Dissertations / Theses on the topic 'Droit international et droit interne – Vanuatu'
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Mosses, Morsen. "La rencontre entre les droits fondamentaux, notamment le droit à l'égalité des femmes et la coutume: le cas du Vanuatu comme exemple de pluralisme juridique." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26626.
Full textLike its neighbouring Island Countries, Vanuatu is experiencing a situation of legal pluralism where several legal orders or legal systems (customary law, colonial law, statutory law) coexist. Based on an exegetical analysis, but more fundamentally on a feminist methodology, the thesis attemps to show that this legal pluralism constitutes, in many cases, an obstacle to human rights and also to international obligations of these Pacific Island Countries in the matter. Concerning the situation of women, the feminist methodology shows us that the law as a whole (legal system, legislation, case law and State institutions) and the customary law in particular are ineffective in some areas such as the one of the family, among other things, because they create inequalities and discriminations towards women or because they maintain the inequalities that have already existed between women and men. By doing so, the law not only perpetuates the subordination of women, but also maintains the domination of men. Like the feminist jurists however, we consider that the law cannot be put aside since it can constitute a powerful tool for social change. Thus, in the proposed solution to the issu observed, the thesis insists not only on the necessity of reaffirming the principle of universality of human rights (and also women’s right to equality), but it also proposes an innovative interpretation of the right to equality based on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Canadian jurisprudence to better protect human rights, notably women’s rights in Vanuatu and in the Pacific region. The thesis also recommends the establishment of a national mechanism of human rights following Québec model considering the good performance of the province in terms of the protection and promotion of women’s rights. We thus hope that this thesis contributes to the advancement of knowledge in law by calling into question the existing legal order (or the neutrality of law) from a point of view centered on women and by putting forward an innovative interpretation of the right to equality in order to change or to improve the social relations between women and men in Vanuatu and in the Pacific region.
Nicod, Benoît. "L'immunité d'exécution en droit interne et droit international." Paris 2, 1986. http://www.theses.fr/1986PA020063.
Full textThe french foreign public entities intervene more and more often in economic environment as direct actors. They should be subjected to execution enforcement, but immunite of execution forbids that such a move be applied to them. In french domestic law, all public entities enjoy i-munity of execution, except in the cas of the industrial and commercial public accountant, such as s. N. C. F. , g. D. F. , e. D. F. Or charbonnages de france. The french law offers tot creditors of public companies several techniques and ressources which give them the possibilite to proceed to the recovery of their out standing debts. In international law, the principle of immunity of execution prevails even if it suffers some exceptions pertainings to funds affected to a commercial activity and to institutions autonomous or non distinct of the foreign state concerned. In cas of immunity, the juridical relation of which has been set up between the parties is interetatic. The study of this relations enables us to describe the various means offered to the creditor of a foreign state or one of its emanations to achieve the extinction of the end contracted by the concerned parties
Long, Sarapech. "L'application du droit international en droit interne cambodgien." Thesis, Université Côte d'Azur (ComUE), 2019. http://www.theses.fr/2019AZUR0035.
Full textThe research tries to escape from the long-standing theoretical enigma of the problematic relationship between the international legal order and the state legal order, to confront the legal reality, the critical effectiveness and the devoir-être of state vis-à-vis the international prescription which is in itself doubtful. In the international order, the status quo of legal rules remains ambiguous and decentralized, through its sources, substances and levels of evolutionary legality, from jus cogen to soft-law. The application of these rules in the state legal order, meanwhile with state rules, remains an objective challenge for the state. The case of Cambodia, a developing state, confronts the gap between national practices via its organs, legal nationalism and its internationalized Constitution, the objective of the State for its legitimacy to integrate into the international community; the context is illustrated by the position shared with other new subjects of international law of the 20th century that wanted a new dynamic of international rules to meet their needs. The codification of international law is the promising trend to crystallize and develop the law. International jurisprudence sanctions state’s rules in equivoque maner, while defending its legal primacy through mechanisms of the law of responsibility and the law of treaties. This would reflect our perspective of strengthening the application
Nicod, Benoît. "L'Immunité d'exécution en droit interne et international." Lille 3 : ANRT, 1987. http://catalogue.bnf.fr/ark:/12148/cb37600021b.
Full textDaniel, Julie Varinard André. "Les principes généraux du droit en droit pénal interne et international." Lyon : Université Lyon 3, 2008. http://thesesbrain.univ-lyon3.fr/sdx/theses/lyon3/2006/daniel_j.
Full textDaniel, Julie. "Les principes généraux du droit en droit pénal interne et international." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/out/theses/2006_out_daniel_j.pdf.
Full textThis PhD thesis is a contribution to the study of non legislative process of law making. Its object is to analyse the role of general principles of law in French and international criminal laws. In criminal law, the principle of legality is so strong that the status of general principles of law as non written source of the law remains uncertain. The fist part deals with the general principles of law as a residual source of French criminal law, where an important phenomenon of reception of general principles of law by some written law can be observed. In the second part, attention is paid to the general principles of law as an essential source of the international criminal legal system. General principles of law are an important source in the actual process of making international criminal legal norms. Non written principles are actually some fundamental instruments of the growth of the international criminal legal system
Kipoutou, François. "Les rapports du droit interne et droit international dans les constitutions et la pratique des Etats africains francophones (étude de droit constiutionnel comparé et de droit international )." Paris 2, 1992. http://www.theses.fr/1992PA020105.
Full textThe relations between the internal law and the international law in the constitutions of african french speaking states along with their practice in this field includes two main aspects, independant, but mostly complementary. It concerns the drafting of international law in internal law and the hierarchy between these two branches of law's rules in the internal judicial order. Concerning the drafting of international law, if theoretically it appears that there is the worry of reconciling the executive body's role and the one played by the legislative body in practice, it seems that against the constitutions, the reality takes a revange which goes to the benefit of the governments making, so a space for an unequal distribution of international competences between the different state's bodies. As for the hierarchy between internal law and international law, the primary importance of international law limited to the treaties, prescribed by most of the constitutions is in spite of some applications of this principle in practice, the result of the reproduction of article 55 of the french constitution written in 1958
Family, Roxana. "L'acte de fiducie : étude de droit interne et de droit international privé." Paris 2, 2000. http://www.theses.fr/2000PA020055.
Full textRevineala, Svetlana. "Le droit des successions dans la Fédération de Russie : droit interne et droit international privé." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020043/document.
Full textThe international inheritance issues have recently gained importance in Russia, since the opening of the country and the liberalisation of private international exchanges. Indeed, since 1991, with the URSS disintegration, the Russian nationals began to have their borders open with the possibility to develop their trade in a global economy. As a known phenomenon in all the countries, the immigration is shared between the desire to set down roots in the host country, and unless there is a will to return, at least a desire to have their families left in the original country benefit from their savings. Most of the time, this immigrant population ages and dies in the host country. The rising immigration from and to Russian Federation, illustrates the need of a clear regulation and enforcement in the area of the international inheritance law. The Russian conflict-of-law rules are mainly governed by internal rules, because the few international conventions signed by Russia in this area are deliberately regional or bilateral. For this reason, the rules of Russian private international law and the internal rules reflect the specificity of its social, economic and legal system. This Ph.D. undertakes a global reflexion on the Russian rules of the international inheritance law area. The two main axis of this study are, on the one hand, the determination of the applicable law to the international inheritance and the exploration of the domain of the Russian law applicable to the international inheritance. The aim of this thesis is to bring support to the patricians called to apply the Russian international private law in the area of inheritance
Haupais, Nicolas. "Le droit international public et l'organisation interne de l'Etat." Paris 2, 2003. http://www.theses.fr/2003PA020017.
Full textGratton, Louis-Philippe. "Contribution à l’analyse des rapports du droit interne et du droit international en matière culturelle : étude de droit comparé et de droit international économique." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10049.
Full textThe antagonism between liberalism and protectionism in trade in cultural goods and services permeates the contemporary history of international trade negotiations. It can be explained by the existing link between domestic law and international law in the cultural field. A study of comparative law allows to identify the characteristics of state intervention in the cultural sector and to suggest a classification of it. The functions of the state responsible for adopting, executing or sanctioning cultural norms follow from the specificity of its internal legal order and the functioning of its administration. These features allow then to understand the nature of cultural derogations at the international level. If the state unilaterally defines its legislation at the national level, rules of international law are established in coordination with other states. International derogatory provisions are thus not abstract rules as they take into account the existing standards from different internal legal orders. A study of international economic law assists in analyzing these derogations and in understanding their legal scope. They determine ultimately the compatibility of national norms with international trade rules: they preserve them or force the state to redefine them. Thus, the study confirms the mutual influence of national law and international law in the cultural field
Moille, Celine. "L’influence du droit international privé sur le droit interne français." Thesis, Lyon 2, 2012. http://www.theses.fr/2012LYO22026.
Full textFollowing the emergence of new means of communication and transportation, the second half of the twentieth century witnessed a massive development of the international society with its corresponding legal rules. However, the thought of Bartin that domestic law rules are projected into the international legal order, added to Batiffol opinion that domestic law always takes precedence over international law, lead us to believe that Private International Law is nothing but a strict reflection of domestic law. Although international by its object, Private International Law remains traditionally linked to domestic law where it draws its source. Therefore, whether or not containing a foreign element, legal relations between private persons are always considered through the prism of internal law. In that sense, domestic law does naturally shape International Private Law.The aim of this study is to investigate and justify the reverse movement : is there today an influence of Private International Law toward French law? By its methods (such as qualification, conflict of law rules or substantive rules), Private International Law in a specific approach of legal relationships that is detached from domestic considerations, allows to perceive some hidden aspects of internal law. If this were to be a confirmed intuition, conflicting and substantive Private International Law, should then be considered a new modern legal model, influencing the domestic law in which it originally blossomed
Mazabraud, Bertrand. "La peine privée : Aspects de droit interne et international." Paris 2, 2006. http://www.theses.fr/2006PA020031.
Full textBernardi, Corine de. "L'applicabilité du droit international et du droit communautaire dans les territoires d'outre-mer français." Paris 2, 1998. http://www.theses.fr/1998PA020077.
Full textJosselin-Gall, Muriel. "Les contrats d'exploitation du droit de propriété littéraire et artistique : étude de droit comparé et de droit international privé." Paris 1, 1994. http://www.theses.fr/1994PA010288.
Full textAt a time when copyright has developed a full international dimension, the object of this thesis is to analyse both the domestic and international legal regimes of copyright contracts which are the principal juridical mechanisms for exploiting this right. The first part of this thesis focuses on a comparative law analysis of the essential elements of intellectual property as it relates to the written word and their contractual expression in a number of legal systemes (roman-germanic, common-law, soviet legal systems). To begin with, this first part ettempts to find a common definition of the notion of "copyright contract" applicable to all of these legal systems. It then goes on to analyse the way in which this contractual system operates. The second part concentrates on the question of the law applicable to the international trade in copyright. The study first considers the conflicts of law relating to the ownership of copyright including both the physical and moral aspects. As to the ownership of the monopoly right of exploitation, the country of origin of the work is suggested as the connecting factor. With regard to the ownership of the moral right, the connecting factor is found through an analysis of the question of characterization, so that the suggested conflicts rule is the lex loci delicti. The thesis concludes by studying the law applicable to various international copyright contracts
Santulli, Carlo. "Le statut international de l'ordre juridique étatique : étude du traitement du droit interne par le droit international." Paris 2, 1999. http://www.theses.fr/1999PA020017.
Full textThe relationships between international law and municipal law are traditionally approached only from the standpoint of the application of international law in the domestic system. This research deals with the opposite problem : how does international law treat municipal law ? in order to find an answer to this question, it was necessary to go through more than 500 international law cases. The study of this precedents shows that international tribunals are often concerned with municipal law questions which need to be solved to adjudicate the international dispute. In a wide range of different fields such as the law of state responsability, the law of reservations, or the law of nationality, international rules may bind legal consequences to the existence of a municipal law product which becomes thereby indispensable to their own application. The numerous practical problems proceeding from the taking into account of municipal law in the international legal order are solved in conformity with a coherent set of rules which apply to every municipal legal order because it is such : they constitute its international status. At the theoretical level, only a dualistic representation can explain the international practice related to the status of the municipal legal order in international law. The international rules may intend to operate the reception of muninicipal law rules, or, on the opposite, they may prescribe or prohibit the creation of municipal rules, but the application of this international rules follows a permanent scheme : the existence of every element of municipal law is established by reference to the domestic legal means for the production of municipal law, and its international effect proceeds from the legal means for the production of international law alone
Asfar-Cazenave, Caroline. "L'intervention du juge etatique dans l'arbitrage interne et international." Paris 11, 1999. http://www.theses.fr/1999PA111008.
Full textArbitration consists in private legal proceedings thanks to wich litigation is not processed through the powers of state juridiction but dealt with by private persons who are called arbitrators and hold their judging position from agreement between the parties. Nevertheless, a close examination of positive law shows that the principle of dispossession of state juridiction is construed in a very supple way and that, on the contrary, judicial intervention keeps on prospering in suits in which arbitrators have been appointed. The may 14 th 1980 and may 2 nd 1981 decrees first allow the state judge to intervene on the merits of a suit to settle the difficulties related to the constitution or the functioning of the court of arbitration. The precedents of the case then have it that the state judge, notwithstanding the existence of an arbitration convention, retains his powers to order - on request or in chambers - any provisional or protective measure on the basis of ordinary law enactments. Whatever the ground of the intervention, this work is aiming at showing that the competence thus acknowledged to the state judge (in dealing with the main issue or provisional judgment) has become nowadays the genuinely formal means of interference of state juridiction into juridiction by arbitration
Liberti, Lahra. "Entreprises et droits de l'homme : le problème de la responsabilité entre droit international et droit interne." Paris 1, 2004. http://www.theses.fr/2004PA010286.
Full textVaerini, Jensen Micaela. "Exécution du droit communautaire par les États membres : méthode communautaire et nouvelles formes de gouvernance /." Bâle : Bruxelles : Paris : Helbing Lichtenhahn ; Bruylant ; LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41194403r.
Full textBoehler, Marie-Claude. "Le droit de la radioprotection : la protection contre le risque radiologique en droit interne et en droit international." Nancy 2, 1994. http://www.theses.fr/1994NAN20010.
Full textThe protection against radiological risk is one of the few fields of the protection of mankind against the harmful effects of the modern world, where a worldwide reflexion and doctrine have become imperative and have led to recommendations every state has adopted as a basis of its regulations. This has been accepted unanimously because of the quality of the achievements of a number of international organizations of scientific nature which undertook to elaborate the fundamental principles of radiological protection, as well as through some governmental international organizations which registered in judicial norms the scientific organizations recommendations. The radiological protection fundamental principles elaboration process on an international level as well as the technique of turning them into judicial norms has been analysed. This technique explains the persistence and the reinforcement of the tendency toward the formal and material harmonization of the national judicial systems of radiological protection in which these norms are transposed. Their acceptance in national judicial systems is the subject of the analysis of the radiological protection judiciary framework in comparative law and in French internal law
Salem, Hiba. "Les clauses sanctionnant l'inexécution d'une obligation contractuelle : Etude de droit interne et droit international privé." Paris 2, 2005. http://www.theses.fr/2005PA020108.
Full textMuller, Michaël. "La normativité et le contentieux des règles générales du droit international en droit interne : une étude comparative en droit allemand, autrichien et français." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010330/document.
Full textIn 1918, the states of continental Europe, beginning with the German speaking countries, started to incorporate in their new national Constitutions the Anglo-American maxim "[international law is] part of the law of the land'. Formulated by William Blackstone in 1769, this principle concerns the field of customary international law. Going, forward on this basis, the general rules of international law were then generally and permanently transformed into national law, notwithstanding any act enacted by state bodies (referred to as "transformation ipso jure"). International law transformation ipso jure into national law does not originally appear to result from a legal obligation imposed upon the state, rather this process is the product of a deliberate policy intended to show that any given state subjects itself to international law, including when it concerns domestic affairs. It merely provides a means for implementing positive international law, alongside other possible techniques available to the different national legal systems, from which this thesis articulates a typology. Therefore, the different national constitutional norms undergoing the transformation ipso jure, are not superfluous. On the one hand, the transformation ipso jure consists of a general authorization for the benefit of state organs and eventually of private individuals to be able to apply international law. On the other hand, by attributing to international law a certain internal derogatory force (in German refered to as derogatische Kraft), this process opens up the possibility for international legal norms to prevail upon internal rules with which they enter into collision
Cournil, Christel. "Le statut interne de l'étranger et les normes supranationales /." Paris ; Budapest ; Kinshasa [etc.] : l'Harmattan, 2005. http://catalogue.bnf.fr/ark:/12148/cb40070787r.
Full textMarcou, Charlotte. "Le renvoi conventionnel à la loi : étude de droit interne et de droit international privé." Toulouse 1, 2009. http://www.theses.fr/2009TOU10020.
Full textThis essay highlights the conventionnal law reference in domestic and private international law. Although the latter frequently appears in conventions, not a single legal concept has been worked out to enable understanding. And yet, the advantage of said mechanism exceeds contractual practice, as it leads to the renewal of the fundamental question between the relationship of willingness and normative pressures. Indeed, if the insertion of a reference clause in law can be motivated by different intentions, it mainly allows the parties to interfere on the normal reports of law and contracts. The contracting parties, by referencing law will as well choose the law of their contract by incorporating provisions in their agreement or by including their contract in its juridiction
Goldie-Genicon, Charlotte. "Contribution à l'étude des rapports entre le droit commun et le droit spécial des contrats /." Paris : LGDJ-Lextenso éd, 2009. http://catalogue.bnf.fr/ark:/12148/cb41495902j.
Full textRohmer, Xavier. "Les distributions irrégulières en droit fiscal interne et international : France, Belgique, Royaume-Uni, Etats-Unis." Paris 12, 1989. http://www.theses.fr/1989PA122003.
Full textAli, Abdallah Ahmed. "Le statut juridique de Mayotte. Concilier droit interne et droit international ; réconcilier la France et les Comores." Thesis, La Réunion, 2011. http://www.theses.fr/2011LARE0015.
Full textThe case of Mayotte has been extensively studied. However unresolved issues regarding the legal status of the territory persist, owing to Mayotte belonging to both the Comoros and France. This study examines how the legal status of Mayotte can reflect its double identity. To answer this question, it is necessary to envision two complementary aspects of the problem: is Mayotte immune from international law? The answer is no; does Mayotte fall exclusively under French law? Again, the answer is no. This thesis reveals the opportunity for Mayotte to define itself both as an international and as a French Comorian territory. Embracing its international vocation, Mayotte would move beyond the statu quo that stems from the territorial dispute between France and the Comoros. The current situation is the symptom of an antagonism between international and domestic law which explains the absence of discussion over the case of Mayotte. The Comoros promotes international law whereas France is in favour of internal law. There are two main international law solutions: a strict one, by the application of the principle of “uti possidetis juris”, in other words the unification of Mayotte territory with Comoros. The second solution is an innovative one which would consist in a French-Comorian shared sovereignty concerning Mayotte. Considering political forces, it does not seem easy to implement international law solutions. Also, in a modernized perspective, the thesis of maintaining a French Mayotte island is to be promoted. This could eventually be the solution of internal law and international law. French-Comorian purpose about Mayotte means that the maintaining of a French Mayotte island should be thought in terms of a double belonging. The renunciation, accepted by the Comorian state, should have to be associated with a strong bilateral international cooperation. That is why the status of Mayotte also has to be thought in terms of a double identity. In these conditions, a real dialogue can be established between France and the Comoros about a French Mayotte. Thus, long-standing talks are possible because none of the protagonists will be given exclusive satisfaction. Even though the internal law and international law dialogue encourages French interests, the dialogue which follows has to satisfy both parties. Thus, to answer the questions raised by our problematic, we have divided our study into two parts, the first one is devoted to the international purpose of Mayotte’s status and the second one deals with its French-Comorian purpose
Dermendjian, Valérie. "L'autorité de la coutume internationale dans l'ordre juridique interne des Etats-Unis." Aix-Marseille 3, 2005. http://www.theses.fr/2005AIX32012.
Full textThe formal authority of customary international law stems from the constitutional jurisprudence of the nation and from the principle down from English common law and maritime law “international law is part of the law of the land”. The founding fathers considered the law of nations as to be apllied intercally as unwritten general law. Nowadays, the three branches of the national government participate in the incorporate process in ways that vary according to their constitutional powers. Specifically, a federal judge may rely upon the customary norm, using the sliding scale principle, and transforming it into specific federal common law. The material authority of customs international law can be perceived by the norms applied to both the states and the individual by the federal judge. Particulary, the Filartiga case law allows foreigner to bring a claim under the Alien Tort Statute for torts in violation of the law of nations
Partsch, Philippe-Emmanuel. "Le droit international privé européen : de Rome à Nice /." Bruxelles : Larcier, 2003. http://catalogue.bnf.fr/ark:/12148/cb39046756f.
Full textBelaich, Fabrice. "La non-reconnaissance des situations internationalement illicites : aspects contemporains." Paris 2, 1997. http://www.theses.fr/1997PA020071.
Full textThe non-recognition of an internationally illicit situation is a phenomenon which presents two aspects : first, the aspect of a pretension, put forward by a subject of international law, by which it qualifies a situation as contrary to international law; second , the aspect of a process, by which the subjects which have put forward this pretension endeavour to restore the statu quo ante, which is the situation which prevailed before the internationally illicit fact which created the situation occured. After having analysed the contemporary practice, it appears that juridically the technique of non-recognition is deficient, for it is impossible to foresee what is going to occur when a situation susceptible to be the object of a non-recognition appears
Li, Bin. "La protection de la propriété en Chine : transformation du droit interne et influence du droit international." Paris 1, 2009. http://www.theses.fr/2009PA010261.
Full textCorneloup, Sabine. "La publicité des situations juridiques en droit interne et en droit international privé : comparaisons franco-allemandes." Paris 1, 2000. http://www.theses.fr/2000PA010267.
Full textEL, Ghafloul Eid Ahmed. "L'insertion et la force obligatoire des normes internationales conventionnelles en droit interne égyptien." Paris 2, 1995. http://www.theses.fr/1995PA020159.
Full textHenzelin, Marc. "Le principe de l'universalité en droit pénal international : droit et obligation pour les Etats de poursuivre et juger selon le principe de l'universalité /." Bruxelles : Bruylant, 2000. http://catalogue.bnf.fr/ark:/12148/cb389069499.
Full textCournil, Christel. "Le statut interne de l'étranger et les normes supranationales." Toulouse 1, 2004. http://www.theses.fr/2004TOU10041.
Full textThe rights of foreigners are booming under the influence of supranational norms (treaties, conventions, human rights law within the European community. . . ) and more particulary European directive and community Law. This study has for subject the direct or indirect influence of these norms on the changes in the internal statutes of foreigners. We are witnessing the emergence of a supranational migratory regim regarding foreign migrations. The Geneva Convention, the bilateral agreements but especially the Europeen Community policy regarding the rights of asylum and immigration have brought about a truly supranational status for foreigners. This study essentially allows us to measure the extent of European community law's influence on the internal status of the ordinary foreigner but also that of those asking for asylum. The entry, the stay, and the departure of foreigners and of those asking for asylum are ruled by these new norms. Parallel to this phenomenon of "communitarisation", internal or national law is experiencing a sharp rise in the influence of international rights concerning Human Rights. From all these different norms and international jurisprudence are emerging a set of protective rights and liberties for foreigners. These additional supranational guarantees thus complete the national statutes for foreigners. Whereas some of them are used to "correct" the national statutes, in other words improve them by reinforcing an already existing protection for foreigners, others, on the contrary, have an innovative function as they give guarantees yet unknown in national foreign statutes
Porta, Jérôme. "La réalisation du droit communautaire : essai sur le gouvernement juridique de la diversité /." Clermont-Ferrand : [Paris] : Fondation Varenne ; diff. LGDJ, 2007. http://catalogue.bnf.fr/ark:/12148/cb41175983f.
Full textCorneloup, Sabine. "La publicité des situations juridiques : une approche franco-allemande du droit interne et du droit international privé /." Paris : LGDJ, 2003. http://catalogue.bnf.fr/ark:/12148/cb38948261j.
Full textMouric, Céline. "Théorie d'une convergence juridique en droit international." Montpellier 1, 2006. http://www.theses.fr/2006MON10016.
Full textSciotti, Claudia. "L'applicabilité des traités internationaux relatifs aux droits de l'homme interne." Université Robert Schuman (Strasbourg) (1971-2008), 2002. http://www.theses.fr/2002STR30009.
Full textSalah, Eldin Camal Camelia. "Le partenariat public privé et le mécanisme de l'équilibre contractuel en droit interne et international." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32004.
Full textThe relation between the contract of public-private partnership and the principle of risk sharing is very close, because the principle of risk sharing is the keyword of the concept of public private partnership. But the question is: Can the principle of risk sharing achieve a balanced contract between its parties from the moment of contract signature until the completion of its execution? Also, can this principle replace the legal theories and contractual clauses which aim to achieve the balance of contract, either at internal law traditions (such as the traditional theories of administrative contract balance « theories of : l’imprévision, le fait de prince, les sujétions imprévues et le force majeure » in the countries of Roman civil law traditions like: France and Egypt, and the theories of « considération, unconscionability, frustration, impracticability» which trying to achieve the contract balance in the countries of common law tradition like: Great Britain and the United States) or at international law traditions with various contractual clauses (such as stabilization clauses, force majeure or hardship clauses). This thesis tries to define the relationship between the principle of risk sharing, as a private mechanism of public-private partnership contracts, for having an equilibrium contract and the other mechanisms of the contractual balance internally and internationally. This requires analyzing of the concept of public-private partnership under experience in internal and international legal traditions in orders to understand the place of the principle of risk sharing in the definition of this special kind of contracts, also to explore the relationship between this principle and other mechanisms of contractual balance at the internal and international levels
Thuilleaux, Sabine 1961. "Aspects compares des regimes juridiques de l'arbitrage au Quebec et en France : droit interne - droit international prive." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59843.
Full textThis thesis deals with certain aspects of the new regime, comparing it with the well-established French law of arbitration, which has abundant caselaw covering both domestic and international arbitration. Emphasis is placed on the manner in which Quebec courts have applied the new arbitration law in comparison with French judicial practice.
The first part of the thesis deals with domestic arbitration, focussing on contractual and jurisdictional issues. This is done through an examination of the arbitration agreement, the arbitration procedure, the award, as well as the execution of the award and remedies to set it aside.
International arbitration is treated in the second part. The definition of international arbitration, the validity and autonomy of the arbitration agreement, the choice of law relating to the procedure and the dispute itself are reviewed, as is the execution of foreign awards--that is, those rendered outside Quebec or rendered in Quebec but in the context of an international dispute.
Ould, Mohamed Jemal. "La réglementation de la pêche en droit international et en droit interne : le cas de la Mauritanie." Reims, 2003. http://www.theses.fr/2003REIMD001.
Full textThe Convention of the United Nations on the right of the sea of December 10, 1982 devotes the influence of the Coastal state on the living resources of the sea. This influence appears in particular by the creation of an exclusive economic zone of 200 marine miles placed under the jurisdiction of this State. Thus this one controls more than 90% of the resources of the sea. In parallel of these rights, the Coastal state must respect a certain number in order to regulate fishing and to ensure an optimal exploitation of the resources. As a Coastal state, Mauritania engages, since its independence in 1960, in a process aiming at setting up a regulation of fishing in accordance with the evolutions of the International law on the matter. By its practice and its legislations, it illustrates How the Coastal state not-developed can reconcile : management of its maritime resources and respect of the international law of fishing
Leborgne, François. "L'action en responsabilité dans les groupes de contrats : étude de droit interne et de droit international privé." Rennes I, 1995. http://www.theses.fr/1995REN11021.
Full textThis thesis aims to propose , on the basis of the international private law, a new organization of the liability into the "contract's groups". The nature of the "contract's group" is today the single criterion of the nature of the liability into the "contract's group". This criterion would deserve to be replaced by the criterion of the damage's nature: all actions concerning personnal injury or damage to property other than the product itself would be submitted to a non-contractual liability, while actions concerning damage to the product itself (i. E. The cost of the pump) could be submitted to a contractuel liability, whichever the parties in the process have ou haven't a contractual relationship. The private international law has already adopted this new organization : the nature of the damage is already important for the european jurisdiction rules and is essential-on account of the hague product liability convention - for the choice of law
Martin, Jörg. "Strafbarkeit grenzüberschreitender Umweltbeeinträchtigungen : zugleich ein Beitrag zur Gefährdungsdogmatik und zum Umweltvölkerrecht /." Freiburg im Breisgau : Max-Planck-Institut für ausländisches und internationales Strafrecht, 1989. http://catalogue.bnf.fr/ark:/12148/cb37431271z.
Full textMénard, Louis-Marie. "La création d'un état par sécession armée en droit international." Paris 10, 2004. http://www.theses.fr/2004PA100201.
Full textInternational law alone can determine the characteristics of a State as a subject of this legal order. A population situated on a territory must to be subject to a sovereign authority. Numerous entities long to constitute a State ; they have to accomplish effectively the three constitutive elements. There is no rule of international law that forbids the secession, and the recognition cannot oppose this birth either. International law intervenes by its nature as the supreme and international legal order, to convey immediately the quality of State to this new international fact. Yet it intervenes as well from the beginning of the secessionist armed combat. The success of a secession depends on the application of the principles of non-interference and non-intervention
Tourard, Hélène. "L'internationalisation des constitutions nationales /." Paris : LGDJ, 2000. http://catalogue.bnf.fr/ark:/12148/cb37105119d.
Full textChenivesse, Pascal. "Le pouvoir d'appréciation de l'état relatif aux droits de l'homme en droit international." Aix-Marseille 3, 2006. http://www.theses.fr/2006AIX32000.
Full textDevoize, Catherine. "Les opérations matérielles d'exécution du droit étatique en territoire étranger." Paris 2, 1997. http://www.theses.fr/1997PA020096.
Full textPapeil, Anne-Sophie. "Les conflits de lois de police." Rouen, 2014. http://www.theses.fr/2014ROUED003.
Full textThe rules of conflicts determine which law to apply when diversity exists between the applicable law of that court's state [the forum state] and the applicable law of another jurisdiction interrested in the controversy. In some cases, the law designated bu the conflicts of law provision will be excluded by the application of an overriding mandatory rule. This special category of mandatory rules may not be redogated from, even if another law of another country is chosen. In some exceptional cases, two or more overriding mandatory rules might create what we call a conflict of mandatory rule. The purpose of my research intends to prove that conflicts between two overriding mandatory rules are possible, especially in the field of arbitration and european law, and to provide possible solutions to this particular kind of conflict. Conflicts of laws are traditionnally solved through a special method that is nowadays influenced by European law, at least for the intra-European cases. Moreover, many of the contentious areas in the theory and practice of arbitration relate to the inevitable tensions between party autonomy and state legal controls. These kinds of tensions can raise a conflict of overriding mandatory rules. What kind of solution could we find to solve a conflict of overriding mandatory rules ? It is not possible to consider a classic rule of conflict of law ; rather a more flexible rule has to be chosen. The solution will be a combination of different theory as the proper lax, the better lax, and the balancing interest test
Zhao, Guoqing. "Etude de la protection du milieu marin : la position de la R.P.C : droit international et droit interne chinois." Paris 7, 1995. http://www.theses.fr/1995PA070022.
Full textThis thesis is a study of the protection of marine environnment and the problems of national and international law it raises. The protection of marine environment is a new problem and one may often wonder whether the concern of the various countries for marine environment is not, in fact, the wish to widen their field of competence on sea areas to protect their resources and interests. The law of the protection of marine environment has developped gradually outside the law of the sea but it has also caused the law of the sea to evolve. This thesis is a study of the juridical problems and particularly the montego bay convention of 1982, which obliges the states to protect a large part of the environment inside as well as outside their juridiction. It therefore requires a change in juridical thinking. This thesis studies the evolution of the position of the popular republic of china toward the problems and shows it has evolved simultaneously with her position toward international law in general