Dissertations / Theses on the topic 'Étrangers – Statut juridique'
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Tropini, Julien. "Le statut juridique des "combattants étrangers" en droit international." Doctoral thesis, Universite Libre de Bruxelles, 2020. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/305601.
Full textWhat do George Orwell, André Malraux, Davy Crockett and Osama Bin Laden have in common? This question might be surprising to some. How to find a common trait between the author of Animal Farm and 1984, the French resistance former minister, and the elected representative of the United States congress rooted in popular culture? Especially, if they are to share it with the former leader of Al Qaeda.Like thousands of others, they were "foreign fighters". In different times and to defend different causes, they undertook a journey which led them to take up arms in foreign wars. This historic phenomenon underwent a new legal turning point the last decade through the flow of thousands of foreigners who joined one of the belligerent parties in Syria and Iraq. To address this threat to international peace and security, the United Nations created the legal term of “foreign terrorist fighter”, subjecting these foreigners in armed conflicts to provisions in international counter-terrorism law. However, this status suffers shortcomings, which make it impossible, in particular, to differentiate between an international terrorist, an international volunteer, a member of an organized armed group or even a combatant of a state armed force. Today, George Orwell, André Malraux and Davy Crockett would probably be considered as "foreign terrorist fighters". In addition, the application of such status to identify actors of armed conflicts is in opposition with some rules of international law. Finally, to determine the correct legal status of "foreign fighters", to identify them and thus regulate their activities, including their terrorist acts, it is to the rules of international humanitarian law that we must turn. Even when qualified as “terrorists”, "foreign fighters" are already identified by the status of the law of war.
Doctorat en Sciences juridiques
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Benzebouchi, Abdelhak. "Le statut juridique des travailleurs algériens en France." Toulouse 1, 1986. http://www.theses.fr/1986TOU10004.
Full textThe presence of Algerians workers in France involves the research of their juridical, economic, social and cultural status. The elaboration of this status could be a solution to the problem of existing situation of juridical inferiority of the Algerians workers in France. This juridical status could be articulated around new international laws of equality. Because it is always the same process: north states are users of migrant workers and south states supply them
Jemmah, Imane. "Le statut juridique de l'homme d'affaires étranger au Maroc." Perpignan, 2006. http://www.theses.fr/2006PERP0717.
Full textFerré, Nathalie. "Les contrôles d'identité au miroir des étrangers." Paris 10, 1993. http://www.theses.fr/1993PA100098.
Full textPolcie identity control were first defined in the French criminal proceedings code when the security and freedom law of February the 2nd, 1981, was passed. Before then, the police was only entitled to carry out such controls during criminal enquiries. Since this law was passed, the articles 78-1 to 78-5 of the French criminal processings code were often modified. Judicial review of police practices underlined that they mainly aim at spotting foreigners in an illegal position. The Cour de cassation, the highest French court, had to define the legal relation between identity control and conditions of stay control. Foreigners are under special scrutiny, whose mainstay is the possession of a leave to remain in France. This leave, which was first implemented in the 19th century, is the proof that they have been admitted on the French territory. Foreigners have a very close link with this document, wich they always carry with them. It is the permanent sign of their foreign character. Failure to show their leave if requested during identity control will cause them to be deported. French nationals are under no obligation of having an identity card, but some categories, such as petty offenders, are submitted to specific identification system. Accurate identification instruments are a risk for personal freedom when controlled by the state. Any reflection on the necessity and desire of the state to monitor the - French and foreign - population living on its territory leads to ponder whether implementing identity checks and documents disclosing the legal status of idividuals can be justified. It also spur reflections about the possible role of a right to anonymity
Dovonon, Valentin. "Les normes de l'O. I. T et le statut juridique des travailleurs étrangers." Dijon, 1985. http://www.theses.fr/1985DIJOD001.
Full textRoger, Thomas. "La perception de l'étranger dans le droit des marchands et négociants (XVIe - XVIIIe siècles)." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G044.
Full textThe perception of foreigners in the right of merchants and traders revealed the existence of a special law for these professionals. Indeed, political circumstances such as wars or economic factors have impacted the live and the work of the mercatores and negociatores. Meanwhile, from the sixteenth to the eighteenth century, the development of royal powers changed the framework and minds concerning these professionnals. These contexts have impacted both jus mercatorum, customary rules, royal ones or applicable case law. Similarly, a comparative legal analysis will be regularly conducted to shed light from the law practiced beyond the borders of the royal state. It will be seen that only circumstantial events, momentary and partial ones could lead to some acceptance. The production of legal norms encouraging French traders' installation abroad also characterizes the time between the sixteenth and the eighteenth centuries
Leon, Gomez Luisa L. "Le statut juridique des prêts interétatiques dans la pratique belge." Doctoral thesis, Universite Libre de Bruxelles, 1985. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213586.
Full textMahnic̆, Maja. "Le statut juridique des activités jure gestionis des états en droit international." Paris 10, 2005. http://www.theses.fr/2005PA100067.
Full textJure gestionis activity is the State activity of the same nature as the activity of private persons : its accomplishment does not imply the exercise of sovereign authority. The legal status of this activity has been essentially defined in the internal legal order, where the municipal tribunal defined the criteria of qualification and the rules applicable to this activity, in the field of State immunities. However, the limitation of the latter to the jus imperii has not been able to guarantee the efficiency of State responsibility for the jus gestionis, as numerous obstacles remain. The problem of the jus gestionis therefore shifted to the international legal order, where the rules of State responsibility and, above all, the settlement of disputes by arbitration, led to the adequate solutions and thereby completed the legal status of the jus gestionis. Still, the willingness of the parties may play an important role in this field
Lai, Igor. "Le statut des ressortissants des Etats tiers dans l'ordre juridique de l'Union européenne." Nantes, 2012. http://www.theses.fr/2012NANT4019.
Full textInitially excluded from the European construction, the non-EU national found his place in the European juridical order with the Amsterdam Treaty as soon as the bases of the common immigration policy were established. From that time, a veritable status of the non-EU national, regularly established on the territory of a member state, was constructed. Following the example of the EU national, who became citizen of the European Union, the status of the non-EU national is constructed, first of all, around the economical issues, being perfectly integrated in the objective of the realization of a single market, where the freedom of movement is an essential instrument. Meanwhile, being a fundamental right of each European citizen, the freedom of movement remains, for the non-EU national, subordinated to the economical conditions. At the same time, the European Union, progressively, moves away from its economic atavism and from an economic Europe we are moving to a social Europe. The economic solidarity is being completed by a social solidarity, allowing the non-EU national to have access to the European social rights. The nationality criterion, as a condition for the access to the rights of the European social citizenship, declines giving its place to a new criterion, the regular residence. Therefore, the European social citizenship and, namely, the rights attached to it, open to the non-EU nationals regularly established on the territory of a member state. The economic dimension of the status of the non-EU national enriches by a social dimension and becomes closer to that of the European Union citizen
Loger, Brigitte. "Mineurs isolés étrangers, des adolescents mobiles et mobilisables." Paris 8, 2007. http://www.theses.fr/2007PA082808.
Full textFrom the movement of emigration in that of immigration, one observed at first the figure of the foreigner through that of workers, refugees, families. The migration of separated children and youngsters under 18 years old, “wenzhou”, “african” or “rumanian”, allows questioning the concepts of childhood and teenager. Mobile, they cross over several borders with landmarks, here and there, simultaneously and they request the encounter. Sometimes, considered as teenagers facing a lack of perspectives and leaving their homeland on their own searching a better future and sometimes, as exploited children. In any case, they appear in search of relations of affinities when they are allowed to speak. Consequently, they are subject to a double treatment: entitled to care measures and services as children “at risk” but removed and rejected as illegal immigrants. They generate a pendular movement of hostility and benevolence, estimating that is a question of gift and returned gift, of hospitality
Allouche, Nadia. "Les mineurs étrangers isolés." Chambéry, 2007. http://www.theses.fr/2007CHAML001.
Full textKhrouz, Nadia. "La pratique du droit des étrangers au Maroc : essai de praxéologie juridique et politique." Thesis, Université Grenoble Alpes (ComUE), 2016. http://www.theses.fr/2016GREAH022.
Full textThis dissertation deals with the practices surrounding the law regarding foreigners in Morocco. Its aim is to observe and describe, in context, the activities of diverse people who find themselves involved or faced with the law, institutions and procedures related to the presence of foreigners. The intention, however, is to analyze various mechanisms involved in the ordinary mobilization of law. This goes through the study of legal and administrative activities in this domain. The clarification of methods used by people, both professional and lay, in their daily practices includes de facto to take into consideration the social and political dimensions of the law, and in particular that related to foreigners. By adopting a praxiological perspective, the purpose is to deal with law in action and to revisit a set of practices, methodical and structurally organized, in order to better understand the endogenous methods of production and intelligibility of law.The first part seeks to present the praxiological approach while shedding light on several social and political phenomena in the contemporary Moroccan context. The second part is devoted to the description and the analysis of various situations in which people are involved and face administrative and judicial institutions. Through a series of episodes and in an empirically documented manner, it fleshes out the way in which the law practically and contextually operates. A third part focuses on methods of reasoning, of understanding and of interpreting, and in particular the working of categorizations and inferences, which are actively at play in the law regarding foreigners in Morocco.All the chapters provide an original treatment of processes and mechanisms of the grammar of law in action and bring out the relation between law and society, as well as the intrinsically political dimension of the law regarding foreigners
Rouanet, David. "Les prisonniers de guerre étrangers dans le nord-est de la France (1803-1814)." Paris 4, 2008. http://www.theses.fr/2008PA040256.
Full textFew studies on foreigners prisoners of war made by Napoleon's troops from 1803 to 1814 existed. The captives from countries coalized against french Empire were sent in the north-east of ancient France, politically safe. They experimented the change of war customs during these eleven years of conflict, announcing the XXth century's long and hard captivities. This thesis, after explaining the legal condition of the prisoners of war in the earlier XIXth century, attempt to evaluate their number interned in the north-east of France. The beginnings of the captivity, the transfer of pow to french Empire, their settlement in dump cities between the Marne and the Rhine rivers, their reactions face this long time captivity and finally their liberation will be successively analysed. This thesis shows that it is better to talk internment than confinement for the major part of Napoleon's captives
Masson, Bénédicte. "Le mineur étranger en droit français et en droit européen." Paris 11, 2006. http://www.theses.fr/2006PA111011.
Full textMaginot-Flosi, Solange. "Recherche d'une approche globale : le droit d'asile = difficultés et enjeux d'une conceptualisation renouvelée." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32072.
Full textIn France, the presence of foreigners seeking asylum poses a serious problem for authorities. Immigration policies have changed in France, but this shift has not been widely acknowledged. Extremism has become commonplace, and a minimization of human, political, legal and intellectual consequences has occurred. This thesis attempts to combine an analysis of political asylum policy, closely examining significant factors (confinement, discretionary administrative practices) with conceptual questioning. It aims to promote the possibility of a return to a more humanistic approach to the right of asylum. Though admittedly optimistic, this proposal is nonetheless realistic insofar as new light can be shed on the right of asylum thanks to the judge who acts as spearhead in matters concerning the basic human rights of each and every individual
Giordano, Carlo. "Les mineurs étrangers non accompagnés : approche compréhensive d'un flux migratoire particulier : le réseau italo-albanais, l'exemple de la ville de Parme." Toulouse 2, 2008. http://www.theses.fr/2008TOU20051.
Full textThe object of our study is the condition of unaccompanied underage Albanians citizens in Italy. Italian law defines the “unaccompanied underage immigrant” a minor that does not have Italian nor any other European countries' citizenship, did not apply for asylum, and is in Italy without the assistance and legal representation of parents or any other adults legally responsible for her/him. We conducted a qualitative research adopting a comprehensive method that aims at exploring the complexity of expectations, strategies, developments and experiences of a kind of migrants that have the specificity of being underage and unattended by parents. Through semi-structured personal interviews we explored the following themes: living conditions and expectations before leaving, motivations for leaving, management of the journey, executing the migration project and its form, present situation and project for the future, relation with the family and its role in the migration. Starting for the observation that perception of reality is strongly conditioned by television messages, we hypothesized a relation between access to Italian network in the family in Albania, and the expectations of the studied population. The study highlights specific social, cultural and economic contexts of deprivation that lead to the choice of migrate. These contexts are characterized by a scarcity of economic resources, formative and employment possibilities, as well as the inadequacy of the socialization process and the possibility of playing and enjoying life. We also suggest that access to the Italian television has a fundamental role in shaping adolescents' expectations, affecting their decision to migrate
Pellegrino, Claudia Lea. "La Cour constitutionnelle italienne et son rôle en matière de garantie des droits fondamentaux des étrangers." Thesis, Paris, EHESS, 2019. http://www.theses.fr/2019EHES0186.
Full textThe present work aims to investigate the role of the Italian Constitutional Court in the protection of fundamental rights of individuals, enshrined in the Constitution. Special reference will be made to the category of third-country nationals, who are untied from the State by any bond of citizenship.This research is conducted following a perspective of historical reconstruction, starting from the evolution of constitutional justice in Europe and the works of the Italian Constituent Assembly concerning the establishment of a “Judge of laws”.The first section of the thesis analyses the Court’s structure, its functioning, the decision-making tools and the mechanisms of access to the constitutional judgment of the laws. With regard to the latter, it is intended to focus attention on the mechanism of cross-claim as it is designed in the Italian constitutional justice’s system, by analyzing its strengths and limits and by making a comparison with the “question prioritaire de constitutionnalité” introduced in France ten years ago.Furthermore, research aims to investigate the absence, in the Italian system, of any forms of direct appeal by the individuals, which may allow them to send a referral to the Court in the absence of an a quo judgment in which an opportunity for the referral of the question of constitutional legitimacy can be initiated.Moreover, object of analysis are the legislative proposals for the establishment of such an instrument, as well as the doctrinal orientations that have spoken in favor or against this opportunity.The second part, which constitutes the more original contribution of the work, relates to the role that the Constitutional Court has provided in defining the legal status of foreigners and in implementing the constitutional right of asylum. The evolution of the constitutional jurisprudence in the matter of immigration is characterized by a trend of self-restraint by the Court as far as the discretion of the legislator is concerned.However, the attitude of the Court also varies according to the aspects governed by sectorial legislation and the rights that are presumed to be violated by the laws subjected to the scrutiny of constitutionality.Ultimately, the Court has considerably contributed to a dynamic adjustment of the status of the rights and duties of foreigners, also with declarations of unconstitutionality aimed at ensuring effective recognition of human rights, enshrined in the Constitution and in supranational and international law, which must be applied regardless of the possession of the status civitatis or regularity of the stay.As for constitutional right of asylum, the reference provision is Article 10, paragraph 3 of the Constitution.The punctum crucis of the reflection on constitutional asylum is represented by the relationship of this institution with those of international protection(refugee status and subsidiary protection) governed by the internal legislation transposing the European directives forming part of the so-called "Common European Asylum System" as well as of the residual form of so- called "humanitarian" internal protection, contemplated in the Italian system until its recent repeal.An attempt was made to answer two questions: can the constitutional right of asylum be considered as "absorbed" by the tools of protection indicated above and, therefore, implemented in our legal system?What role has the Constitutional Court played in defining the legal nature of this institution and the rights associated with it, in the absence of a provision implementing the rule of law/statutory reservation provided by the aforementioned constitutional provision?The work concludes, therefore, with the hope of a more meaningful intervention by the Court, that may sanction the absence of a constitutionally prescribed discipline, in order to restore the autonomous right of the individual to constitutional asylum
Diaz, Delphine. "Un asile pour tous les peuples ? : proscrits, exilés, réfugiés étrangers en France 1813-1852." Paris 1, 2012. http://www.theses.fr/2012PA010689.
Full textLamzalah, Hicham. "L'exercice médical des médecins à diplôme étranger en France." Paris 8, 2007. http://www.theses.fr/2007PA083680.
Full textThe discomfort of the professions of health is far from being foreign with the demographic trends: the announced shortage is one of the leavens of the crisis which the medical profession goes through, all confused specialities. The quality and the safety of the care could then be durably compromised. The increase in medical demography is one of the means to dam up the problem, which could culminate from here 2015. The system of French health seems one of best in the world, however social, space and multifactorielles inequalities persist: granted means, conditions of medical practice in certain disadvantaged areas, population pyramid. Thus, the recognition for the Patricians with Diploma beyond European Union (PADHUE) of a real statute seems to be a precondition. For this reason, the new legislative provisions include more favourable orientations. The latter consist of the introduction of an examination instead of a contest according to specific provisions. This recognition will make it possible to mitigate effectively the moral and material discredit of this category of personnel which contributes for a long time to the system of French health under very precarious statutes. The recasting of the statute and indicial revalorization, essential and impossible to circumvent, will make more equitable and egalitarian the treatment of the different actors. The promotion of health must become a concern of foreground and lead to an offer of prevention and coordinated primary education care of health, reducing the inequalities of access to the prevention. The system of health must answer triple ambition: efficiency, response to the needs identified for the population and maintenance of solidarity in the field of health
Lévy-Tadjine, Thierry. "L' entrepreneuriat immigré et son accompagnement en France." Toulon, 2004. http://www.theses.fr/2004TOUL2003.
Full textConsidering the co-existence of specifically dedicated devices (like for instance Collectif des Femmes in Leuven)and generic devices such as "Boutiques de Gestion" for training migrant and ethnic entrepreneurship in France, the author of this work builds a new model of ethnic and migrant entrepreneurship which differs from the usual minority theories which generally only consider ethnic resources and networks and focus on group dynamics. This model is based on Inter-cultural psychology and on French Theory of conventions. This model is an illustration of the dialectical and teleogical prospect GREENE and alii (2003) recommended for analizing Minoruty entrepreneurship in a more complex way. Based on this model and on observed datas, the author defends the thesis that to analize and train correctly migrant entrepreneurship in France, one needs to know about the individual integration strategy of the migrant. After describing the specificities and diversity of Migrant Entrepreneurship in France, a managerial model is proposed for helping entrepreneurship trainers. This model was applied in a French generic device : a "Boutique de Gestion"
Maudet-Bendahan, Marilyn. "La mobilité géographique du travailleur salarié au sein de l'Union européenne." Rennes 1, 2010. http://www.theses.fr/2010REN1G024.
Full textThe "geographical mobility of the salaried worker within the European Union", set out in the Treaty of Rome since 1957, has not yet been fully realised. There are two major reasons which explain this failure. Firstly, the difficulty in understanding the notion of mobility. Mobility is a polysemous notion, migrant workers finding themselves categorised as employees who are expatriate, or detached, or sent on a mission, or temporarily transferred, or definitively transferred, or reassigned. It is therefore important to get back to the precise definition of employee, based on formalised distinctive criteria. A typology of mobility can thus be seen to emerge, based around the dichotomy between short-term and long-term mobility. European Union law regularly has recourse to this summa divisio, but has been slow in drawing out all useful conclusions from this. The second difficulty affecting the geographical mobility of a mobile employee is concerned with his or her legal regime. European law does not dissociate each form of mobility according to a fixed typography, but tends on the contrary to uniformise the regimes of all Eu nationals by means of the concept of "Citizenship of the Union". This method respects the logic of a widespread communitarisation of fundamental rights intiaded by the Court of Justice. The Lisbon Treaty has introduced embryonic means which strongly support this policy, as can be seen in the binding nature now recognised for the Charter of Fundamental Rights, and also in the new posibility of adhesion to the European Convention on Human Rights
Dib, Abdelhafid. "Mobilité internationale des travailleurs salariés en droit français et en droit algérien : étude comparative." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD054.
Full textThe international mobility of workers is seen as a states development factor, whether it is their home or host. It is an answer to skills deficiencies and labor work. It is an acquisition and transfer factor of knowledge and technology for States and their workforce.However, international mobility reveals a complex legal framework, since on the one hand, it is linked a certain fundamental rights witch necessarily involve consequences, and on the other hand, inappropriate uses of his qualifying it leads to confusion between the different forms of mobility. However, its implementation is not without consequences since it involves mixed effects for the three principal actors: States, companies and workers. That is what this study will illustrate
Legoux, Luc. "La crise de l'asile en France à la lumière des statistiques de l'immigration politique." Paris 1, 1995. http://www.theses.fr/1995PA010507.
Full textThe political asylum crisis in France started in the mid-1980s with the very significant increase in the number of asylum seekers and rejection rates. Recently, the number of requests has fallen by half from a peak in 1989 but the recognition rates remains quite low. The thesis tries to explain this crisis. In the first part, it studies the definitions given for refugee and the regulatory framework that contributes to the evolution of numbers. The second part analyzes the request for asylum before the closing of borders in 1974. Though recognized as acceptable in their vast majority, the requests of that period did not appear to be based at a greater degree on fears of persecution and the crisis cannot be ascribed to a qualitative change in the demand. The third part studies asylum since the close of immigration. From 1975, the recognition criteria for the status are more restrictive for asylum requests but this evolution has masked the numeric importance of automatic recognitions for refugees from south-east asia arriving through procedures organized by the french state. The increase in number of requests of all origins begins only ten years after the closing of borders and must be placed in the context of increased political disorders in the world. The fourth part analyzes the policies setup for the reduction of asylum seekers and refugees. The thesis shows that contrary to official discourse, the french asylum policy responsible for this decline has in fact modified the effective possibilities of asylum in france
Clochard, Olivier. "Le jeu des frontières dans l'accès au statut de réfugié - Une géographie des politiques européennes d'asile et d'immigration." Phd thesis, Université de Poitiers, 2007. http://tel.archives-ouvertes.fr/tel-00550193.
Full textNurit-Pontier, Laure. "Le statut juridique de la monnaie étrangère." Clermont-Ferrand 1, 1992. http://www.theses.fr/1992CLF10110.
Full textPerrot, Adeline. "Les mijeurs exilés à l’épreuve du jugement : une ethnographie des frontières d’âges et de statuts." Thesis, Paris, EHESS, 2017. http://www.theses.fr/2017EHES0153.
Full textIn France, the public treatment of exiles raises an issue around the age and status boundaries: minor, it is a vulnerable body to protect, falling under the jurisdiction of child welfare ( ASE) and that of the children's judge - major, it is the opposite of a body to regularize or to move away from the territory. Framing, flesh, hair, teeth, voice, height, and behavioral traits are considered markers of growth, maturity, or immaturity, which must be tipped to one side or the other. the other of the eighteen year threshold.By following the police, social, judicial, documentary, medical and public category attribution practices of "unaccompanied foreign minors" (MIE), we observed how the institutional logics come to size the authorized or contested statutes of presence on French soil, through the figures of "miner in danger" versus that of "false miner". The research investigated the bodily, cognitive and material ordeals experienced by exiled mijeurs, all along the chain of actions sanctioning, or not, their entry into the ASE and their recognition as "MIE". Engaged in a series of activities to demonstrate the age, the mijeurs (or the "MIE" consecrated) form postures, stories, skills, objects of (re) negotiations with the protagonists responsible for assessing and / or return them the "good" age
Guerassimoff-Pina, Carine. "L'Etat chinois et les communautés chinoises d'outre-mer." Nice, 1996. http://www.theses.fr/1996NICE0011.
Full textKobanda, Ngbenza Dieudonné. "Le parcours de vie des enfant isolés étrangers en France : contextes et situations." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAG041/document.
Full textSince the end of the 1990’s, we more and more attend to the arrival in huge numbers of foreign children on the French and European territory. They come from all continents and no one detains on them parental authority. An unprecedent phenomenon in the European immigration history which whips up tensions between authorities and defence associations of children’s rights.The status of these isolated minors on the national territory remains fuzzy and their integration is like more of what is qualified as an « obstacle course » by the associations. Relatively protected by their minority, they can’t ensure positively to carry on with neither an appropriate school project, nor a reliable professional insertion if their administrative situation hasn’t been regularised before they turn age 18. By following the institutional path of about ten youths for nearly 5 years, this thesis analyses the profile of young migrants, assets and pitfalls taken care in a society in legislative, institutional and societal transition.The study reconstructs, questions and analyses path’s stakes and life construction for minors on one hand, support challenges of this population for social actors and institutionals on the other hand. In short, this thesis interrogates and analyses too Belgian practices relating to receiving and caring for these children, thus enabling a comparison with answers brought by both countries to the situation of this public
Abdulla, Yassin. "L'individu et l’Irak dans la société internationale. Contribution à l'étude des droits de l'individu en Irak." Rouen, 1987. http://www.theses.fr/1987ROUEL040.
Full textIndividuals found on the territory of a state are divided into heterogenous groups. This division in based on sereral criteria, one of which is nationality we can thus distinguish nationals from foreigners. These nationals may thenselves be subdivided into different groups according to religious, language or ethnic differences. This stade of affairs can lead a variety of legal statutes adapted to each group category. The situation in Irak confirms this rule. This study endeavours to determine the rules of Iraki law which govern the judicial statuts of each group of individuals found on the Iraki territory. Reference is made to pertinent texts in international public and privade law, to define the content and the extent of today's legislation in relation to human rights and minority groups as well as the position of foreigners in the country
Boutouila, Nawal. "La condition juridique des personnes privées de liberté du fait d'une décision administrative." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D007.
Full textBy taking a prospective approach, the main of this work is to highlight the existence of an evolution of the legal status of persons deprived of their liberty for an administrative decision. Though the obligation to preserve public order has long been introduced as granting the administration many prerogatives, it must from now on to be equally described as a public-service mission that should be accomplished in accordance with a particular behavior model, without however, always mentioning the presence of actual constraints at the expense of the administration because of the numerous shortcomings currently affecting the protection system. Presumably, if this improvement has been made possible, it is in mainly due to “this new opposing-force concept” that has contributed to strengthening theirs protection especially by participating in the identification of the obligations that should be respected by all administrations which have to take care of a person deprived of liberty
Hinzab, Nasser. "Le droit des investissements étrangers au Qatar : analyse comparative avec la France." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D013/document.
Full textAn agreement dated December 4, 1990 governs commercial relations between France and Qatar. In the context of bilateral relations between States, the various commercial exchanges and investments between private and public persons are framed by numerous texts and conventions. This legal framework must establish an essential factor : Trust. Of course, incentives are also included in these investment promotion texts. Loyalty is the driving force of any business relationship if it were to be tainted that would inevitably lead to a breach of contract. ln addition, the law allows investments over time : the confrontation with economic and geostrategic stakes, which can arise at any time, can come to undermine any committed investment policy. Foreign investment has become a key factor for the national economy for both France and Qatar. For the latter, investment law is developing, particularly with regard to the protection of foreign investment through the creation of an appropriate legal regime. The State of Qatar has an obligation to diversify its economy and its limited sources of financing for the moment to hydrocarbons. This obligation of diversification pushes the Qatari authorities to rapidly develop a legal framework for international investment ln this area France has a solid legal arsenal, and older than that of Qatar. It was therefore interesting to carry out a comparative study between the two legal systems : the subject of this thesis
Ayyad, Wasfi. "Les immunités diplomatiques en droit pénal." Thesis, Reims, 2014. http://www.theses.fr/2014REIMD002/document.
Full textThis dissertation studies the immunities of diplomats and representatives of foreign authorities in criminal law . The dissertation is divided in to tow parts :The first part is devoted to legal environment of immunity .That was exposed in succession :the foundations ,the legal nature ,sources and attributes of immunities .The second part discusses the legal system of immunity .Are discussed :the substantial and procedural regime of immunity .This work shows the diversity of analysis around the concept of diplomats ,consular, and representatives of foreign states and demonstrates the need to reconcile ,on the one hand ,the protection afforded by theses immunities and on the other hand ,the fundamental rights of the victim of an act covered by immunity
Nicolau, Jean. "Droit international privé du sport : études sur une discipline en construction." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3018.
Full textThrough the examination of the elements of the private international law and their contrast to situations associated with sports practice in general, and to Sports Law in particular, this thesis intends to establish the pillars of the private international law on sport. In this regard, the topics related to the nationality of the athletes, either granted by the State Law or Sports Law, are initially addressed. Subsequently, this thesis aims to identify and to determine the competent authorities and the applicable law to rule over international legal issues related to sport
A partir do exame dos elementos do direito internacional privado e da contraposição dos mesmos a situações associadas à prática esportiva, de modo geral, e ao direito desportivo, em particular, este estudo pretende erigir os pilares do direito internacional privado do esporte. Com efeito, são abordadas, em um primeiro momento, temáticas relacionadas à nacionalidade, estatal e esportiva, dos atletas que integram o movimento esportivo. Na sequência, o objeto da tese repousa sobre a identificação e a determinação tanto das autoridades competentes para a apreciação das situações jurídico-desportivas de dimensão internacional, quanto do direito aplicável a estas últimas
Benaissa, Monim. "Le statut juridique contemporain du passage du Nord-Ouest : bilan, enjeux et perspectives en droit international et comparé." Mémoire, 2012. http://www.archipel.uqam.ca/5019/1/M12595.pdf.
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