Full textFor a long time, the lege fori characterisation has dominated the international scene. It has evolved from a strict conception, witness of a particularistic approach of private international law, towards a more flexible conception. Nowadays, authors accept the lege fori characterisation as an appropriate characterisation method. Faced with the law of obligations, the lege fori characterisation shows its weaknesses. It is suffering from an original defect which prompts interrogations on its merits. Even relaxed, the lege fori characterisation cannot be detached from the concepts of the lex fori. An international situation will therefore be resolved according to concepts dictated based on the needs of the law of the forum. Such inadequacies can be observed when studying hybrid cases. Hybrid cases hypotheses are extremely difficult to classify as they stand on the border between matters relating to tort/delict and matters relating to contracts. The present study will search for a characterisation model able to fulfil the international function of the rule to apply. A European understanding of characterisation exists beside the lege fori characterisation. It revolves around the elaboration of autonomous characterisations, in principle distinct from the lege fori characterisation. The European Court of Justice chose an autonomous characterisation for the notions of matter relating to contract and matter relating to tort/delict. Faced with the lege fori characterisation, the autonomous characterisation reveals its true nature. In some respects, it is a type of lege fori characterisation. From another perspective, it diverges from it and can be interpreted as a true international characterisation. Unlike the lege fori characterisation, the autonomous characterisation fulfils the international function of the private international law rule. Therefore, it is suitable to the needs of international affairs. Once the merits of the autonomous approach have been established, it is necessary to consider whether it can be generalized or not. Indeed, the adoption of a complete set of rules in European private international law relating to contractual and non-contractual obligations highlights a debate on the opportunity to adopt a unitary characterisation for the common notions of the Rome and Brussels Conventions and Regulations. The present study suggests to consider an autonomous and monistic model for characterisation but only to the extent international relations are involved
Betabelet, Wouloungou Julie Roselyne. "Ressources, territoires et conflits : élevage bovin et exploitation minière dans l'Ouest centrafricain." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01H104.
Full textThe Central African Republic has been experiencing sociopolitical and military crises for several decades. Those reached their peak in 2013 when clashes between the Séléka, a rebellion in the north and the AntiBalaka, a group of local militias, arose. The state no longer has control over the entire territory which is fragmented and held by armed groups. Presenting the casestudy of West Central African Republic, this thesis shows that armed conflicts have profound implications on people's relations to resources and territories. These conflicts also tend to destroy some economic activities such as cattle farming and artisanal mining. Not only it induces the reorganization of the production areas of pastoral and mining resources, but it also triggers a tendency for a decentralized access to resources via weapons. Such armed control impacts actors, networks and marketing flows. Our works focus on the dynamics of West Central Africa during the period 20132017. They are essentially based on a case study at the scale of the pastoral area of NiemYellewa, which shows how resentments between the dominant groups and power struggles between local leaders and the armed groups looking for resources, aggregate to generate, maintain and perpetuate a local conflict
Bonnamour, Blandine. "Le dommage en droit international privé européen. Réflexions à partir du règlement Rome II sur la loi applicable aux obligations non-contractuelles." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30033.
Full textThe Rome II regulation on the law applicable to non-Contractual obligations states a common rule of conflict into the European Union. Legal security is one of its main purposes and justifies more specifically the choice of an unprecedented connecting factor in comparative international private law: the damage. Nevertheless, the notion of damage covers many different meanings in the different countries of European Union. This plurality may compromise the satisfaction of legal security and, by failing to address this specific issue, the European regulation Rome II turns out to be unfinished.This study intends to suggest solutions to effectively complement and harmonize the notion of damage as a connecting factor in European international private law.Some theoretical and practical reflections lead us to consider two types of answer. The first one is aimed at practitioners. It consists in drawing up an autonomous notion of damage distinct from the material notion of prejudice. A second solution is aimed at the European legislator. It consists in a new methodology based on the adoption of a European international private law of the damage. This means drawing up new conflict categories, exclusively organized around the notion of damage
Cohen, Corentin. "Politiques des images dans les conflits armés contemporains : cas de l’insurrection de Boko Haram et de la violence urbaine liée au Primeiro Comando da Capital à Sao Paulo." Thesis, Paris, Institut d'études politiques, 2017. http://www.theses.fr/2017IEPP0043.
Full textThis thesis aims at understanding the visual dimension of contemporary armed conflicts. To do so it presents empirical datas on the pictures, their production, circulation and reception during two armed conflicts. The first case is the urban conflict around drug trafficking and the Primeiro Comando da Capital in Sao Paulo. The second one is the Boko Haram insurgency in Nigeria, Chad and Cameroon. This approach shows that contemporary conflicts are entangled in controversies about their meaning and definition. The actors of theses conflicts try to impose their own framing and their interpretation of the conflict using pictures. When the actors do not produce images, they are forced to advance some interpretations of the pictures. To identify the role of images in controversies relating to armed conflicts the thesis develops two concepts. The first one is the « regime d’images ». It underlines the modes of functionment of these images and makes it possible to explain their power over the controversies. This concept is used to show the different dynamics in the two cases. Regarding the Boko Haram insurgency, one of the « regime d’image » contributed to the internationalization of the conflict. In Sao Paulo the regimes of images reinforce the different positions of the actors in the controversy. The thesis also develops the idea of aesthetic capital of armed groups. This aesthetic capital can be transformed into military capital. We validate this hypothesis showing how this capital worked for the PCC and Boko Haram. The two groups are forced to adopt the visual codes and the aesthetic of the Islamic State to manifest their political antagonism
Mojak, Karolina. "L'avenir du critère de la nationalité en droit international privé." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB191.
Full textThe decline of the nationality in private international law is nowadays an undeniable reality. The impact of an almost unconditional mobility of European citizens and the emergence of other connecting factors in the personal law result in the weakening of the nationality link, despite its historical role in determining the law applied to an individual. The weakening is confirmed by the modern European legislation and case law. This study seems essential to understand the foundations of nationality as the connecting factor and takes into account the important changes of the nationality and its uncertainty. Indeed, the evolution of the European private international law led to the switch of the connecting factor from nationality toward territorial nexuses. Particular significance is put on the nexus of habitual residence, which is considered to be more efficient and less discriminatory, and is retained by the main European regulations and judgments, not only in case of international divorces or parental authority, but also according to such matters as legal capacity. Furthermore, the superiority of human rights appears to be the essential reason for the acknowledgement of individuals as the quasi-subjects of international law, which resulted in the decline of nationality as a connecting factor. Consequently, the principles of non-discrimination and personal autonomy impact the further fields of personal law, e.g. disunion and heritage. In the light of these new paradigms, it should be questioned if it is possible to overcome the decadence of the nationality and authorize its part in some matters of the European private international law, as it was regulated in the new heritage European regulation. For these reasons, this study propose a methodology that determines the reasons of the fall of nationality as the nexus of the private international law, both in the conflict of laws and in the conflict of jurisdictions, and provides some reflections on its irreversibility
Torossian, Sévag. "Le Haut Karabakh." Paris 2, 2004. http://www.theses.fr/2004PA020010.
Full textMouzer, Frédérique. "Les relations entre le gouvernement intérimaire rwandais et la communauté internationale (8 avril-18 juillet 1994)." Thesis, Normandie, 2018. http://www.theses.fr/2018NORMLH23.
Full textAn analysis of relations between the interim government of Rwanda and the international community during the genocide of 1994 demonstrates how political, even geopolitical, factors were given priority over strictly judicial and humanitarian considerations by the UN and the third-party states most implicated in this crisis (Belgium, France, the USA). The progressive marginalisation of the interim government on the international scene, at the time when it was soliciting external help to put a stop to the massacres, did not see a reinforcement of staff or of the mandate of the United Nations Assistance Mission for Rwanda (UNAMIR), which nonetheless constituted the principal demand of the Rwandan authorities to the Security Council.This disengagement on the part of the international community happened to the detriment of the security and protection of the civil population under threat. At the same time the criminalisation of this government contributed to the endorsement of a military outcome to the conflict ; the outcome desired by the rebellion of the Rwandan Patriotic Front (RPF), contravening the Arusha Accords signed in 1993. The presumption of guilt attached to the government camp subsequently had a strong impact on international justice, as the International Criminal Tribunal for Rwanda (ICTR) had failed in its mission of judging all the perpetrators of crimes committed in 1994, and of favorising national reconciliation, due to its lack of impartiality and independence as much at the level of investigation and prosecution as at the level of the delivery of the judgments and their enactment
Mailhé, Francois. "L'organisation de la concurrence internationale des juridictions : le droit de la compétence internationale face à la mondialisation économique." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020063/document.
Full textFrench private international law doctrine classicaly defines judicial jurisdiction as the branch of law that deals with describing the hypothesis under which the State makes its courts available to claimants in international matters. This presentation, though, faces two contradicting evolutions in modern-day litigation of international business matters. First, it does give no account of the increasing internationalization of this branch of law, where numerous international conventions and European regulations now regulates judicial jurisdiction between judges of different countries as they would with venue between judges of the same State. Second, this presentation ignores the development of international courts and arbitral tribunals even though these tribunals compete with or replace national courts in international business disputes.The reason for this double exclusion may actually be found in an analytical bias inherited from a century-old description of private international law as a conflict of State regulations, a bias that neither modern theory nor law itself confirms in any way. More simply described according to the problem it resolves, judicial jurisdiction may be defined as the branch of law that deals with organizing the international competition of judges. Under this functional definition, it is possible to broaden its scope and to describe the organization of international justice for business matters, both public and private, both State and International. Also, then encompassing rules of procedure, it becomes possible to offer new solutions to take into account foreign jurisdiction for a better international cooperation
Dyukova, Yulia. "L’utilisation du droit international humanitaire par les organes chargés de la protection des droits de l'homme." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020014.
Full textInternational human rights law and international humanitarian law are two branches of public international law which share the objective of protecting individuals. Yet, stemming from different historical and political backgrounds, these two legal regimes do not rely on the same principles and their institutional systems are very different. This research examines the use of international humanitarian law by bodies which are in charge of surveilling the application of the principal regional and universal human rights instruments. The focus of our attention will be on the way these bodies can contribute to international humanitarian law enforcement but also and above all on the impact that the use of international humanitarian law can have on human rights protection. The questions that we intend to answer are as follows: to what extent is the use of international humanitarian law by human rights protection bodies possible and instrumental and is it beneficial for attaining the object and purpose of instruments whose application they are mandated to supervise? We have to conclude that the importance of international humanitarian law in their work can only be very limited unless they betray their mandate and transform themselves into judges of the law of armed conflict
Degila, Delidji Eric. "Conflictualité régionale en Afrique subsaharienne post-bipolaire. Le cas de l'Afrique de l'Ouest de 1989 à 2010." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30060.
Full textWhereas the end of bipolarity occurred along with the decline of war at the world level, Sub-Saharan Africa has experienced a surge of armed violence since the early 1990s, in the most common form of civil wars. West Africa is one of the areas mostly affected by the proliferation of intra-state armed conflicts, including three major civil wars in Liberia, Sierra Leone and the Ivory Coast. Such conflicts, sometimes called « new wars », have led to the emergence of non-state actors who act as warlords, in a context of spreading globalisation. These domestic wars are the result of state crisis, deep horizontal inequalities, and political instrumentalisation by some elites of identity-based differences. Through the involvement of various transnational actors, these armed conflicts have extended beyond the national framework and built an actual West-African « system of war ». They also challenge the Westphalian state-model. Post-Cold war regional conflicts in West Africa hence suggest an increased focus on overlapping communities of fate, which play a key-role in the dynamics shaping Sub-Saharan Africa
Larpvanichar, Ratchaneekorn. "Les contrats internationaux : étude comparative franco-thaïlandaise." Phd thesis, Université du Droit et de la Santé - Lille II, 2012. http://tel.archives-ouvertes.fr/tel-00856584.
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