Dissertations / Theses on the topic 'Droit maritime – Mer Noire'
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Özden, Aynur Gaye. "La @protection de la biodiversité en Mer Noire." Nice, 2003. http://www.theses.fr/2003NICE0022.
Full textThe Black Sea is a semi-enclosed sea surrounded by six countries : Bulgaria, Russian Federation, Georgia, Romania, Turkey and the Ukraine. The Black Sea is connected to the Mediterranean via the Turkish Straits : the Bosphorus, Dardanelles and the Marmara Sea. The Marmara Sea is the inland sea of Turkey and for this reason the international conventions relating to the protection of the biodiversity can not be put into practice to this inland sea. Likewise this fact causes many problems for the protection of the biological diversity of the Black Sea. The navigation in the Black Sea is important because of the transportation of oil from the Caspian Sea via the Marmara Sea to international markets. The Black Sea countries are conscious of the problems and they have recently elaborated two regional conventions : The Black Sea Biodiversity and Landscape Conservation Protocol to the Convention on the Protection of the Black Sea Against Pollution and The Draft Convention for Fisheries and Conservation of Living Resources of the Black Sea
Tsitsagi, Giorgi. "Le régime de navigation et la protection de l'environnement dans la mer Noire." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020070.
Full textThe geography of the Black Sea never was the most suitable to apply unconditionally the principle of free navigation. During centuries, it was, and still remains, under specific rules due to the particular strategic geopolitical importance of this region. So the navigation regime in this region is the adaptation of the principle of free navigation to it s specifics, which explains the almost permanent reviewing of the established regime. Among several international agreements, only the Convention of Montreux appeared to be most sustainable, but even in this case the geography of the region seems to weaken it nowadays. The Thesis reveals this frailty and shows that navigation on the Black Sea encounters the same problem. Consequently it shows the need to fill the juridical gap coming from the lack of rules of security and of environment protection in the Convention of Montreux, as in the regime of navigation of the Black Sea. The comparative study of the internal law of each of the waterfronts States and of the texts with regional focus points out as well the measures taken by the concerned States, but also the problem of adaptation of the regime of navigation in this region according to the current requirements of international law of the sea, especially concerning the security of navigation and the protection of marine environment
Campagnola, François. "Droit international et stratégie maritime des Etats." Nice, 2004. http://www.theses.fr/2004NICE0061.
Full textThe Montego Bay Convention marked a real turning point in the development of the International law of the sea. It introduced a clear rebalance between the juridically protected interests of the coastal State and the flag State to the benefit of the first. The juridical balance realized by the Convention was subjected to pressures from both States, the result of which, in the nineties, was a revision of Part XI and an agreement concerning the juridical regime of the straddling stocks. This study has a double objective. First, it aims to make an examination of the rule of International law concerning the juridical régime of marine spaces and a certain number of maritime activities. It proves that the development of environmental preoccupations also constitutes a manner to promote the interests of the coastal State. It aims, then, to show how the International law of the sea is porous concerning the expression of the States interests and how, especially in terms of use of force at sea, the extra-juridical considerations weigh strongly
Bouayad, Mohammed. "L'assistance maritime en droit français et marocain." Nantes, 1987. http://www.theses.fr/1987NANT4007.
Full textTwo big points are under examination in this comparative thesis -first the definition and the limits of the maritime assistance; it is necessary to distinguish it from other institutions; the limits of this assistance with the specific problem of the help to people are a second sort of question; a third chapter insists on the conditions to give the qualification of "assistance" to an intervention. - the second part examines the payment of assistance: nature, technics (contract, fixation by external people), persons that can receive or pay this remuneration, intervention of insurance companies, securities for the creditor, problems of judicial nature (what law is applicable) and endly liability when a fuel pollu- tion occurs in an intervention of assistance
Nassef, Mohammed. "Le droit de passage inoffensif : etude en droit maritime international." Rouen, 1989. http://www.theses.fr/1989ROUEA003.
Full textTouré, Barham. "L'insécurité en mer et le droit : mutations, prévention et sanction." Lille 2, 2000. http://www.theses.fr/2000LIL20012.
Full textLadan-Baldet, Gaëlle. "Le juge et les Etats dans l'élaboration du droit de la mer." Paris 1, 2000. http://www.theses.fr/2000PA010351.
Full textBoutouchent, Abdennour. "Les incidences du nouveau droit de la mer sur la navigation et les transports maritimes." Montpellier 1, 1991. http://www.theses.fr/1991MON10025.
Full textMaritime transport is of great importance for the nations' economic prosperity and their political radiance; maritime transport generally contributes to create a balance within the external economic exchanges. If the 1982 united nations convention aims to codify and te harmonize some persistent situations, in relation with the aspirations of the international community, this will be, evidently, reflected back on all maritime affairs. The 1982 convention, the most comprehensive code of the law of the sea ever drafted, will have an immense influence on the behaviour of states; the implications for customary law of the sea are profound and far-reaching. A natural tendency exists to oversimplify the issue of the relationship between the 1982 convention and custemary law of the sea; to wit, some researchers simply question whether the 1982 convention is a codification of customary international law. Although the function of navigation has a little let its role to the exploitation of the sea, this activity keeps nevertheless all its importance. Thus, it seems essential to redefine with certainty the navigation juridical contexts and maritime transport and accentuate on the reinforcement of a specific making of rules of this activity. As the ship is the main tool, it seems necessary to study her through the redefinitions of the maritime spaces and through all kinds
Magnondo, Guembi Boniface. "La politique congolaise en matière de droit de la mer." Orléans, 1992. http://www.theses.fr/1992ORLE0002.
Full textCongo is a state bordering the Atlantic Ocean thus this important to know the legal framework that has been established with regards to sea law. It’s a question of knowing what are the concerted decisions taken by the Congolese authorities in this field where economic stakes are very relevant. The answer of this basic question is that decides behavior is somewhat peculiar. Coordination of actions in this field is lacking. One can say that there's no real sea law politics in the country. Meanwhile, the important marine resources are being intensively exploited by foreign ships. In fact the actual Congolese’s sea law is obsolete therefore it's necessary to elaborate new and suited regulations in this field which is continuously evaluating. Congolese state and authorities should pay more attention to the marine sector when the sea is being over exploited polluted
Montas, Arnaud. "Le quasi-contrat d'assistance : essai sur le droit maritime comme source de droit." Nantes, 2005. http://www.theses.fr/2005NANT4016.
Full textThe "sea as the source of all law" is not a general juridical postulate. Such an idea simply translates the age-long observation of the original implementation by maritime law of moral precepts aiming at solidarity and social progress: It will be so with cases of assistance to persons. Concerning the unresolved issue of the indemnification for the damage sustained during persons rescue operations, the maritime idiosyncrasy has brought clear instructions to the legal sphere, before it was awkwardly and inelegantly replaced by the law of obligations and its sweeping statements. Even if the many foundations envisaged by the courts to settle this issue give evidence of the tenacity with which the lawmaker is trying to give the unpaid rescuer a juridical status, it remains that the law does not hold a synthetic view on this issue. Above all it is impossible to say that when the lawmaker omitted to make provisions for a special system of indemnification for the damage sustained while giving help to persons, he was actually showing a genuine desire to create such a system. Therefore the jurisprudence has had to play a constructive role by widening gradually the spectrum of compensation cases. After close scrutiny it is fair to say that the answers that have emerged do not form a homogeneous and harmonious set of law. Outside their common aim for indemnification, they appear in complex situations and resort to several legal techniques that have been juxtaposed without any internal nor external coherence. In the legal field of cases of assistance to people, it seems discursive to start once more from the maritime idiosyncrasy, to draw out a general rule of indemnisation
Dhimni, Mohammed. "Le droit de passage inoffensif : étude en droit international de la mer." Rouen, 1989. http://www.theses.fr/1989ROUEL071.
Full textThe law of the sea has for centuries been forming around the freedom of navigation, for the seas, among all communication ways, is the one for which the regime of freedom is the most fit for communication ends. Although, the freedom is fully recognized in high seas, which evade any state sovereignty, international law has evolved the principle of innocent passage through foreign territorial waters so as to prevent ships from perpetual wandering in high seas. This study tries to present this principle. It deals with its emergence in the practices of states, its legal character, the maritime areas wherein it can be exercized, the ships that are entitled to use it and conditions of its exercise
Tephany, Yann. "La lutte contre les activités illicites en mer." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT2013.
Full textMaritime security threats have always been a critical concern for States. The age-old figure of the pirate sailing the Seven Seas to plunder merchant ships is a striking illustration of this. Nowadays, this matter still attracts the attention of the international community. Contemporary maritime security threats now includes a wide range of illegal acts, such as piracy in the high seas, armed robbery in territorial waters, maritime terrorism, illicit traffic of narcotic drugs and psychotropic substances, smuggling and trafficking of persons, illegal fishing and intentional and unlawful damage to the marine environment. UNCLOS reaches a compromise between national interests of States in one hand, and the interest of the international community in the other. This Convention establishes a legal framework in which it upholds the principle of freedom of navigation in various articles, and also provides States' law enforcement powers against criminals operating on vessels flying foreign flags. However, UNCLOS is not, per se, a crime control treaty. For that reason, several multilateral treaties called “suppression convention” have been concluded, with the purpose of suppressing transnational crime. These treaties include the obligation to criminalize several activities that could be committed at sea, and serve to complement the international framework for fight illegal activities at sea.States and international organizations strengthen and enforce these international rules. They develop new instruments and procedures to tackle maritime security threats. International courts also play an important role, for instance in terms of obliging States to take due account of the fundamental rights of persons arrested for being involved in illicit maritime activities. All these developments demonstrate that States have enough legal tools to fight illegal activities at sea, although there is a lack of effective cooperation
Hilberer-Rouzic, Pascale. "La protection des mers européennes fermées ou semi-fermées contre la pollution marine d'origine tellurique : mer du Nord, mer Baltique, mer Méditerranée." Paris 1, 1996. http://www.theses.fr/1996PA010293.
Full textLand-based marine pollution is the most important and surely the most complex source of marine pollution. Its effects are particularly dangerous within the scope of closed or semi-closed seas. Parallel to a whole non restricting rules which set the guidelines of marine protection and the fight against land-based pollution, a few conventions determine the legal regulations and the means to abate land-based pollution. The consideration of the main international clauses displays the weaks of the worldwide reglementation applicable to land-based pollution. Necessary complement of universal law, regional law implement the general guidelines elaborated at the universal level into a geographicaly limited scope. Regional conventions supply mesures suited to the problems and the specificities of each sea. The formal and the substance similarities and differences which caracterize the methodes of prevention, reduction and abatement of land-based pollution are brought in fore through a comparative analyse of the different regional or subregional conventional systems specifs to each european closed or semi-closed sea. In order to complet the study, the existing interactions between european community law and regional law are emphasized through the analyse of rules related to water and air protection against pollution, which contribute to the prevention of european seas land-based pollution
Vallon, Frédérique. "De l'utilité d'un droit international en matière de terrorisme maritime nucléaire." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10018.
Full textThis research is a reflection on the risks of major terrorist century. Among those risks, nuclear terrorism Maritime occupies a prominent place. Traditionally, international law has attempted to solve the problem of international straits as their geographical configuration can easily turn into very dangerous places, conducive to the realization of the random terrorist. Recent climatic trends of mythical Northwest Passage has provided us a perfect example of the potential risks. Aware that terrorism, if it can be managed, will never be eradicated, this paper proposes some ways to fight against this ideological manifestation
Sylvestre, Joël. "Les états de la Caraïbe et le droit des pêches maritime." Nantes, 1997. http://www.theses.fr/1997NANT4007.
Full textZone of cleavage, between islands countries and political entities, and continental states, whom the nature have given a better continental shelf, there is in the caribbean region, biggest economics disparities over which are superposed, a legal instability and an archaism of the structures, revealing the insufficiency of states determination. This insufficiency is easily mesurable considering the few demarcation treaties concluded, making up simultaneously, serious hindrance for the realization of fishing agreements. Nevertheless, politics authorities of the region, have some duties which are laid down by the changing of facts, ideas, and law. Evolutions are imperative, as well for the conservation of the halieutical heritage of the caribbean sea and adjacents zones, than for their exploitation, or for a projection within external oceans. They would require that those states bring out a progressiv vision of fishing, including radical structural reforms, which could facilitate a legal oecumenism. Otherwise, and despite the courageous and accountable way use by the OECS states at a sub-regional level, the idea of an concerted exploitation of the biologics resources, suggested by jamaica, might well stay, for a long time, a distant prospect
Seinoubi, Fezan. "Les riverains francophones du golfe de guinee et le droit international de la mer : un exemple de politique maritime africaine." Nantes, 1987. http://www.theses.fr/1987NANT4005.
Full textThe law of the sea has been the subject of a deep and rapid transformation caused by the triple and irresistible push of the economic, scientific and political progress. The african states did not participate to a great extent in the two conferences (1958 and 1960) on the law of the sea. The "declaration on matters concerning the law of the sea "of the oua in 1973, brings into view the interest that the african continent is now showing in these problems and underlines the african group's position. But, beyond the traditional division north-south which opposes the developped countries to the underdevelopped countries, the law of the sea is fundamentally based on conflictual interests of the states. This study tries to reveal the three circumstantial position (coastal state - african state - third world state) which led the french speaking coastal states of the guinea-gulf decision, according to their interests; as well as during the deliberations of the various sessions of the third conference on the law of the sea, as during the first years after their independance
Khodjet, el Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et mise en oeuvre par les États /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, 2003. http://catalogue.bnf.fr/ark:/12148/cb39081199p.
Full textEnhart, Hélène. "Le secours en mer : réflexions sur la non-rémunération du sauvetage des personnes dans l'exercice d'un loisir nautique." Nantes, 1994. http://www.theses.fr/1994NANT4016.
Full textThe developement of sea leisure activities and the increase in sea rescues have influenced the choice of the subject matter. Our thesis has two parts. Part one is devoted to the study of sea leisure activities that modify the consideration of no remuneration rescues. It is divided into two subparts devoted to the large range of leisure boating activities whose status is more obscure even though it is submitted to sea legislation and which makes rescue actions more complex, making us conclude that the free of charge intervention of victims rescue-teams is obsolete. Part two is devoted to finding an appropriate solution through set-price indemnification. It is divided into two subparts and is based on the difference between salary and indemnity. Principles and comparative legislation bring elements of reflection in favour of indemnity, jurisprudence has shown that this principale is not taboo. It is therefore necessary to list every jurisdiction principle, but the adaptations that are rendered necessary by the subject lead us into thinking that the rescue indemnification that has hitherto been applicable to wing surfing only, must be extented
Khodjet, El Khil Lilia. "La pollution de la mer Méditerranée du fait du transport maritime de marchandises : régime juridique applicable et pratique des états." Aix-Marseille 3, 2001. http://www.theses.fr/2001AIX32032.
Full textAs a semi-enclosed sea, the Mediterranean sea is particularly vulnerable to pollution. Maritime transport make an handsome contribution to it. It causes accidental discharges and operational ships gener ated wastes due to the numerous tankers and chimical bulks that cross the Mediterranean sea daily. Despite the important preventive policy framework erected in the 1970' in order to protect the Mediterranean sea, maritime pollution is still poorly controlled in this area. This inefficacy of preventive policy framework is largely due to flag states failing to control ship conformity that is too weakly counterbalanced by port states controls. Mediterranean harbors under-equipment of reception facilities for ship residues is likely to contribute to the failure of the elimination of operational pollution. .
Giaime, Matthieu. "Géoarchéologie des ports antiques en contextes deltaïques : quelques exemples de Méditerranée et de mer Noire." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM3091.
Full textRiver deltas began forming around 7000 years BP because of the stabilisation of the mean sea-level. The natural variety of wetland environments on clastic coasts, in particular deltas, explains in major part the important disparities in harbour contexts. The combination of earth sciences with archaeological tools allows us to investigate the environmental evolution of four ancient sites located on deltas. We investigate 7000 years of environmental changes on the Kuban delta (Taman Peninsula, Russia). A coring, from the eastern limit of the peninsula, and its comparison with other geoarchaeological studies undertaken on the delta, allow us to confirm that the Holocene marine transgression created an archipelago of four islands around 6000 years ago in the area of the present-day Taman Peninsula. In Antiquity, natural factors such as delta progradation and the evolution of spits and sand bars have considerably affected the landscape evolution and therefore human occupation of the peninsula. At Tel Akko, (Haifa Bay, Israel), we reconstruct the evolution of the coastal zone of the site since the Bronze Age. We propose different harbour locations over time. At Pollentia, a Roman city of Mallorca, we have been able to demonstrate that the harbour was situated in a shallow lagoon, probably dredged at the time of its foundation. At Halymris (Danube delta, Romania), our research supports the presence of a secondary fluvial-channel located close to the fortress where the harbour may have been installed. The fortress, located at the foot of a promontory, was protected from floods and provided easy access to the main channel of the river
Nononsi, Aristide. "Tendances et caractéristiques du droit du travail maritime en Afrique noire francophone : l'exemple du Cameroun, de la Côte d'Ivoire et du Sénégal." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40009.
Full textDa, Silva Dominique. "Les aspects juridiques actuels de la sécurité maritime." Paris 1, 1998. http://www.theses.fr/1998PA010280.
Full textHistorically the maritime safety in its full meaning essentially aimed in preserving the ship, men, and goods. People from the maritime world (states, international maritime organization, classification societies) were mainly interested in the technical aspect raised by sea safety matters. Nowadays the international community's growing interest in the protection of the environment helps to better understanding with a new approach on sea security matters. In order to take into account this new concern towards sea environment, the "maritime safety" concept has progressively changed. From now on, the security rules have changed from protecting the ship and human life into preserving and saving the sea world. The maritime safety law evolved punctually and technically all along the occurence of the main sea disasters ("torrey canyon" in 1967, "amoco cadiz" in 1978 and "exxon-valdez" in 1989). The arising of sea accidents showed the limits and the weakness of the existing conventionnal system. It also highlighted the aspects of shipping safety that have to be improved. Today two main priorities have been emphasized by the new security rules. The first one is to reinforce the controls on effective application of international legislation in increasing control powers of port state. The second priority aims to improve the skills of the crew according thanks to the adoption of the ism code and the revision of the stcw/78 convention. However total security does not exist and never will althoug there are plenty of rules concerning this matter. The remaining objective of the maritime security law is to reach the maximum security
Desmonts, Jean-René. "État côtier et développement durable : entre exploitation et protection environnementale : Les conflits d'usage en mer." Caen, 2015. http://www.theses.fr/2015CAEN0002.
Full textOver the last few years the sea has known a multiplication of its modes of exploitation. From now on, marine areas must be shared between the traditional users (fishing, marine cultures, sea traffic) and the new users of the sea (industrial activities, leisure), to whom is added an environmental use. Conflicts which arise from this competition in the use of these fragile environments require an intervention which needs to be increased and renewed by public authorities. Arbitration between these activities involves research by the authorities of a balance between the exploitation and the environmental protection of the sea. Despite recent reforms, the study of different administrations in charge of the sea has pointed out that the dispersed skills lead to the inefficient management of conflicts of use. Solutions are possible to optimize the organization and coordination in the State's policies on maritime affairs. These conflicts are then considered in connection with the regulation of the different activities. Preventing these conflicts of use requires that planned marine activities may be integrated into a management approach of the sea and the coast and improved by more effective tools and better coordination. However, after consultation, the development of European and national integrated maritime policies, applied at relevant scales, provide a better overall shared management of the sea. Finally, the resolution of these conflicts implies that civil society and the courts are more involved in the process and have to specialize
Jaffe, Carbonell Angelina. "Le Vénézuela et le droit de la mer essai de définition d'une politique maritime /." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376144479.
Full textJaffe, Carbonell Angelina. "Le Vénézuela et le droit de la mer : essai de définition d'une politique maritime." Paris 1, 1988. http://www.theses.fr/1988PA010297.
Full textIn the context of the law of the sea evolution, venezuela has adopted some particular positions as a result of considerations of its own particular situation, and more specifically, its delimitation problems. So, venezuela has been one of the four countries who voted against the montego bay convention in 1982. On the other hand, the law of the sea evolution has influenced the definition of the venezuelan maritime policy in an economical point of view, in particular towards the caribbean bassin, where the maritime nationalism is forced to accept a regional cooperation in the future
Perrier, Amandine. "Le commerce maritime grec en Méditerranée orientale et en mer Noire aux Vème et IVème s. av. J.-C." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM3024.
Full textIn this present thesis concerning Greek Archaeology, I undertook to work on the organization of Greek maritime commerce in Eastern Mediterranean and Black Sea during the 5th and 4th century BC. I worked mostly on the trade's nature and intensity occurring in this part of the Mediteranean in this time. In order to carry out my work properly, I established a new catalog of greek shipwrecks, that I then confront with textual, epigraphic and archaeological sources. The careful study of the ship's cargo takes part in a better understanding of the commercial actors, trading network and above all of the importance of Athens at this time
Réhault, Anne-Estelle. "Le naufrage : les conséquences juridiques de l'infortune de mer en France et en Angleterre du XVIe au XIXe siècle." Paris 12, 2002. http://www.theses.fr/2002PA122006.
Full textGuliyev, Khagani. "La Mer caspienne et le droit international." Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA003.
Full textThe Caspian Sea which has become the object of international law since the eighteenth century has never had a clear legal status. This space of which the aquatic nature is not defined was dominated by the Soviet Union until 1991. However, following the collapse of the USSR, the Caspian Sea - now surrounded by five littoral States (Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan) - has re-emerged on the international scene, especially because of its rich natural resources. It is precisely in these circumstances that the question of legal status of the Caspian Sea under international law arose in the late twentieth century. Therefore, it is necessary to form an adequate and sustainable long-term legal regime of theCaspian Sea and to find solutions for the settlement of legal disputes between the Caspian States
Leboeuf, Cédric. "De la surveillance des activités humaines en mer : essai sur les rapports du droit et de la technique." Nantes, 2013. http://www.theses.fr/2013NANT4018.
Full textTruly prospective technique is often at the roots of substantial changes to the law. It impacts on our social environment using legal restrictions to limit physical and moral damages by utilising the advanced technical process. The implementation of a new application, its use and commercialisation, should observe legal norms respecting the numerous and varied arms of law. As one of the structuring elements of society, law is impacted by technique and its application. Enhancing maritime surveillance and tracking vessels is now a priority to prevent and act against harmful damages resulting from maritime incidents. Technical developments lead to better adaptability of systems. It should also surmount the difficulties rising from the disparity of the threats and risk zones. It must be noted that technical innovations present significant advantages in terms of efficiency. The creation, commercialisation and use of any new systems must observe the various legal norms that protect the individual's rights. The law humanizes technique because it limits any misinterpretation of the factual elements and puts in place a necessary safeguard by preventing operational decisions that might violate fundamental rights
Gnoan, Ambroise Kablan Amon. "La sécurité maritime dans les États de l'Afrique de l'Ouest et du Centre." Lille 2, 2009. http://www.theses.fr/2009LIL20007.
Full textMaritime transport, compelling factor of economic development, may also lead to important navigation and the pollution of the maritime environment secutity risks. Such risks can be caused by the significant increase of vessels under standard in developing countries are more likely to hold. Among them there are Western and Central African States. They have legislation for maritime transport, but the texts are modeled on those dating from the colonial era. They are the therefore either inadequate or insufficient to ensure maritime safety. In addition, rare are the IMO conventions that they have ratified. Furthermore, faced with the phenomenon of globalisation, taken separately, West abd Central African States regulations are less effective. Aware of this situation, these States have created the Maritime Organization of Africa West and Central concerned to provide a flat form of cooperation in the field of maritime transport and multimodal transport system to establish a regional maritime transport integration policy States. But these efforts are mainly concentred on the economic aspect of the maritime sector ; maritime safety and pollution prevention have been neglected even though they are issues of vital importance to the International Maritime Organization. This must go through a harmonisation of the rules, in the sub region and the ratification of the IMO conventions
BEN, MANSOUR ABDERRAHMEN. "Les etats arabes et le droit de la mer." Nantes, 1988. http://www.theses.fr/1988NANT4005.
Full textIn parcipating in the restricted number at the works of the first and second conference on the law of the sea, the arab states could only attend passively to rejection of the classic law of the sea. This situation as evolued during the works of the third conference on the law of the sea. In fact the 21 arab states have this time participated actively to the elaboration of the new law, creating in a like manned united group under the gouvernance of the arab league. However this unity is trouved precarious as giver evidence the case concerning the tunisian libyan continental shelf. As for the convention adopted in 1982 in montego bay, it was signed by all the arab states. And as the arab unity was precarious and that era of disillusion has quickly began, the convention was only ratified by six states prouving chiefly the victory of the sea nationalisme even among the arab.
Nguyen, Hong Thao. "Le Vietnam face aux problèmes de l'extension maritime dans la Mer de Chine méridionale." Paris 1, 1996. http://www.theses.fr/1996PA010268.
Full textThe ratification on june 23, 1994 by Vietnam of the United Nations law of the sea of 1982 and its coming into effet since november 16, 1994 requires a new consideration of the vietnamese law of the sea in such way to be in complete conformity with the new international law of the sea standards. Our study deals with vietnam's position concerning legal problems in each of the following sea areas: internal waters, territorial sea, contiguous zone, eez, continental shelf in reference to its adequate and inadequate points, such as the straight line of base layout, the refusal of innocent passage for the warships in territorial sea, historical claism. . Likewise, a thorough inquiry into different maritimes disputes between vietnam and her neighbouring countries regarding its maritime extension policy (in the Gulf of Tonkin, Gulf of Thailand, south China sea, Paracels and Spratlys islands) allows to shed a new light into vietnam's policy in coping with the southeast Asian sea disputes
Langlais, Peter. "Sécurité maritime et droit de l'Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020079.
Full textAs a new level of regulation, European Union law appears both as the product of and catalyst for territorialisation and regionalisation of the governance of maritime spaces and activities. The human, economicand environmental challenges of maritime safety have made its legal order a privileged scene for the confrontation between the liberal traditions of the maritime sectors and the need for regulation by the public authorities with a view to preventing, limiting and compensating damages of any kind that may result from an accident. The European Court of Justice has thus proposed the terms of an unprecedented reconciliation between the traditional principles governing maritime liability regimes as organised by international law on the one handand the new principles of environmental law on the other hand. As a result of European integration, maritime safety requirements are gradually harmonizing at theregional scale, limiting the legislative competition between EU Member States while acting as flag or port authorities. By coordinating the position of EU States in international forums, the European Union succeeds in orienting international law dealing with maritime safety: it thus contributes to temper external legislativecompetition. Without a positive harmonisation in the field of taxation and social protection of seafarers, the convergence of EU Member States law results from an alignment with international practices. Similarly, whereas the commercial attractiveness of its internal market would allow it, the European legislator has so far made limited use of economic incentives. European integration has also led to the creation of a regional cooperation framework built around a dedicated regulatory Agency, in addition to an organisational and functional rapprochement of the national maritime administrations, resulting in a gradual homogenisation of European administrative practices,particularly in the field of port controls, licensing of recognized organisations acting on behalf of the flag State,mutual recognition of maritime diplomas and certificates, etc. This co-operation gives extended application to European requirements, although their singularity in relation to international law remains strategically limited
Salam, Raman. "Le rôle des enjeux économiques dans l’établissement du nouveau droit de la mer à la troisième conférence des Nations Unies en 1982." Nantes, 1992. http://www.theses.fr/1992NANT4005.
Full textThrough out the centuries, thekingdoms, the states and the empires, in that period, only fough amongst themselves in order to obtain land, nowadays, on the ever increasing width of the sea, the powerful countries, like theil smaller conterparts, try hard to project thiers rights on the riches of the sea. The different configurations on marine geology are invoiced by several states tojustify what they called their "natural rights", in order to own the full depth of the sea, above all if they suspect the presence of crude oill. The leaders of this dispute have become even more numerous because the decolonisation has created in increase of smaller countries and islands. The general expansion of the rights of inshore countries on the oceans space results in the advanced technology, of extensive exploration and exploitation, which have made the rules of the geneva convention of 1958 obsolete. The last new-york convention in 1982, on the international maritime law, made legal to "those economical zones" -stated in the above- by creating what is now calls "exclusive economic zones", an area of 200 nautical miles (370 km) in which natural and mineral resources, belong to the rights of the
Grancher, Romain. "Les usages de la mer : droit, travail et ressources dans le monde de la pêche à Dieppe (années 1720-années 1820)." Rouen, 2015. http://www.theses.fr/2015ROUEL025.
Full textThis thesis aims to analyze the functioning of the world of fishing in Dieppe (Normandy) during the 18th century according to three research fields: labor history, environmental history and legal history. It begins with a presentation of the place, the challenges and the sources of this inquiry. It turns out that the labor field was considered as a “commons situation” that was organized by the actors of the community in order to take possession of the sea resources, in which the admiralty jurisdiction played a key role. It was indeed invested by the fishermen themselves with respect to regulation, certification and legitimization. In the second part, the comparison between petitions or check registers and small claims court reports, provides us with an insight into fishing as an activity regulated by practice, rules and institutions that were recognized by the people from that community. We then examine how fish resources were being concretely owned with a study of the transactions engaged by sailors, skippers and ship-owners’ associations according to a share system. Finally, we see how sea resources were being organized during two different time periods where regulation was very important: between 1720 and 1730, and during the Bourbon Restoration. The analysis of those various controversies – of use, interest or expertise – allows us to understand how laws intended for a general use apply to the specific situations in local communities. This work intends to highlight how norms are created and how they become rules in the Ancien Régime society, where the normative systems are not only concurrent, but also heterogeneous
Bertoletti-Lubin, Marie-Eugénie. "Limites et frontières en mer Méditerranée." Paris 1, 2001. http://www.theses.fr/2001PA010324.
Full textEbert, Chloé. "Le régime juridique des immersions en milieu marin." Aix-Marseille 3, 2007. http://www.theses.fr/2007AIX32073.
Full textPollution resulting from dumping operations is ruled by various international texts of which contents has been transposed for most of it in our internal law. The subject of the present study is to set out the legal system of dumping as it results from all these texts. In this perspective, it has been necessary to define first the operation of dumping by determining the action from which it results on the one hand, the substance which is the object of it on the other hand. So it has resulted from this, that the operation of dumping supposes a voluntary action, of which the aimed finality is to eliminate a substance, which will be susceptible to have a harmful effect on the marine environment in which is dumped. The legal nature of the operation being ascertained thus, the study of its conditions showed an important evolution of its legal system. At the beginning the operation could be authorized from the moment the substance which was to be dumped was not expressly mentioned by the texts. However as the evolution of the environmental law went on and notably as certain principles raised to the status of fundamental principles appeared, the tendency has been reversed. The operation will be forbidden, unless it relates to certain substances exhaustively listed by the texts, and within certain precise conditions which will have to be abided by
Pieratti, Gertrude. "Responsabilités et atteintes à l'environnement marin : bilan critique et perspectives." Corte, 2003. http://www.theses.fr/2003CORT1026.
Full textDamage to sea environment are caused by marine accidents, the numbers of wich have not dropped off but actually are on crease, for the sea lovers'harm. The concern for sea conservation has grown from the following observation : the impending danger of pollution brought about by hazardous fright sea-carriers. There are precedents, we have known several shipwrecks such as the "Torrey Canyon" in 1967, the "Braer" in 1972, the "Boelhen" in 1976, the "Amoco Cadiz" in 1978, the "Exxon Valdez" in 1989, the "Erika" in 1999 and many others. Recently, the "Ievoli" and "Prestige" incidents relaunched the controversy over the polluters' liability as well as over the unimportant of compensation when oil spills occur. Ship owners are presently charged with full right liability, according to the Nov 29th CLC - International Convention on liability for oil pollution damage and the May 3rd SNDP Convention (not in force) on liability and compensation for damage in connection with carriage of hazardous and noxious substances by sea. Oil spill compensation damage involves organisms such as insurance companies and compensation funds. Amidst compensation funds, the FIPOL created in 1977 an international fund for damage linked to oil pollution. This incited the creation of the SNPD fund for hazardous and noxious goods. Some funds were abolished though fundamentally involved in taking into account damage and pollution victims' reparation. Nowadays, liability socialization reached its limits seeing that payment amount and range are satisfactory. Traditional liability applied to pollutters does not lead to a long term efficient solution when sorting out problems of sea environment damage. Liability laws plans to broaden polluters responsability through enforcing the precautionary principle. The precautionary principle would represent a new guideline for liable sea world conservation. The precautionary principle is nothing but a principle aiming at a long term development where sea environment will be of outmost importance. This work of doctorate is to prove how liability and traditional compensation for oil or hazardous and noxious substances failed. It intends to propose study, how stopgap measure, the precautionary principle introduction in liability laws and to enforce this principle to oil pollution. Liability laws may certainly represent an answer prelude for sea pollution issues
Larabi, Djamila. "L'harmonisation du droit des transports maritimes en Méditerranée : contribution de la coopération institutionnelle à la "lex mediterranea"." Thesis, Bourgogne Franche-Comté, 2018. http://www.theses.fr/2018UBFCB003.
Full textThe purpose to seek a possible harmonisation of the maritime transportation/transport law is based on a purely economic interest. The idea is to enable the establishment a Mediterranean trade. Indeed, it doesn't mean to establish a common legislation/law between 43 countries of the Mediterranean Union, in order to bring their legal system closer. Though, the real purpose is that the implementation of the harmonisation of the maritime transportation law, will enable to anticipate/foresee the obstacles barriers, the disparities, the gaps to implement a common market. What might be those obstacles/barriers? They are the customs duties (or tariffs). So can we admit or predict the unification of the (sea) shipping, having an impact on the euro-Mediterranean trade? It really seems that we can harmonise it. In effect, the shipping is akin to a tool (to enhance) for the free movement of goods/ traffic of products in a common set of goals. In fact, the shipping is a tool to enhance for the free movement of goods. By the way, isn't it already a harmonised field/area between these countries? Be aware, it is undeniable that before the establishment of the Union for the Mediterranean, there were also many conventions (agreements) and organisations promoting a possible harmonisation in this area
Mensah, Tchotcho Séenam. "Le régime juridique des pêches maritimes dans les Etats riverains membres du comité des pêches de l'atlantique centre-est (COPACE)." Nice, 1986. http://www.theses.fr/1986NICE0014.
Full textShortly after the december 1982 signature of the montego-bay convention about the law of the sea, the hope of developing national marine fisheries appears along with the consecration of the notion of exclusive economic zone. Therefore, it seems advisable to analyse the dispositions taken by the states (chiefly concerning development) to ensure inshore fisheries national exploitation. Starting from the national legislations about fisheries, this study tries to analyse whath has been done and what will have to be done in the cecaf region in order to give a real impulsion to the developing of fisheries. The appreciation of the national policies concerning development and the attempts to reorganize the fishing sector is elaborated according to an institutional approach : either the state on one side has the power to manage fisheries with efficiency; or on both sides, the management of marine fisheries expresses a new solidarity at the international and regional level. The national strategies will be evaluated the later on; but they already show that african governments want to make rational halieutic exploitation, the new lever of their national economic development
Loonis-Quélen, Guillaume. "Piraterie et gardes armés : l'articulation du droit français avec la Convention du travail maritime, 2006." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D093.
Full textWhat characterizes the present Doctoral thesis in Law is, first of all, its purpose of social utility. It is also a research focused on technical aspects along with an interdisciplinary perspective. Through the prisms of International Law and European Law, it is necessary to question the attractiveness of French Law in the face of contractual professional practices oriented towards arms control and globalized economic interests. The study provides accurate data on the incidence of maritime piracy as well as concrete information on private maritime security activities. It also the relevant institutions and relevant national and international regulations. Thereafter, it deals with pirates and armed guards while equating the regulated profession of armed guards with the status of seafarers. Lastly, the study deals with the most relevant minimum requirements for seafarers to work on a ship and the conditions of employment. This unpublished research required the author’s use of various casquettes including that of PhD candidate, legal consultant and UMMU president. The study has been presented at meetings organized by UNCTAD, NMIOTC, the French National Assembly, IRSEM and the European Association of Lawyers. It also required having access to the port of Galle in Sri Lanka, the IMB in Malaysia, the ILO, the IMO and the Representation of France to said organization, as well as to the Paris Court of Justice, the General Secretariat for the Sea, the CNAPS, the Ministry of Ecological and Solidarity Transition and the MICA Center. Lastly, it was supplemented by the observation of a professional training program of agents proposed by the Surtymar company. The results of the study show in particular the following: France is the only State to recognize armed guards as seafarers; the absence of representation of such workers does not allow the emergence of social dialogue; the GUARDCON standard contract takes precedence over French Law, which is nevertheless applicable; Flag State and Port State controls would be difficult to achieve; in the field of social security, agents should be attached to French Law (law of the Flag State); in individual employment contract matters, conflict of laws and jurisdiction rules are difficult to apply; detection of drugs is feasible through the medical check-up and aboard the ship as part of the labor jurisprudence; by the end of 2020, France should have incorporated in its national legislation the concept of “armed robbery against a ship”. This study highlights the importance of eliminating zones of legal uncertainty, establishing a social dialogue among workers, employers and their government and respecting the legal and regulatory framework for the private armed vessel protection activity so that it extends efficiently from the struggle against piracy to that against terrorism
Wu, Chao. "La pollution du fait du transport maritime des hydrocarbures : responsabilité et indemnisation des dommages." Paris 10, 1994. http://www.theses.fr/1994PA100036.
Full textThis thesis is divided into two parts. Part I can be regarded as an answer to the question of "WHO pay" in case of an oil pollution from ship. It analyses both the system of CLC-FC and the system of TOVALOP — CRISTAL. By making a comprehensive study of the international system of compensation it reveals the fact that the two Conventions, as modified by the 1992 Protocols, will be the best and the only issue which can provide the victims of pollution with an equitable indemnification. Hence part II relates to the obstacles that might prevent the Conventions from being applied efficiently. The first one is extrinsic: the independent existence of the American system of compensation reduces enormously the efficiency of the Conventions. The second one is intrinsic: because of the radicalism of the United States law in this matter, the question of "pay WHAT" becomes imminent: it must be clarified that which sort of damage by pollution can be indemnified within the international system of Conventions
Souza, Pascal de. "L'indemnisation des préjudices économiques liés à la pollution maritime par les hydrocarbures." Nice, 2004. http://www.theses.fr/2004NICE0055.
Full textThe law's development of the civil liability and the compensation for economics losses for oil pollution damage of the sea those suffered by victims, is marked by the great maritime incidents as : Amoco-Cadiz, Erika and Prestige. So, to fill the gap in international law and because there are a lot of national laws to cover it, 1969 is the beginning of the international law's system. So, the international convention on civil liability for oil pollution damage of 1969 which laid the shipowner's liability as a princip. In 1971, the international convention C. 71 has established an international Fund for compensation for oil pollution damage. It's an international two-degree compensation system. This system is completed by a private system : TOVALOP and CRISTAL agreements which are ruled out nowadays. The C. L. C 1969 and the C. 71 were revised by protocols in 1992 to improve them. But the international system has always keeped those weaknesses and those inefficiencies for intrinsic : - the limitation of compensation for loss ; the limitation of the range of the subjects ; the exception of environmental damage compensation; the limitation of the civil liability of the shipowner – than extrinsic reasons: the adoption of OPA 90 by USA. Those inefficiencies must be compensated by a new international system which must establish a fragmented liability. So, the liability for all the involved actors of oil transport should be set up. This new system could accentuate limitation of compensation for loss ; must attach the slightest value to environmental damage approving pure economics losses as recoverable and by application of the principle of the " polluter – pays "
Neri, Kiara. "L'emploi de la force en mer." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30076.
Full textContemporary international law is facing a great challenge: ensuring both the security and theliberty of the oceans while unlawful or hazardous activities at sea are constantly increasing.The study takes its place within this challenge and tries to shed light on the issue of the use offorce at sea in order to combat these activities. It lies within the framework of thedevelopment and the enforcement of police powers on the maritime zones and attempts to putforward the ambivalence of the international police relating to the sea. The ambivalence ischaracterized by a couple of juxtapositions, both between the object of the use of force at sea(private unlawful activities or States’ unlawful acts) and between the actors in charge of thestruggle for the safety of the oceans. It results in two distinct but closely linked dialectics. Thefirst, international police at sea and international police of the sea, relies on the actors of theunlawful acts and determines the relevant body of rules. The second, decentralized andcentralized use of force, emphasizes the increasing need for a global and shared managementof the breaches of the legal order of the sea
Shahin, Hawash. "Les problèmes des routes maritimes en droit international à l'époque moderne." Rouen, 1993. http://www.theses.fr/1992ROUEL152.
Full textSea routes are indispensable for commercial exchanges at an international level. The freedom and security on these routes are of interest to all nations. In international sea law, the freedom of navigation varies from one area to another according to the legal system applied in these areas and it has known political and strategic problems particularly in the sea areas that are under the national jurisdiction of the coastal states. The safety of sea traffic requires setting up international sea routes to improve safety for boats and their crew as weil as the prevention against pollution that may lead to serious accidents. Sea route problems can only be solved by international cooperation to maintainfree traffic both in peacetime and in case of armed conflicts
Agrebi, Meriem. "Le cadre juridique contemporain de la lutte contre la piraterie maritime." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA019.
Full textNeither the crime of piracy nor its repression are recent. The upsurge of this ancient form of criminality underlines new aspects which call the readaptation of the legal rules governing its repression. In addition to its traditional regime, new rules were consequently developped, reflecting contemporary modes of normative production and incorporating the action of non-State structures and actors. Because piracy is not exclusively a legal issue but rather encompasses several broader structural problematics, the fight against piracy requires on the other hand a global and comprehensive approach. This approach associates short-term security and judicial aspects, as well as long-term strategies going beyong simply containing piracy as a transnational threat to maritime security to ensure further stability
Happi, Alvine Bélise. "Les autoroutes de la mer : aspects juridiques." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010293.
Full textWith the prospect to achieve the European single market, liberalization of various sectors in Europe including transport in the 1990s decade, leads to the development of different means of transport and the increase of road transport activities, certainly with real benefits such as economic development, competitiveness and employment; but also serious drawbacks : congestion of highways and increase in C02 emissions. Encouraging intermodality and promote the development of road alternatives, adjusting the balance between means of transport, is considered as one of European Union key priorities. Under the auspices of 2001 White Paper European transport policy, Motorways of the Sea concept were insufficiently informed, and currently, looking for his own way. Nevertheless they do present essential characteristics: both transport infrastructures and services, Shipping line services which are regular, frequent and of good quality , inbound to two or more sea ports to at least two states member of European Union. From the new European transport policy, they meet the requirements : road safety, sustainable development, safe environment, promoting growth in European Union internal market. However, the absence of an initial legal status applicable to the Motorways of the Sea has a real impact on the emergence of this concept, which evolves by adapting to new constraints, raising many challenges. The current mixed picture of Motorways of the Sea in Europe raises questions about the prospects for their sustainability. Our focus is directed towards two key legal aspects. On one hand the real impact of the absence of an initial legal status on the emergence of motorways of the sea and the funding mechanisms that accompany it. On the other hand, the determination of legal framework favourable to the development of Motorways of the sea which will contribute to a better integration into the global Supply Chain and emerge as truly sustainable alternative, credible and effective to the integral road transport
Gasmi, Mohamed-Hédi. "L'action normative de l'organisation maritime internationale (O. M. I. )." Paris 1, 1995. http://www.theses.fr/1995PA010261.
Full textToday, normative action of international maritime organization (I. M. O. ) can be interstood through an extended conception of the global process. This process includes graduelly three stades : the stade of conception, the stade of realization, the stade of execution. At the level of conception, I. M. Om has modified its structures and affirmed its cometences so that it can be adapted to new international situations. At the level of realization, I. M. O. Elabores, revises I. M. O. International conventions and cooperates with other international organizations. At the level of the execution, I. M. O. Practices a normative technique an enforces its regional cooperation to facilitate the application of the I. M. O conventions
Le, Couviour Karine. "La responsabilité civile à l'épreuve des pollutions majeures résultant du transport maritime." Bordeaux 4, 2005. http://www.theses.fr/2005BOR40038.
Full textEl, Khatib Kassem. "La réunification du droit du transport maritime de marchandises : mythe ou réalité?" Paris 1, 2008. http://www.theses.fr/2008PA010302.
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