Dissertations / Theses on the topic 'Droit du commerce international'
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Marchand, Aurore. "L'embargo en droit du commerce international." Thesis, Nancy 2, 2009. http://www.theses.fr/2009NAN20010.
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Toledo, Anne-Marie. "Notion de sûreté et droit du commerce international." Paris 1, 1997. http://www.theses.fr/1997PA010335.
Full textDevices resulting from international business practice and inspired by foreign legal systems (autonomous guarantees, property-security interest) have transformed french law of security. Such new techniques have challenged the classic criteria used to define the concept of security interest such as accessory. All of these changes have lead to the redefining of the concept of security interest in order to take into consideration this development and therefore to discover new criteria. On this respect the criteria of "categorical" consideration ("cause categorique") allows to convey in a new way the indisputable link between the security interest and the guaranteed contract. Therefore, a security interest is defined as "an institution which through the allocation to the principal claim, of an asset, a group of assets or all assets, grants an additional right of claim, preferential right or a fiduciary property right which allows, through its implementation the payment of the guaranteed claim". The search of this definition has allowed to shed light on the development of fundamental concepts in this area of law and therefore goes even further in order to respond to the expectations of international commerce in two ways. The first consists not only in accepting but also creating under french law the techniques inspired by foreign systems such as the floating charge and the trust. The purpose of the second is to propose the creation of a "transnational" security interest adapted to the needs of international business, based on the berd and unidroit models
Almeida, Prado Mauricio. "Le hardship dans le droit du commerce international." Paris 10, 2001. http://www.theses.fr/2001PA100176.
Full textThis study aims the definition of the hardship in the international business law. In order to accomplish this objective we have verified the admission and the characteristics of the hardship in the different fiels where the subject is ruled. In this sense, we were able to demonstrate the diversity of remedies that are proposed by different national laws (in this case, French, American and Italian laws). Our analysis of the main international conventions (Hague 1964 and Vienna 1980) has permitted the conclusion that the ambiguity of such texts causes the uncertainty of the content of such rule. We have also been able to show the evidence of the developments of contractual practice regarding the hardship, which has both sophisticated, with respect its structure, and consolidated as an instrument widely known by the international community. In the lex mercatoria field, we could conclude that arbitrators recognize the existence of such rule, despite its unclear outline. This difficulty was settled with the outcome of the Unidroit Principles and the European Principles, which, except for certain specific points, seem to reflect the lex mercatoria content. Therefore, it seems possible tous to conclude that the hardship is one of the most developed institutes to assure "equity" in international affairs, without questioning the "safeguard of the contractual relationships"
Talau, Jean-Marc. "L'arbitre du commerce international source de droit." Orléans, 1998. http://www.theses.fr/1998ORLE0003.
Full textWeiszberg, Guillaume. "Le raisonnable en droit du commerce international." Paris 2, 2003. http://www.theses.fr/2003PA020047.
Full textCardon, Mathieu. "La compétence internationale de l'Etat en droit international économique : (L'effet extraterritorial des normes du commerce international)." Lyon 3, 2001. http://www.theses.fr/2001LYO33038.
Full textAmiri, Massoud. "La coercition économique en droit international." Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30008.
Full textThis thesis is concerned with the legality of economic coercion under international law. The subject is dealt with in two parts. In part l, it is proposed to show that economic coercion is prima lacie unlawful. Chapter 1 examines the grounds of this illegality : the principle of the freedom of trade, violation of specific treaty obligations, the rule refraining from the threat or use of force, the principle of nonintervention, the prohibition of economic coercion in the conclusion of treaties and assimilation of economic coercion to aggression. Chapter II is devoted to the definition of the modalities of unlawful economic actions. A distinction is made to that effect between measures aimed directly against a given State and those aimed indirectly against the target State, namely mesures with extraterritorial reach and secondary boycotts. Part II examines the circumstances justifying the exercise of coercion. The first chapter deals with collective sanctions ordered or authorized in the framework of the United Nations. The major questions addressed: circumstances justifying resort to sanctions by the Security Council, the competence of the General Assembly in this area, the exemptions warranted on humanitarian considerations, legal effects and implementation of the U. N. Resolutions and the power of regional arrangements or agencies to order sanctions. The second chapter is devoted to decentralized reactions to illicit acts. It is composed of three sections. The first section is concerned with the conditions of the legality of counter-measures taken by a State directly injured by a wrongful act, such as an attempt for obtaining redress by other means, proportionality and the observance of human rights. The following section examines the possibility of resorting to unilateral counter-measures by States which have not been directly and materially affected by the breach of obligations towards the international community as a whole. The final section focuses on economic measures of legitimate Self-defence
Jourdain-Fortier, Clotilde. "Santé et commerce international : contribution à l'étude de la protection des valeurs non marchandes par le droit du commerce international." Dijon, 2004. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/c1c064c4-80a0-4e2a-ad9f-cf2d877d48dd.
Full textAs B. Oppetit observed ten years ago, the subject of international trade law continues to become broader with the gradual integration of the goods and activities which were until that time outside the sphere of economic exchange. This notably concerns the products and health services which allow people to b or to remain in good health. They constitute the “means” of health, to which no commercial value can be given. Despite their specificity, these products and services, especially the elements and products of the human body, can now be the subject of international contracts not involving payment as well as international trade in return for payment. Today the existence of a genuine “international market of health” can thus be observed. This market originates in the development of legislation, and in the method in which the conflicts of laws are handled – providing solutions which appear to be inadequate in asserting both the limits of what can and cannot be included in a contract and the unlawful activities within the scope of international relations. The integration of these products and services into the international exchange of goods does not, however, come without consequences as far as health is concerned. Indeed, the purpose of international trade law is not a priori to protect people’s health. International trade law is economic by nature ; it’s aim is to protect the interests of traders, not of the population. Nevertheless, this exclusion must be put into perspective. Indeed, not only ca a certain convergence between the aims of international trade law and international health law be observed, but also an opening up of international trade law to the issues of health protection, especially that of the accessibility to pharmaceuticals, can be noted. Thus health and international trade are not linked through a systematic relationship of opposition or exclusion
Knijnik-Baumvol, Julia. "L' articulation entre le droit de l'OMC et le droit international." Paris 1, 2012. http://www.theses.fr/2012PA010295.
Full textGhazouani, Chiheb. "Le contrat de commerce électronique international." Paris 2, 2008. http://www.theses.fr/2008PA020013.
Full textBaro, Gné. "La corruption et le droit du commerce international." Thesis, Bourgogne Franche-Comté, 2020. http://www.theses.fr/2020UBFCF002.
Full textCorruption is a practice that hinders development and can affect various activities, including international economic activities. It undermines the proper functioning of international trade requiring the need to fight against itThis study aims to highlight the existence of an anti-corruption legal framework implemented by international trade law which resists to corruption fight. This anti-corruption legal framework is materialized by the existence of tools that can be classified into two categories: tools belonging to the corpus of international trade rules and complementary tools provided by other legal rules very widely connected to international trade law, such as international arbitration and international investment law.However, these tools alone are not enough to overcome corruption. They require a strengthening of the fight against corruption. To this end, this study will show that the main and complementary tools of international trade are complemented by actions of international trade actors : private or public actors
Qin, Quan. "La sécurité alimentaire en droit international du commerce." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020049/document.
Full textToday’s world food situation is particularly disturbing. To guarantee food security for all remains the primary responsibility of governments and international society. As one of the major instruments to implement international strategy for food security, international law has failed to provide effective solution to mitigate the factors that contribute to food insecurity. This is particularly what happened when food problem was treated within WTO. Having established the terms and conditions of international trade in food and agricultural products, WTO trade regulations have major influence on food security both at international level and at national level. Even if the relevant WTO agreements did offer certain policy approaches to its Members to tackle their food problem, these policy approaches are neither sufficient nor efficient to achieve this goal. By constantly prioritizing commercial considerations over food concerns, WTO rules related to trade in agriculture seriously restrict the exercise of discretionary power of those Members who wish to improve their food situation. Therefore, international trade policies must be reformed, so that WTO Members can take creative measures to meet their people’s basic needs. Even it appears still difficult at present to create new rules that may allow food-deficit Members to generate sufficient income to guarantee their access to food; this reform must at least search for effective solutions to offset the negative impacts of trade policies on food security. Otherwise, the legitimacy and credibility of current global trading system will be at risk
Pantoja, Marina. "Taux de change et commerce : étude de droit international." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100154.
Full textThe relation between currency and trade, and the impact that the exchange rate can have on International Trade Law enables heated arguments. The Havana Charter calls for the non-use of the devaluation of the exchange rate as commercial weapon. GATT has, among its articles, those addressing issues regarding exchange rates. However, this topic raises controversies, especially concerning the applicability of the WTO agreements as a commercial remedy against currencies’ anticompetitive devaluation. On the other hand, the IMF, an institution created under the Bretton Woods Agreement, is the competent body to deal with international financial issues and its article IV rules on its duty to monitor its Member States exchange rate policies, in order to avoid obtaining anti-competitive advantages among their means of trade. The two organizations working jointly in an orderly manner to accomplish their objectives of an overall world economic growth and it is from this perception that harmonization between WTO’s legal guidance and IMF’s directives must be implemented. And as such, the prime goal for global governance for the benefit of all shall become a reality
Bathem, Léopold Evariste. "Commerce international et investissements étrangers directs : aspects juridiques." Paris 5, 2002. http://www.theses.fr/2002PA05D007.
Full textRéciprocity of links between international trade and foreign direct investment entails the adaptation of international economic law. These last years were marked by the fast development of international commercial exchanges and foreign direct investment flows. This expansion has favored the liberalization of domestic legislation in both fields and the proliferation of bilateral, regional agreements, and the opening of works within the Organisation for Economic Cooperation and Dévelopment and the World Trade Organization in order to adopt multilatéral rules applicable to foreign direct investment. Of course a régulation exists regarding international trade and foreign direct investment, but il is still fragmentary. In the future, this régulation should reinforce itself further to a multilatéral négotiation. Therefore, the préparation, under the aegis of the World Trade Organization, of new rules relating to foreign direct investment and international trade appears as a credible alternative. These uniform rules with a universal vocation should have a binding legal force to better answer to the internationalization of companies and the indépendence of économies. Such an action at the multilatéral level ensures a strong foundation of the links between international trade and foreign direct investment in the legal spere. Indeed it is a matter of preparing a multilateral legal framework including high standards for the liberalization and protection of international investments with an efficient system of settlement of disputes
Jourdain-Fortier, Clotilde. "Santé et commerce international : contribution à l'étude de la protection des valeurs non marchandes par le droit du commerce international /." Paris : Litec, 2006. http://catalogue.bnf.fr/ark:/12148/cb40217487q.
Full textTridi, Amine. "Les garanties bancaires dans le commerce international." Paris 10, 1991. http://www.theses.fr/1991PA100008.
Full textBonds, quarantees and letters of credit in the international trade are concerned by this study which try to have a general view about the practice over the world, with appreciation about the justice decisions on the subject
Granger, Clotilde. "Normes de travail fondamentales et commerce international." Paris 9, 2003. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2003PA090036.
Full textImbert, Philippe. "Les contrats d'intermédiaires du commerce international : contribution à leur étude en droit." Toulouse 1, 1996. http://www.theses.fr/1996TOU1A038.
Full textInternational trade is constantly expanding for tens years, at a far more important speed than the one of the economies participating to it. A part of this development is attributable to international trade middlemen. Economically, the notion of international trade middleman is a reality. Juridicaly, these middlemen, whose activity consists in concluding or allowing the conclusion of international contracts, are rarely grouped under a single qualification. The legal doctrine is considering separately the "concessionnaires", the commercial agents, the "commissionnaires", the brokers, the export management companies or the merchants. Such a division doesn't help to perceive the activity of these middlemen in the international trade, nor to turn to account their likenesses. Their gathering together in a single category is justified by the answer they give to companies interested in international trade, by the close relation of their contracts with the international sale, or by the common solutions that appear when passing these contracts according to French law (applicable law problem, use of European concurrence law,. . . ). These contracts are discussed, from the economical reality of the middlemen; with the aim to help to their conclusion in accordance with French law. We then consider their international dimension. Finally, we study in the same way five of the principal contracts used by these middlemen, articulating them around the international sale
Cortembert, Sandrine. "Les subventions étatiques, le droit du commerce international et le droit communautaire." Nice, 1993. http://www.theses.fr/1993NICE0019.
Full textEsfandiari, Saeed. "L'introduction de la clause sociale dans le commerce international." Paris 5, 2000. http://www.theses.fr/2000PA05D002.
Full textMohamed-Salem, Ould Mohameden. "Le cadre juridique du commerce international des ressources halieutiques." Paris 1, 1992. http://www.theses.fr/1992PA010255.
Full textThe international commerce of halieutic resources, like other international activities, is not an exception to the "transition" public international law (classical conventions on the law of the sea), international economic law (tarif law ; communatary law), international development law (1982 convention on the law of the sea). In a first part we have contemplated the study of the classical frame of the halieutic commerce both as universal as regional. That's the way we have tucked successively the legal principles concerning the commerce of the halieutic resources set out by Geneva and London conventions as well as those relating to international economic law. But the principles in question were not approved unanimasly by the international community members. This has been differently as to the EEC, whose members issued a law wich has been integrated and accepted by them. In a second part we have tuckled the consequences of the disruption of the classical frame through the system stemed from III united nations conference on the law of the sea. This has led us to see the recent aspects of the international halieutic commerce and its implications on the EEC
Belfaleh, Adel. "Les Pratiques déloyales et le commerce international." Paris 5, 2008. http://www.theses.fr/2008PA05D014.
Full textBEN, AICHA NABIL. "Le contentieux des nationalisations en droit du commerce international." Paris 11, 1995. http://www.theses.fr/1995PA111002.
Full textThe absence of a private international judicial order has largely contributed to the conception of an intermantional convention depending on a model fit for each nation intervening on the international scene. Such an important characteristic should not lead to exagerate the interests of the sueing state and make it eventually give them up should the case avise for the sake of international commerce. Under this line of conduct, the respect of the sphere of territorial competence of the nationalizing state obliges us not to doubt an irreversible fact which is formed by material apprehension of the property existing within the territory of the nationalizing state that has the right to use its power of coersion to achieve its goal. This way, the acquizition of the right to property by nationalisation is recognized as such without resorting to a pre-established model of an ideological origine since it is quite a matter of nationalization carried out abroad from that time on, contrary to the territorial use of power of state to achieve nationalization, the extra-territorial use of this very power cannot be logically carried out unless it has the consentement of the state on whose territory the measure of nationalization is concerned
Itoua, Gilbert. "Heurs et malheurs du regime preferentiel en droit du commerce international." Paris 5, 1998. http://www.theses.fr/1998PA05D004.
Full textFor centuries the organization of trade has been the main cause for concern to states worlwide. Each stage of the evolution of the world tallies with a way of organizing international trade in the interest of the countries involved, regardless of their development. So, to rectify the imbalance, a system of commercial preferences was set up in 1968 to bail out less developed nations. Twenty-seven years on, many criticisms are still levelled at it, thus showing two conflicting approaches to international trade. All those involved came to the conclusion that those policies had failed. The weak level of development of the third world, the setting-up of regional economic blocs, the reduction of tariffs within the framework of g. A. T. T. (now w. T. O), the triumph of the free-market approach in international trade, globalism, the failure of multilateral approaches for the benefit of regional blocs, the disguised protectionism in developed countries. . . Are contributing factors in the failure. It emerges that the evolution of international trade is characterized by an increasing regionalization which, in the long term, will jeopardize the policies of preferences meant to benefit developing nations and encourage multilateral trading. The policies must be rethought and reorientated towards non tariff preferences. The liberalization of tariffs dashes the hopes of developing nations to integrate into the world trade organization. So, the question of trading in developing nations still remains unsolved. It is yet once more a failure of the policies of assistance to third world countries as evidenced by the adherence of the latter to free market theories which leave them defenceless vis-a-vis developed nations
Desgagné, Richard. "La participation des états au commerce international : les contrats gouvernementaux en droit comparé et en droit international." Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60704.
Full textStibbe, Isabelle. "Les autorités administratives indépendantes et le droit du commerce international." Paris 2, 2001. http://www.theses.fr/2001PA020042.
Full textLe, Roy Dominique. "La Force majeure dans le commerce international." Paris 1, 1991. http://www.theses.fr/1991PA010267.
Full textThe notion of "force majeure" figuresin all the juridic systems, but these differ as far to the characters which they attribute to it. The international trade agents confronted with this diversity, which is imperfectly resolved by the conflict of laws, had tried to found a solution with specific clauses or by recourse to arbitration in case of dispute. However, it is more by precising the manner to front the consequences of the difficulties created by the "force majeure" than by its definition that the protagonists had put in evidence an uniform procedure. The contractors do not wish to renounce to the contract execution : even when it is greatly compromised, whole is done to preserve a part of it. The solution has been made possible by the development of duties of each party. Two aspects have to be distinguished: mutual information and cooperation to minimize the consequence of the "force majeure"
Hirsch, David. "Le commerce international de l'art : incidences douanières et fiscales." Rouen, 2003. http://www.theses.fr/2003ROUED006.
Full textDuquenne, Céline. "L'autonomie de la clause compromissoire en droit du commerce international." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31157.
Full textKhavand, Fereydoun A. "Le commerce des produits manufactures en droit international du developpement." Paris 5, 1987. http://www.theses.fr/1987PA05D006.
Full textThe international community has acknowledged the need for a normative and operational action in order to promate the actual participation of developing countries to the international trade of manufactured goods. Such action is among the essential preoccupations of the international law of development, as the main characteristic of this law is to grand the third-world countries a preferential and more favorable treatment. As to the trade of manufactured goods coming from developing contries, this special juridical polity, has had several applications ath universal and regional levels. However it must be noted that under the pressure of the economic crisis, the industrialized countries are more and more reluctant to grand juridical advantages to developing countries. Advantages to developing countries. This tendency is visible notably in the growing resort to the evolutive clause on the part of the industrialized countries
Taoufiki, Rachid. "Les usages devant l'arbitre du commerce international en droit comparé." Perpignan, 2004. http://www.theses.fr/2004PERP0636.
Full textIn principle, jurisdiction is reserved to the State's courts. Nevertheless, the contracting parties are able, if they some express will, grant this competence to arbitration justice. The arbitrator will have therefore for mission to settle the disagreement, but to the difference of the State's judge, it does not return the justice in the name of a State, nor in the framework of a national lawful system. Therefore, when he decides on the question of the applicable right, the arbitrator enjoys a wide liberty. Thus, it can attribute competence to the State's rules or to the usages of the international commerce. The question that puts itself is to know if this liberty of which enjoys the arbitrator remains limited by the reference of the parties to the applicable right, or if she exercises herself even in case of designation absence by the parties of the applicable right
Gonçalvès, Olabissi Oredola Christian. "Le négoce de grains : étude de droit du commerce international." Thesis, Université de Lorraine, 2017. http://www.theses.fr/2017LORR0401.
Full textMany studies were carried on international sale of goods, on transport of goods and even on maritime sales (i.e. commercial sales involving a maritime transport). However, few of them were based on the type of traffic. Yet, the kind of goods shipped necessarily impacts the analysis of the performance of the parties’ obligations, both with respect to the transport and the international sale of goods. The grain trading study highlights how this type of bulk food affects the chain of both contracts and transactions. Besides, the analysis of the various grain contracts enables on the one hand the understanding of the problems linked to the intervening third-parties (e.g. the role played by the intermediaries when the sales contract is concluded or the issue of the expertise when the goods are delivered). It gives on other hand the opportunity to assess the methods of dispute resolution, whether judicial or arbitral
Taghipour, Bahram. "La responsabilité de l'arbitre (du juge privé) dans le droit du commerce international (droit français et droit comparé)." Dijon, 2013. http://www.theses.fr/2013DIJOD012.
Full textArbitration is a private justice for the settlement of disputes in the international trade. Arbitrator is a private judge. He accepts a judicial function by a contract. The arbitrator's contract is concluded between arbitrators and the parties of dispute. All (the) legal systems (common Law and civil Law) have been recognized this contract and the arbitrator's judicial function. But, the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, like the French law, when arbitrators fail to obligations born of contract concluded wih parties of the dispute, the arbitrators have civil responsability like each contractor. But, when arbitrators fail to duties caused by judicial function, they have (like judge) a judicial immunity from civil liability unless they commit major fault, intentional fault or fraud
Lagelle, Anaïs. "Les standards en droit international économique." Nice, 2012. http://docelec.u-bordeaux.fr/login?url=http://www.harmatheque.com/ebook/9782343035413.
Full textThe international economic law, often criticized as inefficient, or even nonexistent, has, nowadays, a renewal of its normativity. Indeed, the technique of legal standard allows international economic law to be efficient and to set limits to the action of all of its actors. In this frame, standards hold a significant place in the international economic law. On one side, this importance can be valued ratione personae, in the way that all the actors of international economic law contribute to a lasting establishment of the legal standard technique in the international economic law, promoting in this way the international economic law normativity. On the other side, it can be valued ratione materiae, since all the fields of the international economic law are marked by the legal standard technique. But the obvious importance of the standards existence isn’t so indisputably reflected in their role. In spite of the fact that standards have a real role to play in the implementation of the law, this role often appears as controversial. Standards, whose role is to be normative and regulating, are often depicted as detracting the coherence and the security of law. But, this assertion should be put in perspective because standards have to be considered, from now on, as the best norm to regulate the action of the international economic law subjects and to contribute of the international economic law normativity
Nasri, Yahya. "Les accords de commerce sud-sud." Paris 5, 1995. http://www.theses.fr/1995PA05D001.
Full textDo the south-south trade treaties establish an international trade law inherent to the third wold or no?. After analysis of the concerned conventions, we have noticed that the south hasn't succeed yet to elaborate its own law, as it was required in the previous decades. The south has adhered to the rules of the multilateral trade system and has strengthened them. However, it makes a considerable effort in order to adapt these rules to its economic position. Thus, specific rules have appeared, but which only affect marginal and no fundamental subjects
Pace, Virgile. "L'organisation mondiale du commerce (OMC) et le renforcement de la réglementation juridique des échanges commerciaux internationaux." Paris 2, 1999. http://www.theses.fr/1999PA020046.
Full textTHE SYSTEM ESTABLISHED BY THE WTO EMBODIES AN UNPRECEDENTED strengthENING OF THE LEGAL REGULATION IMPOSED ON GLOBAL TRADE. THIS MOVE MEANS FIRST AN INCREASE IN THE NUMBER OF JUDICIAL RULES. INDEED, AN INCREASING APPEAL TO JUDICIAL RULES IS TO BE NOTED TOGETHER WITH THE ESTABLISHMENT OF A MORE COERCITIVE LEGAL SYSTEM AND A CLEAR BLAMING OF ALL NON-JUDICIAL ELEMENTS. THIS strengthENING ALSO MEANS MORE EFFICIENCY IN THESE JUDICIAL RULES. INSTITUTIONALIZING ARBITRATION, ESTABLISHING A GENUINE APPEAL PROCEDURE, AND TIGHTENING SUPERVISION AND CONTROL SHOW THE JUDICIAL CHARACTER OF THESE PROCEDURES. MORE RATIONAL, MORE CREDIBLE AND MORE EVENHANDED, THE DISPUTE SETTLEMENT MECHANISM OPERATES IN A MOST POWERFUL JUDICIAL WAY. THIS strengthENING IS EVENTUALLY PRAGMATIC AND THE DEVELOPMENT OF JUDICIAL RULING IS REALISTIC. THE LIMITED RULING OF THE WTO IS MOSTLY FLEXIBLE. IT IS SPECIFIC AND CAN FIT A REGION BUT IT IS ALSO UNIVERSAL SO IT CAN EVOLVE INDEFINITELY TO MEET STATES'DEMANDS. THIS SET OF RULES FREELY NEGOCIATED BY ALL MEMBER STATES PROVIDES WTO WITH A FIRM LEGAL AND POLITICAL ACCEPTABILITY. FURTHERMORE, THE strengthENING OF JUDICIAL RULES ON GLOBAL TRADE REQUIRES THAT ALL DOMESTIC JUDICIAL BODIES ACKNOWLEDGE THAT WTO'S RULES CAN APPLY DIRECTLY IN MEMBER STATES
Pavot, David. "L'anticipation du risque economique en droit international." Thesis, Université Côte d'Azur (ComUE), 2016. http://www.theses.fr/2016AZUR0021.
Full textEconomic risk is, with luck, one of the two aspects of liberalism. This is the harmful component. Often, the risk does not appear explicitly and it is a concept under -jacent . However, it greatly influences the international law. In fact, the subjects of international law agree to be part of the economic risk inherent in a free economy but they are also trying to regulate the excessive effects. The purpose of this thesis is to present the way in which international law anticipates the economic risk by allowing its existence and preventing its occurrence when excessive. It can identify the importance of a coherent and binding institutional and regulatory framework for the anticipation to be efficient
Tran, Thi Thu Thuy. "La vente franco-vietnamienne de marchandises." Perpignan, 2009. http://www.theses.fr/2009PERP0893.
Full textThe legal security seems to be the essential concern of the contracting parts to protect their justifiable interests. When both parts conclude a contract, this last one has to be an instrument of certainty and previsibility; now, we all know that the differences of the national legislations of different cultures are at the origin of uncertainties. Studing to know better the legal system of both countries appears to us as one of the relevant solutions of this problem for the authors of the Franco-Vietnamese sale of goods. In order better meet the needs to insure the legal security in the Franco-Vietnamese deals of goods, the present thesis does not only aim at studying all the French or Vietnamese material legal rules in international sale of goods, but also all the rules of the private international law French and Vietnamese governing the Franco-Vietnamese sale. Indeed, it does not represent that a study of the contents of the law Vietnamese common material or French of the sale of goods because it is about a Franco-Vietnamese sale, that is a relation having elements of foreign origins. In other words, in the presence of an international contract, the problems of the determination of the competent state or arbitration court and that of the law applicable to the sale are imperative before the study of the contents of the material rules of the French law or the Vietnamese law in sale contract. The study of the material rules of the French common law and those of the Vietnamese common law is subjected to the comparative method to raise the conflicts between both systems when the one or the other one may be the law of the contract (the lex contractus). Since conflicts appear and subsist, the study of the exception of the “ordre public” is imperative to notice the efficiency of the lex contractus
Dandrade, Gilbert. "La conquête du droit des contrats du commerce international par les principes UNIDROIT, une réalité ?" Phd thesis, Université de la Réunion, 2004. http://tel.archives-ouvertes.fr/tel-00512020.
Full textHernandez, Zermeño María Cristina. "Les ong,le commerce et l'environnement : contribution a l'etude du role et de la place des ong dans le processus d'elaboration des normes en droit du commerce international." Paris 11, 1999. http://www.theses.fr/1999PA111006.
Full textBramban, Bernard. "Le principe pacta sunt servanda en droit du commerce international. : Etude critique d'un principe de droit transnational." Phd thesis, Université Nice Sophia Antipolis, 2013. http://tel.archives-ouvertes.fr/tel-00956171.
Full textVauthier, Catherine. "Contribution à l'analyse théorique et pratique des garanties internationales." Nancy 2, 2004. http://www.theses.fr/2004NAN20011.
Full textCaprioli, Éric A. "Evolution des sources et des utilisations du crédit documentaire dans le commerce international." Nice, 1990. http://www.theses.fr/1990NICE0019.
Full textThe documentary credit (letter of credit) is a payment instrument which is guaranteed by a bank for overseas sales. Development of documentary credit was important because credit could be adapted to the needs of business and to answer the many challenges of actual practice, it could afford it with the ucp. The original rules of the ucp were developed from many sources. The icc elaborated upon and adopted the ucp rules. Uncitral recommended application of the ucp rules. Partners to trade agreements use ucp rules to draft letters of credit which are received and approved by national courts. Historical common practice plus the ucp rules made the rules legitimate and effective and permitted them to become universal customs. The 1983's ucp revision extends the field of application to services and other contracts. The 1983 revision established the delayed payment credit which is the new standard of performance, and introduce standby letters of credit which has the typical function of performance guarantees. Another function which appeared was a more flexible mechanism for financing of trade which was still in full compliance with document specifications. New documents have been developed such as b l ct, b l fiata and computerized documents. These new documents have the function of proof of receipt goods for shipment and proof of contract but do not function to represent the ownership of the goods as do maritime b l. For duration we must respect the basic principles of the mechanism
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international." Paris 2, 2002. http://www.theses.fr/2002PA020106.
Full textNajjar, Nathalie. "L'arbitrage dans les pays arabes face aux exigences du commerce international." Paris 2, 2003. http://www.theses.fr/2003PA020019.
Full textKamal-Abdelaziz, Sameh. "D'un nouvel ordre économique international à l'autre : aspects de droit international économique." Dijon, 1995. http://www.theses.fr/1995DIJOD002.
Full textThe 1970s episodically witnessed comparatively radical demands from most third world countries for the institution of a new economic order based on three fundamental principles: permanent sovereignty over natural resources, the economic rights and obligations of states, and the recognition of the right to a compensatory inequality. This position led to confrontation with transnational corporations and disagreement about the commonest form of contractual arrangement, viz. State contracts. By contrast the 1980s were marked by changes running counter to the radical claims of the previous decade. A general trend towards greater freedom in international trade incited developing countries to reappraise their ideologically-based position. Moderation in their relations with transnational corporations has made genuine cooperation a feasible proposition. These changes and this more moderate attitude are reflected in the more widespread acceptance and use of arbitration as the standard means for settling international trade disputes and as the means of regulating international business. Key words : arbitration, state contracts, corruption, debt, investments, privatization, new economic order, transnational corporations, codes of conduct, permanent sovereignty over natural resources, third world, GATT, WTO
El, Midaoui Yasmina. "L' investissement en droit marocain : Essai sur une définition de l'investissement en droit du commerce international." Paris 2, 2010. http://www.theses.fr/2010PA020025.
Full textLlano, Franco Andrea. "Etude comparée du droit du commerce international des organismes génétiquement modifiés (OGM) et du droit européen." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020047.
Full textComparative study between the international trade law of genetically modified organisms (GMO) and the European law.The international trade regulation concerning genetically modified organisms (GMO), more specifically the Cartagena protocol, is in general, well-articulated with the European GMO law. This regulation is however in conflict with the WTO law. Between these regulatory systems, divergences are observed involving the precautionary principle and the principle of free trade, as well as with the implementation of mechanisms provided by the Cartagena Protocol. Despite the divergences there are important convergences within the common objectives of health and environmental protection, sustainable development and free trade protection. These convergences let us reflect upon the possibility of creating bridges to allow the articulation between these regulatory systems. This articulation becomes very important in a time where the law is strongly fragmented, and consistency becomes imperative. The conflict clauses established in the preamble of the Cartagena protocol and the mutual supportiveness principle are the mechanisms which allow the possibility of consistency between these regulatory systems, however, an articulation will never be possible before the WTO is open to consider other regulations. For a successful opening of the WTO, its Members States should make a political effort to evolve the WTO; furthermore, the WTO judge should consider an evolutionary interpretation of the WTO law
Hotte, Simon. "La rupture du contrat international." Lille 2, 2004. http://www.theses.fr/2004LIL20023.
Full textTermination of international contract and state contract may be govemed, within international commercial arbitration, by transnational rules of law. Defined as the ending of a contract unilaterally decided by a party, termination comes either from the punishment of a breach of contract (a measure of private justice) or from the use of a right to end a contract. Unilateralism implied by the termination calls for limitations aimed at preventing arbitrary without discouraging the development of business. First, many remedies are set down to cope with the breach of contract, confining termination as an ultimum remedium ; the right to end the contract is restricted by the obligation not to impairing the other party's rights. Second, transnational rules lay down the consequences of termination : the ending of contract vary according to the notice of a breach or not and every possible harm shall be compensated
Devaux, Caroline. "La fabrique du droit du commerce international : réguler les risques de capture." Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0061.
Full textApart in the field of economic regulation where it emerged, the notion of capture has not been the subject of much analysis, particularly in law. The present study builds on the theory of regulation that coined the concept of capture and proposes to analyse the risks of capture affecting the making of transnational commercial law within UNCITRAL and UNIDROIT. The study aims not only to identify these risks of capture but also to provide a legal framework to promote the participation of economic actors in these law-making processes – a key feature to ensure the quality and commercial acceptability of their norms – , while preventing the occurrence of captures, a noxious situation where lawmakers are left without autonomy to conduct their normative functions