Dissertations / Theses on the topic 'Conflits internationaux'
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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
Surianegara, Dewi Triyati. "La Pluralité des statuts personnels dans le droit indonésien (conflits internes et conflits internationaux)." Paris 1, 1986. http://www.theses.fr/1986PA010286.
Full textIndonesian society has been divided into various groups of population since the earliest days of dutch colonisation. Those groups of population are subject to different private laws. An interpersonal law problem may then arise, when parties of different population groups enter into legal relationship, since choice of law has to be made to decide which law will be applicable to such legal relationship. This division into population groups has survived indonesian's indep endance. With the transfer of sovereignity, in 1945, another side of conflict of laws has grown up, it is to say, the pr ivate international law. Indeed the great theme since the independance is law reform and in the fiel of private law, the effort to supplant the classification of the population based on racial criteria with those of citizenship. Many regula tions promulgated since the tranfer of sovereignity apply uniformly to all indonesians, without regard to population gro up
Surianegara, Dewi Triyati. "La Pluralité des statuts personnels dans le droit indonésien conflits internes et conflits internationaux /." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37601388p.
Full textBaldé, 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 textBarati, Homayoun. "La date critique en droit international." Paris 2, 1994. http://www.theses.fr/1994PA020138.
Full textThe work puts forward a general theory of the concept of critical date as applied, eo nomine or ope notioni, by tribunals in the settlement of international disputes. The exposition opens with an exordium. It is observed that the te rm. "critical date" is used with reference to both jurisdiction and merits, and that in both cases, the function of the critical date is the same : it consists in delimiting, ratione temporis, the factual basis of the decision in order for this to be founded, principally, only upon elements situate on the hither side of the critical date; ensuring, in other words, the "ciscriticity" of the ratio decidendi. A review of the existing doctrine reveals the lack of a general theory able to account for that sameness of functions. The prolegomena of such a theory are laid down, recourse being ha d to such fundamental concepts as "title", defined as the de facto antecedent of which the subjective right is the de ju re consequent, and of judicium, which represents a synthesis of the adjective and substantive law aspects of internation al litigation. This will authorize a definition of the critical date as the determinant of the temporal locus of the "title of jus ad judicium". The three principal parts of the work will discuss the determinantion of the critical date, t he ubiety of matters in relation to the critical date, and the effects of the critical date. Part i provides an exposition of the rules and principles that govern the choice of the critical date for the purposes, first of jurisdiction, then of merits. It is shown that the jurisdictional critical date, while having, pursuant to the principle of consensual competence in contentious matters, its primary source in a designation ex parte simultaneous with the acceptance of the jurisdiction, is nonetheless liable to suffer, in its ultim ate value, the effect of the rules and principels that govern the existence and the purview of jurisdiction in a given c ase. As to the critical date for merits, it may result from a multitude of soruces, and these are inventoried and classi fied prior to an algorithm of rules for the solution of source conflicts being extracted from relevant case law
PARVIN, FARHAD. "Conflits internes et conflits internationaux en matiere de statut personnel, droit iranien et droit francais compares." Paris 11, 1996. http://www.theses.fr/1996PA111005.
Full textThe purpose of this research is to study between french law and iranian law apropos of personal status in conflicts of laws including internal conflicts and international conflicts. In short, the provincial conflict of french law is disappearing, but slowly. On the other hand, the religious conflict of iranian law is very active. With regard to international private law, resemblance is decreasing gradually between french law and iranian law. In iranian law, nationality and supremacy of islamic law are very important. Howerver, in french law, because of intervention a number of international conventions and plurality of judicial factors like domicile and proximity, foreign law has been lost a great deal of his importance. Especially if it has some juridical institutions incompatible with franch society
Prévost-Gella, Jérôme. "Le juge administratif français et les conflits de traités internationaux." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D065.
Full textAlthough conflicts between international treaties are generally a forgotten topic in administrative litigation studies, they constitute a major legal problem for the administrative judge, which are meant to increase. These conflicts, often considered as particular due to the alleged inapplicability of traditional resolving methods for conflicts of norms, raise a number of legal problems for the administrative judge concerning both their recognition and resolution. On the borderline between two legal systems, the internal legal system, owing to its place of occurrence, and an the other hand the international legal system, due to the international origin of treaties, conflicts between treaties are often deal with reluctance by the administrative judge. As a result, this leads to a legal regime still difficult to grasp.This thesis aims at offering a key to understand the treatment by the administrative judge of conflicts of treaties. It demonstrates, through the distinction of the inherent forces/strengths of domestic law on judicial decisions and those of international law, that the conflicts of treaties do not constitute a legal problem of international law, submitted by accident to the administrative judge. The latter, who is an actor in the recognition and resolution of treaty conflicts, has developed a precedent on this subject, resulting in a complex and fragile balance between the logics of domestic and international public law at the core of the essential singularity of the conflicts between treaties before submitted to the administrative judge
Gbandi, Tchapo. "Villes, conflits ethniques et accords sur l'eau : trois essais en économie internationale." Thesis, Pau, 2020. http://www.theses.fr/2020PAUU2073.
Full textInternational trade is one of the key factors that have deeply reorganized the world economy. This thesis addresses three different topics in the field of international economics. It firstly brings new insights on the contribution of international trade to the geographical distribution of populations in countries and secondly, determines trade effect on ethnic conflicts. Afterwards, this document examines the reaction of world trade to international water agreements that increasingly emerged in recent decades as a tool for sustainable and socially equitable development. The contributions of this document stem not only from the originality of the topics discussed and the methodologies adopted, but it also proposes and builds more appropriate indicators that are better suited to capturing the issues under analysis.Thus, the first chapter assesses whether international trade is relevant in explaining the development of large cities in past European colonies. We argue that trade restrictions can provide an advantage to one city, which may become the platform for exports and catastrophically attracts people. By contrast, trade liberalization, by providing market access to other cities, fosters the dispersion of economic activities and consequently a dispersion of the population. The empirical investigations have led to the conclusion that international trade does not drive the size of large cities in the former colonized countries. Only institutions drive the size of primate cities: democracy goes hand in hand with agglomeration.The second chapter analyses the relationship between trade and insecurity in African countries. Focusing on ethnic conflicts, this part of the thesis argues that the type of trading partners determines the opportunity cost of an ethnic conflict. The international trade of ethnic groups, the regional trade and countries' internal trade may have heterogeneous effects on peace. The data analyses results support this prediction by pointing out that international ethnic trade and countries' internal trade are peace-promoting tools unlike trade between countries that share at least one ethnic group, which appears as a factor of ethnic conflicts. However, only international ethnic trade seems to reshape the national identity of countries, which in turn reduces the likelihood of ethnic conflicts.In the last chapter of the thesis, we discuss the growing concern about the international management of shared water resources. As water constitutes an important input in the production of goods, it seems necessary to assess the effectiveness of international water agreements with regards to trade after several decades of implementation. One can argue that these agreements are just "cheap talk", or rather pragmatic attempts to meet the sustainable development objectives to take actions for better water management. Conversely, these agreements, by allowing a better allocation of water resources between countries, can also stimulate production (especially agricultural production) and ultimately trade. Thus, this chapter firstly sheds light on the climate change indicators that are the main drivers of the increasing implementation of shared water resources' agreements. Secondly, it examines whether these agreements affect international trade before proposing their overall effects on countries. In general, the study reveals that water agreements, motivated in particular by high temperature signals, represent a cost to free trade in Europe, Asia and the Americas, except in Africa. Therefore, it seems that these water agreements have substantial environmental protection contents that restrict trade
Morel-Maroger, Juliette. "Les opérations de banque en droit international privé : (étude de conflits de lois)." Paris 1, 2003. http://www.theses.fr/2003PA010268.
Full textStark, Vanessa. "Conflits internationaux en matière de droit de garde et de visite." Nice, 2001. http://www.theses.fr/2001NICE0035.
Full textReydellet, Colin. "Corrélations entre conflits de lois et conflits de juridictions en droit international privé des obligations." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3074.
Full textFrench private international law holds as usual the dissociation between choice of law and judicial jurisdiction. This independence between the two sets of rules is set up as a principle by both majority doctrine and law. According to this principle, any form of correlation is and must be refuted, whether it occurs at the time of implementation of the conflict rules or the time of their formulation. In other words, three hypotheses are thus denounced: that of the direct applicability of the lex fori as such, but also those of the jurisdiction of the forum legis and the parallelism of the conflict rules, which lead to an indirect applicability of the lex fori. However, according to this study, contracts and torts private international law shows that such a principle does not exist and that it is not necessarily appropriate. Indeed, both the mechanism of overriding mandatory provisions and freedom of choice of law give rise to a direct applicability of the lex fori. Moreover, the refutation of indirect correlation modes is inappropriate. On the one hand, the jurisdiction of forum legis makes it possible to guarantee the effectiveness of overriding mandatory provisions, insofar as no other remedy is sufficient. On the other hand, the specialisation of contracts and torts private international law and the influence of European Union law on this discipline generate rules of judicial jurisdiction rules and applicable law that present a certain parallelism that is not only accidental. The thesis thus invites us to question certain classic dogmas of private international law of obligations
Leclerc, Frédéric. "La protection de la partie faible dans les contrats internationaux : étude de conflits de lois." Université Robert Schuman (Strasbourg) (1971-2008), 1990. http://www.theses.fr/1991STR30005.
Full textOne of the most typical aspects of developments in the law of contracts lies in the will to protect the weaher party. At a time where most usual contracts, as consumer or insurance contracts, become frequently international, it seems logical for international private law to be more and more concerned with the need of protection to the benefit of the weaker party. Specially, it should be normal to see conflict of law rules taking in charge this purpose unfortunately, sevenal obstacles bring bilateralist method in contradiction with this arm (part one). First, the connecting factor normally used incontractual matter party autonomy is olviously detrimental to the need of protection. Secondly the unilateralist method seems to be in a strong position to grant a good protection to the weaker party. Neverthelers, this las method is affected by serious disadvantages which plead in favour of a retum to bilateralist method (part two). It is possible to foresee a new conflit of laws rule, directly concerned about the material content of laws, and directed to protection purpose. Such a conflit rule should abandon party autonomy and should place two laws into competition in order to apply the most protective rule. This conflit ule should govern all contracts regulated by internal protective rules
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?
Kale, Buti. "L'action internationale en vue de l'ajustement des situations conflictuelles en afrique australe." Nancy 2, 1997. http://www.theses.fr/1997NAN20004.
Full textWhilst the wind of independence was blowing in the entire african continent in the 1960s, a white minority in settler colonies of southern africa (south africa, namibia and zimbabwe) tried to impose white domination. On the other hand, portugal adamantly refused the peoples of angola and mozambique their right to self-determination. Furthermore, the civil wars that broke out after the years of independence in angola and mozambique, as well as the other conflict situations in the sub-region, were exacerbated and internationalised by the east-west confrontation. The international community in general (uno, other inter-state international organisations (the commonwealth, non-aligned movement. . . ), regional (organisation of african unity, european community. . . ), and subregional organisations, superpowers and middle powers, non- governmental organisations, international public opinion. . . ) has never ceased to endeavour to resolve, since 1946, these conflicts. However, the international community disagreed on the means (coercive measures and/or dialogue) to be implemented in view of facilitating the resolution of these conflict situations. If on the one hand a section of the international community was advocating the use of dialogue, the majority was campaigning for the application of all kinds of sanctions against the refractory regimes of southern africa. It is, in the final analysis, through negotiations that settlements were reached, end of 1994, regarding conflicts that caused havoc, for nearly half a century, in the southern tip of africa. This partly came about due to the superpowers' resolve to settle regional conflicts through peaceful means as well as the end of the cold war. The purpose of this research work is twofold : to take stock of the efforts undertaken by the international community with the view of resolving conflict situations in southern africa and to make an appraisal of the effectiveness and efficacy of those efforts
Vicard, Vincent. "Coopération et conflits internationaux sur le commerce et les investissements directs étrangers." Phd thesis, Université Panthéon-Sorbonne - Paris I, 2008. http://tel.archives-ouvertes.fr/tel-00364095.
Full textRanjbarian, 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 textTornassat, Julie. "Les accords internationaux de société commune et de partenariat : une étude comparative." Paris 1, 2000. http://www.theses.fr/2000PA010306.
Full textKasse, Mamadou. "La problèmatique des conflits en Afrique Noire : étude comparative des conflits." Artois, 2004. http://www.theses.fr/2004ARTO0303.
Full textConflict resolution in sub-Saharan Africa is confronted with a lot of complex causes and the way African states are managed which in most cases are in a state of total decay leading ineluctably to conflicting situations. The conflicts are classified according to the following typology ; internal conflicts bearing on ethnic, identity or political character, on the one hand and frontier or external, on the other hand, consecutive to the questioning of the Berlin agreements. The consequences of conflicts on the political , economic stability of African countries, The involvement of neighbouring and European countries and of the international community as a whole, the relations between Africa, Europe and the United States of Africa are underlined as well as the solutions based on new mechanisms for the prevention and settlement of conflicts. An evaluation of such mechanism raises the issue on whether they ar operational or not, whence the necessity to perfect them gradually
Kauerhof, Rico. "Le problème de la souveraineté de l'Etat et la solution des conflits internationaux." Paris 1, 2005. http://www.theses.fr/2005PA010713.
Full textPashayev, Fuad. "La médiation dans la résolution des conflits internationaux : Martti Ahtisaari à Aceh et au Kosovo." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D093.
Full textThis research analyzes mediation in the resolution of international conflicts, based on two mediation processes run by Martti Ahtisaari in the mid of 2000s. This former Deputy Secretary-General of the United Nations, former Finnish President, Nobel Peace Prize 2008 sees himself as the center man and not the middle man. Equally, he is convinced that he is the key man of peace and remains its true co-decision-maker. This study reveals its mediation slide based on an approach borrowed from E. Goffman. This work is based on some thirty interviews, made with personalities involved in bath mediation processes. Our approach also gives voice to the famous "Finnish mediative opponents", who are underrepresented in the available literature, such as the Australian expert Damien Kingsbury. We also mobilized moving or fixed images; some of which are unpublished. The thesis examines the relationship between mediation and negotiation, throughout the role of various international actors such as NGOs, the EU, the United States and the UN
Benalloul, Vanessa. "Les procédures diplomatiques de règlement des différends internationaux : Fondements, pratiques et perspectives." Nice, 2004. http://www.theses.fr/2004NICE0058.
Full textNumerous are the bloody conflicts that have darkened the History of the World. In the wake of this ever mounting violence, various means of conflict resolution emerged at the end of the XIXth century. Procedures for peaceful resolution took shape during this period. States all around the world had the choice between numerous methods to resolve their differences, the international political actors would wager again and again on the diplomatic procedures for resolving international disputes. The act of resorting to diplomatic procedures can also be explained by the increasing appearance and the involvement of new actors in international diplomacy. Has the nearly systematic use of these procedures, which often involves a great time input and a lot of good will from the people involved, actually been successful ? And does it still continue to be so ? The use of these unique forms of diplomacy is frequent, are they really effective ? Is the effectiveness of these procedures justified ? This study will also show the development between old and more recent means of peaceful resolution. It is a question to describe what specific aspects of some of these procedures for peaceful negotiation outside of international organisations (more specifically mediation and international conciliation). The time and space allotted to the use of these procedures as well as the techniques relative to these diplomatic tools. This study will be carried out through the analysis of various texts and practices, both diverse and complex
Atché, Bessou Raymond Benchikh Madjid. "Les conflits armés internes en Afrique et le droit international." [S.l.] : [s.n.], 2009. http://biblioweb.u-cergy.fr/theses/08CERG0385.pdf.
Full textKIBONGUI, FOULA ROGER. "Les etats africains et le reglement pacifique des differends internationaux." Paris 1, 1997. http://www.theses.fr/1997PA010289.
Full textAfter having attained the international sovereignty, the african states have adopted the principle of the pacific settlement of disputes, a principle that can no longer be ignored bicause of the ban on the resort to force. Throught this study, the author tries to show how the african states intend to settle pacifically the disputes they are involved in. For this purpose, he underscores the juridical means that those states can bring into play to settle their disputes. Among those means there is the united nation charter, the a. U. O. Charter and the bilateral and multilateral conventions that were signed by those african states. In a second part dealing with the classification of the disputes, the author distinguishes on the one hand, the inter-african disputes, and on the other hand, the disputes between african states and entities outside the african continent : the states and private persons. Lastly, the author ends his study by emphasizing the implementation of the principle of the pacific settlement of disputes. The first distinctive feature of this implementation is that the inter-african disputes are sorted out within a strictly african context. The second one is that the african states commit themselves to resort to the jurisdictional settlement only in case of a failure of the regional settlement or in case of a dispute between an african state and an entity outside the african continent
Massamba, Marc. "Le rôle des chefs d'État dans la résolution des conflits interafricains au sud du Sahara." Paris 2, 1988. http://www.theses.fr/1988PA02A004.
Full textKimbembe-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
Nkilidzinimi, Elie Gertrude. "Les modes de reglement pacifique des conflits en afrique." Paris 5, 1997. http://www.theses.fr/1997PA05D003.
Full textThe politic and cultural instability that know the african states had done that africa adopts many modes of adjustment of conflicts. Africa is fitted in the mediation, in the good offices, in the arbitration and in jurisdictional international adjustment. Howeyer the african quarrel is traditional system which takes aim to settle a difference out of court, stays the principal mode of pacific adjustment of conflicts. It's characterized by the conciliation. In this mode of adjustment nobody doesn't search to disclaim responsability of parties in conflict, but to reconcile them. This african practice to adjuste the conflicts finds it significance in the fundamental family relationship or in fraternity ties between social groups that must be safeguarded. Also, the african quarrel which finds it foundation in the customary law, imposes in africa as general practice by two elements : oral element and the fraternal understanding. Therefore, the supremacy of the rule of international law collides with the african particularities in the adjustment of conflicts
Saho, Jumaa. "Les conflits de frontières au Moyen-Orient depuis 1945 et leurs modes de règlement internationaux." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32075.
Full textFor a comprehensive treatment of crucial relations between the Middle East states, the boundary conflicts provides essential reading for all who seek an understanding of the consecutive crisis in this region. This study is organized around two essential ideas : the causes of the boundary conflicts in the Middle East and their methods of settlement in international law. Two factors are considered to be the origin of these conflicts, the role of the European Superpowers (United Kingdom and France) and the role of the Minorities in the process of frontiers demarcation and the Middle East state's formation. Nonetheless, after the independance of these States since 1945, other elements raised and complicated the solution of these conflicts, especially oil resources distribution and the control of water resources. Although the analysis of the States policy in the Middle-East proves that they use to adopt political settlement to resolve theirs conflicts (negaciations, resorting the regional and international organizations), otherwise the "juridictionalisation" of frontiers conflicts (the Court of arbitrage and the International Court of Justice), remains the best mode to find a pacific and final solution to achieve Peace in the Middle East region
Laly-Chevalier, Caroline. "La violation du traité /." Bruxelles : Bruylant, 2005. http://catalogue.bnf.fr/ark:/12148/cb400549677.
Full textKampmann, Christoph. "Arbiter und Friedensstiftung : die Auseinandersetzung um den politischen Schiedsrichter im Europa der Frühen Neuzeit /." Paderborn : Schöningh, 2001. http://catalogue.bnf.fr/ark:/12148/cb38930830s.
Full textClaeys-Broutin, Odile. "Le pluralisme juridique international : contribution des juges internationaux à la mise en cohérence du droit international." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100175.
Full textInternational law evolves at a rapid pace, and results in a strong increase in norms, organizations and international courts, raising increasing fears about a fragmentation of international law within the international legal order itself. The international legal order is defined, in the broadest sense of the term, as international law aimed at governing international society. This includes specialized international legal systems, made up of a number of international organizations ; each one including a court or an arbitral tribunal. The aim of this thesis is to determine, through the study of international legal pluralism, weather this foreseen risk of a possible fragmentation of the international law is, in the end, proven or not. In order to fulfill this aim, our work is based, on the one hand, on a systemic analysis of international legal orders, this in order to determine whether these bodies establish legal relationships between themselves, and on the other hand, on a normative analysis of legal systems, to determine this time whether each one sets up, or not, its proper inner coherence.In the first part, we show that the international legal pluralism seems to be uncoordinated, inducing a risk of fragmentation of international law, this due, in part, to the proliferation of international legal orders and, and in other part, to their lack of institutional ground. In the second part, we aim at proving that the international legal pluralism finds best its balance when international law is put into practice by international judges. They coordinate international jurisprudence through their jurisdictio (apply the law) and set out the boundaries of a true international judicial power through their imperium (to pronounce a binding decision)
Manouvel, Mita. "Les opinions séparées à la Cour internationale comme instrument de contrôle du droit international prétorien par les États." La Réunion, 2002. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/02_17_Manouvel.pdf.
Full textManouvel, Mita Oraison André Stern Brigitte. "Les opinions séparées à la Cour internationale un instrument de contrôle du droit international prétorien par les États /." Paris : Bagneux : L'Harmattan ; Numilog, 2006. http://www.numilog.com/bibliotheque/univ-evry//fiche_livre.asp?idprod=34474.
Full textAtché, Bessou Raymond. "Les conflits armés internes en Afrique et le droit international." Cergy-Pontoise, 2008. http://biblioweb.u-cergy.fr/theses/08CERG0385.pdf.
Full textThe african continent development is heavily ampered by ceaseless indoors murderous conflits, if not by civil wars. Everywhere the threat remains indeciduous. National armies up yesterday just after independence years, confirmed unability to spread protection and so, experiment daily enormous troubles as for keeping control upon respective national territories and borders. But in front of said conflicts, here above given as phenomenons powered to mishandle the sensibler sovereign rope, a certain number of questions go up growing: in any way, how can the international law intervene to regulate conflictual cases that belong to daily African states quite private area ? Hard questions. Indoors armed conflicts give rise to troubles but for regulation, what strategical means can be considered to contain them? Henceforth, we will divide the whole topic into two parts : upon the first part, let us speak essentially about substancial and normative aspects of conflicts; further in the second part, we will try to lead searches upon how the international law might bring answers able to solve armed conflicts. Some European countries, and particulary France, thought that spreading reinforcement of African Means to Keep Peace “RECAMP” upon war zones will be sufficient to any peace later. The United States thought the same with African Crisis Response Initiative “ACRI”. Therefore for us none of enumareted steps, even if any of them might be valuable as proposition, can lead to peace. It belongs to Subsaharan African Head of States here to join means and to create immediately what we will not hesitate to call “Common Forces For Peace in Africa” (CFPA). Anyone will not build a such (and obvious) more adapted working stool for them
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 textSangare, Fassory. "Les conflits commerciaux et l'organisation mondiale du commerce : l'apport de l'analyse multi disciplinaires." Paris 13, 2011. http://www.theses.fr/2011PA131003.
Full textThe globalisation is based up on the development of world’s exchange, foreign direct investments, financial development and intensive utilisation from news technologies of information and communication. Nevertheless, it is provoking international trade conflicts: banana conflict, steal conflict, antidumping measures, subsides. This research uses many methodologies in order to know the origins of trade wars, then to discuss the judicial solutions chosen by World Trade Organization for toning down the rise of commercial conflicts. Games theory (prisoner’s dilemma) appears like an appropriate tool for explaining trade wars particularly when States use commercial strategic policy and protectionism’s measures. We also used an econometrics model (VAR MODEL) for an assessment: it reveals that trade wars infer negative impacts on United States economy. World Trade Organization disputes settlement mechanism is so efficient than the old GATT’s procedure. Equally, States must negotiate during the conflict in order to find a good agreement. This solution corresponds to Nash equilibrium. When the power of negotiation is the same, two big countries can take mutually retaliation measures before to conclude an agreement. But poor’s countries should build a coalition for defending their interests
Baldé, Hassatou. "La coordination entre l'ONU et les organisations régionales africaines dans la gestion de la paix." Paris 1, 2005. http://www.theses.fr/2005PA010252.
Full textAndreatta, Filippo. "Istituzioni per la pace : teoria e pratica della sicurezza collettiva da Versailles alla ex Jugoslavia /." Bologna : Il mulino, 2000. http://catalogue.bnf.fr/ark:/12148/cb38857220r.
Full textToe, Roland Melaine. "Les avantages du compromis par rapport à la requête unilatérale dans le recours à la Cour internationale de Justice (CIJ)." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28337.
Full textEstablished in 1945 to take over from the Permanent Court of International Justice, the International Court of Justice is not only one of the principal organs of the United Nations but also its main judicial body in charge of the peaceful settlement of international disputes. However, the action of the Court is in practice not free from insufficiencies. Whether related to the attitudes of States as the primary subjects to the jurisdiction or the text of the Statute of the Court, these shortcomings have elicited some scholars’ skepticism about the capacity of the Court to serve as a useful forum for the peaceful settlement of international disputes. Thus, scholars sometimes suggest an amendment to the Court’s Statute, although this option seems not feasible in light of the legal hurdles for its modification. As the best expression of consent governing the peaceful settlement of international disputes, special agreements should be the preferred avenue for seizing the Court. The United Nations General Secretaries should draw States’ attention on the advantages of special agreements as a means of seizing the Court, instead of encouraging them always to accept the compulsory jurisdiction of the Court under Article 36 § 2 of its Statute. Indeed, even when States accept the jurisdiction of the Court through unilateral declarations, they happen to neutralize it through disempowering reservations.
Wesley, Michael. "Casualties of the new world order : the causes of failure of UN missions to civil wars /." London : New York : Macmillan press ; St. Martin's press, 1997. http://catalogue.bnf.fr/ark:/12148/cb37519388n.
Full textBarbet, Philippe. "Fondements et analyse des conflits commerciaux : assiste-t-on à un renouveau du Mercantilisme dans les échanges internationaux ?" Paris 13, 1995. http://www.theses.fr/1995PA131002.
Full textThis research presents a framework for an economic analysis of trade frictions in international trade. A special references is made to the risk of a new mercantilist approach of international relations. The first part gives survey of the relations between mercantilism, free trade and theory of protection. It demonstrates that the foundation of modern theory of strategic trade policy ios in a part of mercantiliste approach. In the second part, we focuse on the exstent of non tariff barriers in international trade with an amphasis on anti-dumping, and volontary export restraion. Commercial policies of the united states, europe and japan are presented. Two sectors are examined in the third part in relation with relation to past and future trade frictions. The first chapter covers the trade dispute between us and japan in semconductors in the mid eighties. The second chapter envisages the future trade disputes in the liberalization and deregulation of telecommunications services
Dieckhoff, Milena. "Médiation, médiations ? : typologie d’une activité de pacification dans les conflits politiques violents de l’après-guerre froide." Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0057.
Full textHow can we understand, interpret and explain international mediation? Is it possible to distinguish several types of international mediations? The growing use of international mediation since the end of the Cold War and the diversity of actors involved in this peacemaking activity explain the need for clarification. Combining theoretical considerations and case studies, we therefore propose a typology based on the distinction between a political, an expert and a societal mediation. These types are constructed through an analysis of the various ways of conceiving conflict, peace, and the rationality of mediation, the different mediation practices, and finally the diverse functions that mediations can have with regard to the conflict and the mediator. In a second part, we demonstrate that the limits of the typological exercise shed light on problems and stakes common to all mediations. We question the limits of our types in relation to the unique macro and micro contexts in which mediations are carried out. We then define “mediation complexes”, characterized by the co-existence of several types of mediations or the changing character of a mediation over time. Lastly, we reflect on hybrid mediations, which combine characteristics from different types, and emerge from the discrepancy between discourses and acts as well as between expected and obtained effects
Mansour, Mahran Riham. "Les clauses relatives aux litiges en droit français : aspects internes et internationaux." Paris 1, 2005. http://www.theses.fr/2005PA010256.
Full textAbdo, Mohamed. "Conflits de valeurs et conflits de lois en droit international privé comparé : le cas du divorce." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0006.
Full textThis study aims to analyse and criticise the conflict of laws rules in matter of divorce from the viewpoint of comparative private international law. It takes the example of the French legal system and the Arab States multi-legislative legal systems. The adopted solutions in the resolution of conflicts of laws in matter of divorce are closely linked to the problem of value conflicts and even cannot be dissociated. This expresses not only the legal philosophy of the legislator and his affection by his values but also the judicial tendencies in legal practice. For that, the thesis answers the question to what extent the values of each legal system impact on the resolution of conflicts of laws in matter of divorce. To answer to this question, it needs to proceed through the pathway of the conflict rule. The conflictual and functional approach of the rules applicable to divorce suppose and imply effectively the scrutiny of the form and the intensity of the influence of values. Based on this conceptual framework, the thesis proceeds in two main parts. The first part examines the specificities of the compared legal systems while analysing the choice-of-law rules. This part demonstrates the influence of values on the choice-of-law rules. The second part assesses and examines the excessive importance attributed to the values of the forum state while applying the conflict of laws rules. Based on this assessment, this part illustrates the impact of the values of the legal systems by comparison with the challenges and the difficulties faced by judges while applying the choice-of-law rules
Hoyami, Christel. "L'application des principes du droit international de l'environnement par les juridictions internationales à vocation universelle." Nice, 2006. http://www.theses.fr/2006NICE0046.
Full textThe international judicial protection of the environment is a field that calls for the wisdom of the international judge. While this field has brought forward substantial judicial development, it also displays a certain weakness, doubts and controversies. The judge is able to bring valuable clarity to it, particularly by applying the principles of the international law of the environment. The principles, defined by a high degree of generality have an important position within this law ; they centre on the core of discipline, constitute the irreductible basis which moves and guides the international efforts in favour of the environment. It was natural that they should permeate the environmental legal disputes that would enter the international scene and face the international jurisdictions with a universal calling. From the environmental cases submitted to these jurisdictions, it emerges that the international judge's contribution towards the protection of the environment is first of all dependent on the freedom he enjoys in his application of the principles ; within the legal framework and through his own choices, this freedom becomes relative. His contributions are also constrained when applying environmental principles. Constraining factors, linked to the countries and to the different branches of international law will exert a definite pressure on the judicial protection of the environment
Bae, Jaeng Saeng. "Le règlement des différends dans le cadre de l'organisation mondiale du commerce." Université Robert Schuman (Strasbourg) (1971-2008), 1999. http://www.theses.fr/1999STR30007.
Full textA number of important reforms were introduced into the former GATT dispute settlement system as a result of the Uruguay round of multilateral trade negotiations. The dispute settlement system of the world trade organization is a central element in providing security and predictability to the multilateral trading system. This thesis examine the functioning of the dispute settlement system in the multilateral trading system. It covers essentially the period from 1 january 1995 to june 1998. Since the world trade organization agreement came into effect in january 1995, the number of dispute settlement cases has increased significantly compared with experience under the gatt 1947. After more than three and a half years' experience with the dispute settlement system of the world trade organization, it is still early to determine whether any major changes need to be made to the system. However, there are some areas where procedural improvements would benefit the functioning of the system
Zanga, Antoine. "L'OUA et le règlement pacifique des différends /." [Paris] (9, rue du Château-d'Eau, 75010) : ABC, 1987. http://catalogue.bnf.fr/ark:/12148/cb36630564g.
Full textBaj, Giulia. "Droit de la responsabilité internationale et sujets non-étatiques." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0016.
Full textArmed non-state actors (ANSAs) have recently emerged as relevant actors within the international scenario. In fact, they are often involved in armed conflicts and frequently control territories belonging to states. Nonetheless, a gap in the regulation of ANSAs by international law exists. International law, in fact, is traditionally produced by states to regulate themselves. The emergence of non-state actors, like ANSAs, creates an obstacle in the functioning of the traditional, state-centric international law. Another issue connected to the regulation of ANSAs regards their identification. In fact, ANSAs evolve rapidly and often present characteristics belonging to different subcategories of armed groups. This creates difficulties in their identification and the consequent possible involvement in lawmaking activities.However, international practice shows a more and more frequent involvement of ANSAs in processes of production of legal instruments, such as international agreements with state authorities and self-regulation instruments. Various theories have been submitted regarding the compatibility of this practice with international law. Taking into consideration the aim of international law of meeting the needs of the international community, the involvement of ANSAs in lawmaking activities appears theoretically justified.This is consistent with the development of international law in the regulation of ANSAs. To solve the difficulties regarding normative efficiency caused by the state-centric conception of international law, this state-centric approach has been abandoned and several provisions binding ANSAs have been adopted in several branches of international law. This practice has been theoretically justified as well.Considering the development of international practice and the theoretical approach based in the pursuit of the needs of the international community, it appears possible, both from a practical and theoretical perspective, to engage with ANSAs in activities of production of rules of international law
Madeleine, Emily. "La sécurité alimentaire à l'épreuve du droit international des investissements." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0031.
Full textWhile international investments contribute to achieving food security, they can also be a threat and a path to aggravation. The study of the interactions between food security and international investments reveals the existence of norm conflicts carrying food risks and highlights normative imbalances in international investment law. Thus, the implementation of investor rights is likely to lead to the exclusion of food security. Conversely, the assertion of the latter may lead to an alteration or denial of investors' rights. In this situation of conflict, the food obligations of the State can not be met simultaneously with the obligations set out in the international investment agreements. These norm conflicts intervene as alarms and inform on the one hand, on the imbalances of the power of regulation of the States and the exclusive rights of the investors, and on the other hand, on the asymmetry of the rights of the victims of food insecurity and the investor rights. The lack of prevention reinforces the contradictions of decisions and maintains the subjection of States to contradictory obligations. Once analyzed the conflicts of norms and the food risks that they generate, it turns out that the attempts of resolution of these, by means of the traditional techniques, remain often inoperative, accounting for the limits of the current system. For their part, the risks, the norm and the food responsibility sometimes remain unidentified and are not apprehended as a whole. These circumstances complicate the resolution of norm conflicts. Therefore, the thesis seeks to demonstrate that these conflicts are sometimes likely to be avoided, or reduced, then, consider a treatment in the resolution of the latter in order to achieve a link between the rights of foreign investors and the protection of the food public interest of the host state of the investment
Hassoumi, 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
Laurent-Lemmet, Laurence-Claire. "Les modes amiables de règlement des différends commerciaux internes et internationaux : Des figures contractuelles renouvelées ?" Caen, 2014. http://www.theses.fr/2014CAEN0003.
Full textInternal and international mediation and conciliation are defined as a peaceful method of conflict resolution in which an impartial, competent and diligent third party accompanies parties towards a constructive resolution of disputes, in the utmost confidentiality. Because of the flexibility of the quasi-universal methods they mobilize, they are effectively adapted to internal and international trade agreements. It has often been suggested that they were a symptom of the crisis of both internal and international justice, but also a response to the slowness of the latter. The proliferation of civil trials in France and the enlargement of exchanges at international level render dispute resolution through judicial or arbitral proceedings inextricable. These structured processes can resolve the "deadlock". If they can be either strictly conventional or judicial, they are inherently contractual, and can sometimes have a hybrid character on the borderline between the law of obligations and procedural law. Insofar as the purpose of mediation or conciliation is in the maintenance of the contractual relationship, can it be interpreted as being more than an alternative method of dispute resolution, and be considered as a true technique of revision of the contract? These peaceful modes of conflict resolution renew the paradigm of the general theory of contract by revisiting the concept of binding effect, the relative effect and the immutability of the contract. These structured processes could not only be part of a new contractual justice, but their scope on trade-related international and internal contracts generate new contractual figures