Dissertations / Theses on the topic 'Équité (droit international)'
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Atcho, Kodjo Eklou. "La notion d'equite en droit international economique." Paris 5, 1991. http://www.theses.fr/1991PA050001.
Full textMany references are made to the notion of equity : equitable power of the international tribunals, equitable share of the market, just and equitable share, equitable compensation etc. . . What is then the meaning and the scope of the notion? equity means the rule of law and is applied as such. It also constitutes a factor of equilibrium between the parties to a dispute, the quality of the rule of law applied. Finally equity is understood as a principle of justice in cases of silence of the positive contingent law. As a factor of equilibrium and progress, equity is plenteously referred to in the formulation of new legal norms with the task to promote economic development through the establishment of a new international economic order. Through the establishment of a new international economic order. 1) the correction of a prejudice ; 2) the quality of the rule applied in order to achieve an equitable solution, i. E. An unaberrant result ; 3) the taking into consideration of the economic capability of the parties to a dispute * as such the payment of an equitable compensation has been substituted to the demand of an integral compensation
Dinu-Bakos, Monica. "L'équité en droit pénal substantiel." Thesis, Nantes, 2016. http://www.theses.fr/2016NANT3029.
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Kholti, Abdennaceur. "Recherches sur la notion de légitimité en droit international." Nancy 2, 1991. http://www.theses.fr/1991NAN20013.
Full textLegitimacy - setting generally the problem of the "foundation" and the obligatory nature of the law - has always occupied a limited place in the legal analysis mainly because of its legally non - defined character. On the other hand, if, in the internal law, the problem of the legitimacy seems to find a solution in the existence of a higher organ liable to bring about the necessary meditations between the controls on legality and the appreciations on legitimacy, the situation is different in the international law in the sense that the states - main subjects law avail themselves of various legitimacy likely to lead to conflicts un case of need to appraise legal and political situations. This situation is manifest in the classic international law where legitimacy has always been considered as a property of the internal order of the states. But this apparent neutrality of the international law with regard to every model of legitimacy, is basically explained both by the appropriateness between legitimacy and legality, and the pre-eminence of the principle of effectiviness. Moreover, the changes which took place in the international society - materialized by the action of the newly independent states will break up this block of validity, by dissociating legitimacy and legality, and will thus call for a new legitimacy
Fouletier, Marjolaine. "Recherches sur l'équité en droit public français." Poitiers, 1999. http://www.theses.fr/1999POIT3010.
Full textGaudin, Anne. "L'équité et les délimitations maritimes et terrestres en Afrique." Bordeaux 1, 1993. http://www.theses.fr/1993BOR1D013.
Full textThe african continent is an exemple of problems of integration or equity in law and specially in international law. Maritime delimitations in africa are based on equity, through an autonomous corpus of equitable principles elaborated by the judge. African states have restrained the use of equity for terrestrial boundaries by the adoption of the rule of territorial statu quo. However, the difficulties of application of the uti possidetis principle have lead the judge to a still restrained use of equity
Gervier, Eric. "Étude sur la notion d'équité et ses implications dans le partage des ressources et des espaces en droit international." Paris 1, 1998. http://www.theses.fr/1998PA010314.
Full textEquity is one of those higher notions whose objective is to give effect to an ideal of justice. To this end, it assumes a close relationship with values such as morality, as well as principles transcending positive norms such as those of natural law, in order to give a human touch to the general corpus of written rules. As a result, equity may sometimes be seen as an extra-legal notion emaning from a set of ethical rules (equity extra legem), while at other times it may be understood as an instinct, intuition, inherent in human nature, whose purpose is to interpret the systematic and formal demands of the law (equity infra legem). But in every case, its influence can only be felt in relation to the law, in its connection with the law, in helping to develop or bend an abstract principle and correct or mitigate the strictness of its application, as appropriate. Focused on international practice, these complexions of equity are apparent in areas such as the allocation of common human resources, as well as in the area of boundary disputes. The former inspires the development of norms in a way that suggests a content which is in keeping with the aspirations of common social justice. The latter combines all its skills in composing, completing or supplanting an insufficient, inappropriate or injust normative context, or more simply in adapting it to real life situations, if it turns out to be too general, albeit judicious
Todorova, Marieta. "L'interdiction d'abus des droits fondamentaux." Electronic Thesis or Diss., Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Full textThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Todorova, Marieta. "L'interdiction d'abus des droits fondamentaux." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10009.
Full textThe concept of the abuse of the right is spread in most disciplines. This prohibition is, not only, present in several legal systems, but it can also be found in the principal instruments of the protection of human rights and fundamental freedoms. Nevertheless the specificity of this branch of the law and the particular nature of the concept of the abuse of right impose the difficult issue of the compatibility of every clause prohibiting the abuse of right and the philosophy of the fundamental rights. Therefore, this interrogation requires raising the challenge of its identification in the fundamental rights area, and the challenge of its conceptualization.The identification of the abuse of the fundamental rights is problematic, since that, we are facing a notion with undetermined content revealing its plasticity and its malleability. These characteristics have the effect of integrating, in the positive law, a controversial concept, unstable and at the same time mobile and confused, they also impose the determination of the elements that contribute to the definition and the clarification of the application field of the prohibition of the abuse of the fundamental rights. The abuse of the right conceptualization can be built if we head from the basic role, that it is managed to assume in the fundamental rights area. The prohibition of abuse of fundamental rights appears to be an important element of fundamental rights legal system, whose custom has to remain exceptional, allowing not only to regulate the exercise of the individual rights but also to defend the essential values in their protection process, and in particular those inherent to every democratic society. The prohibition of abuse of right ensures the coherence and the fullness of fundamental rights legal system
Merlin, Claire. "L'équité dans l'ordre juridique international." Thesis, Aix-Marseille, 2020. http://www.theses.fr/2020AIXM0013.
Full textAlthough "it haunts the law since its origins," it is still difficult today to specify the content of equity and understand its relationship with the law. Present in all branches of law, it plays a decisive role in International law. Indeed, International law, remains one of the elective lands of equity. Based on an analysis and accurate mapping of equity in the International legal order, we will show that equity is a transversal, marginal, singular and complementary concept of law in the International legal order. The research allows us to sketch out a typology of equitable concepts. The typology outlined highlights a three-fold conceptual, processual and functional unity of the notion of equity within the International legal order. This three-fold unity allows equity to ensure the balance of the International legal order with the law by managing exceptional situations. Law and equity are indispensable to each other. They work together to ensure a balanced International legal order. Elastic concept, legal standard, the elements of unity in the conducted research question the existence and relevance of a general principle of equity within the International legal order
Heisten, Laurent. "De aequitate in delimitatione maritima : l’équité dans la délimitation maritime : essai sur une théorisation de la jurisprudence internationale en matière de délimitation maritime équitable." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100196/document.
Full textSince the first decision related to the delimitation of the continental shelf and the exclusive economic zone, the international jurisprudence is founded on the concept of equity. The international jurisprudence has progressively developed rules governing the equitable maritime delimitation, which can be classified in four categories of norms: the fundamental norm requiring the adoption of an equitable result, equitable principles, delimitation methods and relevant circumstances that contribute to adapt the provisional delimitation line on the concrete circumstances of the case. All those rules should contribute to the adoption of an equitable result.The rules mentioned above acceded progressively on normativity, which permits to distinguish four degrees of normativity in the evolution of the law applicable on equitable maritime delimitation. On degree zero of normativity, law was reduced on the fundamental norm and, thereafter, equitable principles and delimitation acceded on normativity. Their normativisation permits to distinguish between the first and the second degree of normativity. The superior degree of normativity is qualified by the normativity of all delimitation factors, even the relevant circumstances.The determination of these rules is based on the idea of equity. As the fundamental norm requires this equity, it should be called juridical equity. It is an autonomous tool, which completes the law applicable on maritime delimitation. Through the progressive development of the law, juridical equity (aequitas iuridicia) looses its influence and is replaced by equity that is a part of the norms (aequitas elementum iuris). This one guides the interpretation of the delimitation norms in order to obtain an equitable result. An abundant juridical practice has contributed to this evolution characterised by the rejection of juridical equity
Pineau, Carine. "Le procès équitable devant la Cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1011.
Full textWhile the right to a fair trial should be at the heart of any democratic society, this requirement has an axiomatic significance in a court dedicated to the fight against impunity and the protection of human rights, such as the International Criminal Court. In view of the few judgments rendered in over ten years of this permanent Court's existence, this study might seem somewhat premature.Rather, this analysis purports to shed light on the diverse nature of the Court's activities and the unique character of its procedures. Enshrined by the European Court of Human Rights, the right to a fair trial is expressed in the form of regulations that govern not only the relationships between the parties, but also the interaction of individuals with the Court. The concept of the right to a fair trial may be familiar to legal experts trained in different legal traditions. Still its interpretation is fraught with challenges that are new and specific to this permanent Court. The structural and normative hybridity of the ICC will inevitably influence not only the treatment of this concept, but also the unique interpretation that this fundamental right deserves. Against the backdrop of the innovative nature of this Court, it would be remiss of the author of this thesis not to consider the right to a fair trial through the unique prism of the victim, the new face in the trial. Often excluded from the judicial debate on the fairness of the proceedings, this analysis will nevertheless endeavour to place this stakeholder back in the heart of the concerns over the conduct of a fair trial
Chouchane, Oubaïda. "Advances in Privacy Preservation and Fairness Assessment for Voice Biometrics." Electronic Thesis or Diss., Sorbonne université, 2024. http://www.theses.fr/2024SORUS132.
Full textThis thesis explores the importance of strengthening compliance with regulatory frameworks like the European General Data Protection Regulation (GDPR) in relation to data privacy and fairness in the field of voice biometrics focusing specifically on Automatic Speaker Verification (ASV). Through the use of cryptographic techniques, data perturbation methods and disentangled representation learning techniques our research aims to protect individuals privacy by effectively safeguarding sensitive attributes. Additionally our study assesses the fairness of ASV systems to identify potential disparities in outcomes. This assessment lays a foundation for developing systems that not only prioritize fairness but also adhere to regulatory requirements promoting a balanced approach to privacy and fairness, in voice biometrics technology
Ngalima, Bernadette. "Le traitement des parties dans le contentieux international des droits de l'homme : vers la recherche d'un équilibre procédural." Thesis, Artois, 2016. http://www.theses.fr/2016ARTO0301.
Full textAt a time when people think that the procedural law is the one that guarantees the effectiveness of international human rights law, it is interesting to measure the truly place given up to the individual in the trial vs. the State. This thesis is based on the judicial practice of international’ s human rights organizations try to demonstrate the difficulties of these supranational institutions to treat the individual applicant and the respondent State equally as asked by the rules of fair trial. Instead of an essentially formal equality implies no differentiation between the parties, their mission requires them to look naturally, substantive equality. That is why it has been recommended to focus on the equity that has its place in international litigation of human rights. This is more justified because the configuration of the international society, the nature of the international law of human rights and the legal formalism impede a greater protection of the human. This thesis has been the opportunity to revisit the issue of the search for balance between the parties in international litigation of human rights which means at first the balance of procedural statutes. Despite an improvement in the procedural position of the individual, it must be admitted that there are still gaps in the protection available to it. This has led to the conclusion that in the field of protection of human, the most important thing is the humanization of law
Von, Mühlendahl Paul. "L’équidistance dans la délimitation des frontières maritimes. Etude de la jurisprudence internationale." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111011.
Full textThe delimitation of maritime boundaries is of utmost importance for many states, whether on a symbolic, cultural, strategic or economic level. Nevertheless, international treaty law is at best largely ambiguous, at worst entirely silent as to what the precise methods for resolving possible disputes that might surface during the delimitation process are. Confrontedwith these ambiguities and silences, but also with incoherent state practice devoid of any opinio juris, it is primarily from their own vision that international jurisdictions have drawn the equidistance/relevant circumstances rule, according to which, regardless of the maritime zone concerned, including the extended continental shelf, and regardless of the coastalconfiguration, every decided maritime delimitation begins with the establishment of a provisional equidistance line. This line can later be modified in a second phase of the delimitation to take into account the particular circumstances of each case. In spite of the unequivocal and – a premiere in the history of the Court – unanimous consecration of theequidistance/relevant circumstances rule by the ICJ in the Delimitation in the Black Sea case in 2009, numerous unsettled areas and technical difficulties remain in the delimitation process, notably regarding the risk of too great a degree of subjectivity, if not arbitrariness, particularly regarding the choice of the base points and the role to be played by proportionality. Likewise, in order to guarantee a smooth “materialisation” of the border on the “ground”, a close collaboration between the jurist on the one hand and the cartographer, geologist, hydrologist and geographer on the other hand is indispensable
Ngouadje, Maliendji Diane. "Le standard minimum du traitement juste et équitable en droit international des investissements. Essai sur une technique conventionnelle de régulation substantielle." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020081.
Full textAl, Amer Munira. "L'égalité entre époux : étude comparative : Droits français, qatarien, saoudien et tunisien." Thesis, Strasbourg, 2019. http://www.theses.fr/2019STRAA015.
Full textThis comparative study proposes to analyze how equality between spouses in Saudi Arabia, France, Qatar, and Tunisia is apprehended at the time of marriage, during marriage and at the time of dissolution. Despite an overall agreement that presents in the affirmation of symmetrical equality between spouses on the theoretical level, the application of this principle is limited - to a different extent in different countries - by discriminatory provisions against wives, restricting their right to equal liberty and equal dignity
Nguyen, Thi Hoa. "Les procédures de règlement des litiges en matière de construction appliquant les contrats-types FIDIC." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020095/document.
Full textThe subject of this thesis deals with international construction dispute settlement procedures stipulated in the FIDIC standard forms of contracts under which disputes between the parties to these contracts may be settled by the Engineer, the Dispute Adjudication Board (DAB), the amicable mechanism and arbitration.From the standpoint of law, these procedures are favored. However, there is a limit under French law. This limit lies in the fact that French law distinguishes, after handing over of the works, between two kinds of - legal and contractual - responsibilities of the contractor towards the employer. In this way, the contractual procedures do not apply to disputes relating to correct defective works which are relevant to legal liability of the contractor, which does not exist in English and Vietnamese laws where the contractor is only responsible towards the employer for damage to the work under the contract and so disputes between them has to be settled by the contractual procedure.In application of the contractual procedures, attention should be paid to the implementation of the decision from these procedures. On this point, the arbitral nature of DAB’s decision must be considered so that it can be rapidly enforced. In addition, in order to make these procedures effective in practice, we also propose that the FIDIC should modify certain points of the “claim, Dispute and Arbitration” clause.As far as arbitration is concerned, in the actual context, it is no longer correct to think that ex aequo and bono arbitration and arbitration in law are only an alternative but we can combine them for the purpose of previous fairness arbitration and subsequently the arbitration in law. In the absence of the parties' agreement on the rules of law to be applied by the arbitral tribunal, the tribunal shall assume the powers of an amiable compositor. Apart from this problem, we also seek a new basis for recognizing the precedent value of the international arbitral award according to which the right of the parties as well as arbitrators to refer to the solution of a previous award in the similar case is recognized when the conditions to apply a precedent are met. In addition, attention should be paid to the determination of the jurisdiction of the arbitral tribunal towards the third-party non signatory to the arbitration clause. Finally, the setting aside of the award lead ipso facto to nullity of the arbitration clause as in Vietnamese law is an inadequate provision of the law that requires modification
Vasquez-Faucheux, Hilmer. "Les contributions de la pratique de l'arbitrage d'investissement en Amérique latine au développement de l'arbitrage international." Thesis, Paris 9, 2015. http://www.theses.fr/2015PA090062.
Full textSince 2001, Latin American Countries have actively participated in investment arbitrations administered by the International Centre for Settlement of Investment Disputes (ICSID). Because of that the way to arbitrate in this Centre base itself on a great number of Latin American affairs which helped to delimit the procedures and endorse some practices linked to the very founding principles of arbitration.The procedure of arbitration has been improved by Latin American affairs, by example with the help of the Amicus Curiae, which is the participation of a third party to the arbitral process. This innovation shows how much these questions of public interest are important for the populations concerned.The multiple juridical standards inserted in the investment agreements have often been brought forward by the investors in order to see the responsibility of some countries engaged in an international way. Arbitrators have been able to emphasize on the inaccuracy of some of these standards, such as the the fair and equitable treatment.Different ways to measure the elements of an affair have been brought to light by the tribunals. Two of them are present in the case of Latin American affairs: the compliance with the juridical framework stability and the protection of the investor's legitimate expectations.Latin American countries did take action differently in front of the arbitrations brought to the ICSID which was criticized for its lack of legitimacy and for its decisions in a great number of cases against these countries. Some countries renounced the international treaties giving the ICSID its arbitration rights and created a new arbitration center on the continent capable of giving a ruling in the matter of investment affairs. In spite of this the arbitral decisions and the arbitral awards in the Latin American context should be able to be inspirations for the future of arbitration
Pellefigue, Julien. "Théorie économique de la réglementation des prix de transfert." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020047/document.
Full textThe prices of the transactions set between subsidiaries of a multinational corporation are usually called « transfer prices ». The dissertation deals with the normative questions raised by the regulation of such prices, particularly the optimal way of distributing the profit of a multinational between its subsidiaries. The dissertation first shows how the transfer prices regulation can influence corporate production and investment decisions, thereby impacting worldwide welfare. Based upon these results, the objectives that an international benevolent dictator would pursue through such a regulation are then identified. This program allows for the sketching of an optimal transfer prices regulation, which relies strongly upon the inter-nation equity concept, and which application would grant each subsidiary its Shapley value in a certain game. The dissertation also makes a contribution to the current debate by proposing a protocol to compare the arm’s length principle with the formulary apportionment method
Önder, Beril. "The European court of human rights and gender equality : exploring the potential of article 14 ECHR and protocol no. 12 article 1 for achieving substantive equality." Electronic Thesis or Diss., Strasbourg, 2024. http://www.theses.fr/2024STRAA002.
Full textThis thesis carries out a critical analysis of the sex-discrimination case law (Article 14 ECHR and Protocol No. 12 Article 1) of the ECtHR from a substantive equality perspective and in light of relevant best practices of international human rights law.This research reveals that the Court’s case law under Article 14 and Protocol 12 Article 1 has adopted a more substantive interpretation of gender equality in recent years, although it still has some important shortcomings and inconsistencies. In light of the criticism from legal scholars and in light of the developments in international human rights law the Court could still develop its case law and address its own shortcomings to contribute more to substantive equality between men and women
Sabil, Mariem. "L’autorité renforcée des accords multilatéraux sur l’environnement : essai sur la nature, la place et la fonction de la procédure de non-conformité." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30106.
Full textMultilateral agreements on the environment are generally characterized by their normative authority diminished because of the difficulties for states to ensure their effective implementation and efficiency. The non-compliance procedure, for the first time experienced by the Montreal Protocol on Substances that Deplete the Ozone Layer and extended since then, attempts to provide appropriate solutions to the peculiarities of this branch of public international law.The study of its development, its evolution and sophistication through its nature, its place and function and to determine whether this technique helps to strengthen executive authority of multilateral environmental agreements
Wanda, Koumga Francine Josiane. "L'exploitation des ressources halieutiques dans les eaux internationales : équité et protection de l'environnement." Thèse, 2017. http://hdl.handle.net/1866/20392.
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