Dissertations / Theses on the topic 'Infraction internationale'
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Keubou, Philippe. "Le droit pénal camerounais et la criminalité internationale." Thesis, Poitiers, 2012. http://www.theses.fr/2012POIT3010/document.
Full textThe development of communication and telecommunication has as a corollary the increase in crimes and in particular international crimes. The question may there for be raised whether Cameroonian penal law responses to the exigencies of the world in the fight against international criminality. A close examination of the above question reveals that at first sight, it seems satisfactory as regards internal norms for fight against crime, which in certain circumstances have an incident on the international atmosphere. On the other sight, it is not satisfactory because international offences by their nature have been simply ignored in Cameroonian criminal law. The state of Cameroon is not in the mode to cooperate with this jurisdiction. There is the need for reforms to ameliorate the penal legislation of the country
Flagel, Amélie-Anne. "Le renouveau de la piraterie internationale." Thesis, Nouvelle Calédonie, 2013. http://www.theses.fr/2013NCAL0043/document.
Full textIn 2012, pirates are still rampant on the seas. While we thought them to be moribund or embedded in the mass of terrorists, pirates have made a marked resurgence in the international and legal concerns. The challenge is to adapt the consensual and flexible, international law, to obligations inevitably arising from the repression of an international offense. The task is difficult, because it is a search for a balance between a binding (and effective) legal order, and the protection of state interests, pillar of international law. It is therefore necessary to approach the revival of piracy from different angles:• first, identifying the characteristics of the « new » piracy, which has managed to integrate technical progress in a classic pattern;• then, inventorying the means of legal repression that are available to the International Community, as well as highlighting the flaws or weaknesses of the legal system. This step involves identifying international texts and confronting them to the actual situation. On piracy, the issue of Somalia cannot be avoided, but other less publicized areas provide innovative solutions. The approach also consists in studying various national laws on piracy in order to emphasize the importance of uniform international rules for an effective repression;• it is necessary to address the piracy vertically, by integrating the process of studying legal responses, from capture to imprisonment of the pirate, without ignoring the terms of judgment and protection of human rights. There is also a need to extract from the pure legal approach, to assess the economic and social factors that constitute its close and consequences;• finally, having highlighted the multiple aspects of a multifaceted offense, we must try to give legal answers that are in accordance with traditional pillars of international law: sovereignty and equality of States, yet effective. It is also the role of lawyers to offering original thought axes, although these have little chance to be followed in the current international context.Piracy, an international crime, now requires a reflection on the role of the International Community, as the subject, compared to traditional actors such as States, and to coercive powers at its disposal to ensure the protection of the international public order.Keywords: Maritime piracy, international law, terrorism, Somalia, international crime, Montego Bay Convention
Bideri, Diogène. "Les crimes sexuels face au droit international pénal : recherche sur l'établissement d'une infraction autonome en droit international pénal." Thesis, Strasbourg, 2017. http://www.theses.fr/2017STRAA023/document.
Full textSexual violence today is, as in the past, widely used as a weapon of war and a means of ethnic cleansing. The analysis of international criminal jurisprudence highlights the difficulty of apprehending this new offense in relation to the existing legal categories. The nature of sexual crimes is not reducible to genocide, crimes against humanity, or war crimes. The international judge, through constant legal reasoning, was able to clarify the boundary between sexual offenses and other offenses, to show their scope and intensity to distinguish them from other crimes. This advance in jurisprudence gradually builds a foundation and legitimacy that define elements of the empowerment of sexual crimes under international law. The codification of international law through a new treaty specific to sexual crimes, with provisions defining this particular category of offense, its apprehension and its legal obligations will allow a better repression of this crime
NICOLAS, NELSON DANIEL. "La cooperation juridique internationale des democraties occidentales en matiere de lutte contre le terrorisme." Paris 8, 1986. http://www.theses.fr/1986PA080030.
Full textDuffourc, Marie. "La participation a l'infraction internationale." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40057.
Full textCan it be extranational, transnational or international by nature, the international crime is always the same : it needs the reunion of a material element and a moral element, sometimes including a contextual element. This structural constancy, which dominates the definitional diversity, inclines us to campaign for the unification of the participation forms associated to the whole international crimes. In other words, the specifity of the participation in the international crime would be less due to the specifity of the first one’s forms than to the specifity of the second one’s definition. Now, there are only two grand systems of participation in the international crime : the one applied by the national criminal jurisdictions and the one applied by the international criminal jurisdictions. From the comparison of these two systems, it is possible to imagine a unique system of participation in the international crime, permitting a better understanding of the collective criminality by attributing a righter role to the intellectual participants within the participation. More precisely, and after a few necessary adaptations, control over the international crime, which is a mixed criterion recently developed by the International Criminal Court, could be used to distinguish the main forms from the secondary forms of participation in the international crime. Thus, main participants might be those who, with the suitable state of mind, take control over the international crime (co-perpetrators and intellectual perpetrators) while secondary participants might be those who don’t take such a control (accomplices by aid and assistance and “subordinators”)
Bardet, Marie. "La notion d'infraction internationale par nature : essai d'une analyse structurelle." Electronic Thesis or Diss., Bordeaux, 2020. https://buadistant.univ-angers.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/secure/isbn/9782247218820.
Full textThe notion of international crimes by nature appeared with the post-war trials and has strengthened along with the development of international criminal law. If today the notion is fully recognized, it is still ill defined. It is generally recognized that the notion contains the most serious crimes but this criterion is much too elusive to be the basis of the notion’s definition. The purpose of the study is to clarify the contents and outlines of this particular legal category, by identifying stable criteria from the category’s crimes, that is to say crime of aggression, war crime, crime against humanity and genocide. Their legal structure provides a suitable starting point for the study. Indeed, all the crimes are organized around two elements : one contextual element and one individual element. The systematization of the crimes through these two components is conclusive. Such a systematization enables the identification of criteria to cover all the crimes considered and to gather them under a unitary notion. Therefore, the systematization reveals the originality of the conduct punished by the notion of international crimes by nature
Quirico, Ottavio. "Réflexions sur le système du droit international pénal - La responsabilité « pénale » des États et des autres personnes morales par rapport à celle des personnes physiques en droit international." Phd thesis, Université des Sciences Sociales - Toulouse I, 2005. http://tel.archives-ouvertes.fr/tel-00279988.
Full textAl, Serhan Hakem. "La définition du crime contre l'humanité dans la jurisprudence des tribunaux pénaux et internationaux ad hoc. "Ex-Yougoslavie et Rwanda"." Poitiers, 2011. http://www.theses.fr/2011POIT3008.
Full textF crime against humanity is representative of the crimes committed during the last century still seems incredibly relevant today. It’s in the heart of International criminal law and judged by judicial authorities such as the ICT. The International Criminal Tribunal for the former Yugoslavia and Rwanda created by the United Nations Organization and institutionalized to judge all the persons having committed crimes in these two regions, have contributed to the development of the International law. The judges of these courts have, while referring to the existing legal authorities, in particular those resulting from exactions committed during the Second World War, have participated in the construction of a definition of crimes against humanity including the crime of genocide. Crime against humanity appears on articles 3 and 5 of the Statutes of the ICTR and the ICTY and the crime of genocide appears on articles 2 and 4 of the said Statutes. The offences related to crimes against humanity and crime of genocide have allowed the precedents of both courts to lead to precise definitions. On the contrary, some of these related offenses have led to debates which ended sometimes or not to a definition. The ICT judges showed their investment in the definition of each of these crimes and have allowed to establish solid basis to the Statute of the actual judicial authority that is the ICC
Akasbi, Moundir. "Une approche internationale des infractions boursières." Paris 2, 2008. http://www.theses.fr/2008PA020066.
Full textInomata, Kazuna. "Le principe de légalité en droit international." Paris 1, 2007. http://www.theses.fr/2007PA010306.
Full textEl, Masri Mohamed Walid Hachem. "L'action civile née d'une infraction à la loi pénale en droit international privé." Université Robert Schuman (Strasbourg) (1971-2008), 1991. http://www.theses.fr/1991STR30010.
Full textAs in internal law, in international law, civil action, to some extent, is linked to prosecution and, in some other cases, maintains it independence. It is by means, of confrontation criminal - and private internation law, which both adopt very often different rules, that the relations of interdependence and autonomy between civil and criminal action could be defined in the present study. In some cases, subordination of civil action towards criminal action is unavoidable. This close association is necessary in the international field, when the subsidiary feature of civil action displays its effects on the highest level in order to assure the interest of repression in france. Thus, only the branch of international criminal law can attribue jurisdiction to french criminalcourts in order to allow them to deal with reparation by sole virtue of the infraction coming within their jurisdiction. Thus, as well as in front of civil courts and criminal courts, only the law chosen by the the rule of conflict must apply, regardless of the court to which the matter was referred to and without taking into account the criminal nature of the prejudicial deed
Hitimana, Célestin. "Les rapports entre le droit pénal national et le droit pénal international dans la prévention et la répression des infractions internationales." Thesis, University of Ottawa (Canada), 2004. http://hdl.handle.net/10393/26656.
Full textPortas, Louise. "Les pratiques corruptrices dans les échanges économiques internationaux : étude comparative France-Vietnam." Thesis, Toulouse 1, 2015. http://www.theses.fr/2015TOU10005/document.
Full textCorruption is an ancient and common phenomenon unanimously condemned. It is considered as a real plague undermining all societies’ values, rule of States and is a danger for worldwide economy. But the term of corruption is actually employed to a complex, multifaceted and scalable phenomenon. In practice, it offers as many forms and behaviours as situations where it can be realised. Therefore, this study was first devoted to define the notion of corruption. Contrary to the common language, this term is employed here in its legal meaning. As a consequence, corruption is defined in this study as the crime, or more especially, the several specific crimes incriminated in analysed legal systems. But this study also reveals that the fight against corruption shall not be limited to these specific crimes. Other behaviours, beforehand and afterwards the phenomenon must be incriminated and severely condemned. In other words, to fight against corruption it is fundamental to combat all corruption practices. The choice was, next, to make a comparative study between French and Vietnamese law. The economic links between the two States are very strong such as their legislative disparities, in particular regarding the incrimination of corruption crimes. Vietnam, as a transiting country, knows a very fast economic development. But the country is not at the same level than France regarding criminal law. Contrary to France, Vietnam keeps a very classic vision of corruption crimes and doesn’t perceive its multifaceted aspect. Nevertheless, because of international commercial exchanges’ intensification, fraudulent collusions inevitably appear between the two States. De facto, they must face up these new forms of corruption, alone or together
Mantsanga, Mantsounga Alexis. "La répression des infractions sexuelles : étude comparée de la pratique des juridictions pénales françaises et des juridictions pénales internationales." Thesis, La Rochelle, 2017. http://www.theses.fr/2017LAROD003.
Full textThe probationary system which governs the functioning of the international criminal jurisdictions and the French criminal jurisdictions has for purpose the search for the truth, the determination of individual responsibility and the appropriate penalties towards the guilty of crimes. It has also for purpose to acquit the people whose the guilt has not been proven. Notwithstanding this noble common purpose, these criminal jurisdictions mark, through their fundamental texts and their practice, points of divergence and convergence.The circumstances of the commission of sexual crimes, the difficulties to identify the sexual crimes, to bring a reliable and credible proofs of guilt, the feeling of guilt developed by the victims, the quality and the personality of the author, the age and the vulnerability of the victims are so many matters which directed the present comparative study of French and international criminal jurisdictions.The admission and the appreciation of proofs become issues when the complexity of the affairs, the ambiguity as well as the imprecision of texts can join quickly the subjectivity of the judges who have to charge or acquit a person as soon as the conditions are suitable. The study attempted to compare, in terms of difficulties and gaps, divergence and similarity, the way in which these jurisdictions enforce sexual crimes while ensuring fair trials for all parties
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international /." Paris : Éd. Panthéon Assas : diff. LGDJ, 2004. http://catalogue.bnf.fr/ark:/12148/cb391841538.
Full textChilstein, David. "Droit pénal international et lois de police : essai sur l'application dans l'espace du droit pénal accessoire /." Paris : Dalloz, 2003. http://catalogue.bnf.fr/ark:/12148/cb38986909q.
Full textMenuet, Pascale. "La localisation de l'infraction en droit criminel." Nice, 1998. http://www.theses.fr/1998NICE0046.
Full textWhatever her nature or her gravity, the offence is always committed in a determinable place. It's the reason why finding the scene of the crime have got an affect about the offence and the punishment. First of all, let us consider the scene of the crime as a Janus. It is also the scene of the crime and the victim of offences. Moreover, the place where the crime has been committed, is very important about the law applicabled to the offence. Is the offence submitted to the French criminal law or to a foreign criminal law ? If the offence has been committed in France, the offence is submitted to the French criminal law, but, if it's has been committed in an other country, two criminal laws will be in conflict. Nevertheless, the application of a foreign criminal law will be supplanted by a French figment law process. Then, the scene of the crime has many others faces, whenever the French law has to choose a punishment. On one hand, the investigations and the criminal procedure begin on the scene of the crime. Nevertheless, if the investigations on the scene of the crime are very important to punish the criminal man, many others places need investigations: for instance, the criminal's home. . . The policemen search the proves in all the scenes of the crime. On the other hand, the victim wants to be compensated for all his trouble. The French criminal law decides where the civil prosecution begins. Is it where the criminal procedure begins, or in an other place, for instance, where the victim is living? What conclusions can be drawn from all this? The scene of the crime is the most important place to accuse the criminal man and to punish him
Altamimi, Mohammad. "La condition de la double incrimination en droit pénal international." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3003/document.
Full textDouble criminality is a “classic” condition in international criminal law, which is found in normative instruments relating to international cooperation in criminal matters, as well as those relating to extraterritorial jurisdiction. In these two fields, the condition of double criminality is considered fulfilled when the conduct in question is punishable under the domestic law of both states (the requesting state and the requested state, or the prosecuting State and the State in which the act was committed). Moreover, the application of this condition continues to pose difficulties, not only in substance but also in procedure. The difficulties have driven the European states to call the condition into question, at least partially; even though a total removal of the condition in its current state is impossible
Pavageau, Stéphanie. "Le droit de propriété dans les jurisprudences des juridictions suprêmes françaises, européennes et internationales." Poitiers, 2002. http://www.theses.fr/2002POIT3016.
Full textGuinamant, Ludovic. "La police judiciaire sous mandat international : étude des enquêtes conduites dans le cadre des opérations de paix." Poitiers, 2009. http://www.theses.fr/2009POIT3017.
Full textThe United Nations is called out to intervene in geographical conflic zones in order to guarantee or impose peace. Amongst the tasks assigned to the military or civil forces sent by the security, that of assuring public security constitutes a guarantee of a return to peace. .
Court, de Fontmichel Alexandre. "L'arbitre, le juge et les pratiques illicites du commerce international." Paris 2, 2002. http://www.theses.fr/2002PA020106.
Full textAzzi, Tristan. "Recherche sur la loi applicable aux droits voisins du droit d'auteur en droit international privé." Paris 2, 2000. http://www.theses.fr/2000PA020086.
Full textAguemon, Mahmoud Brice. "Le droit de la régulation financière dans l'espace OHADA : étude comparée avec les législations internationales." Toulouse 1, 2011. http://www.theses.fr/2011TOU10065.
Full textThe widespread and unprecedented perception of financial markets in countries of West and Central Africa has focused attention on getting financial regulators into the nation's financial systems. The latter are in charge of monitoring financial services and operations, of adopting specific governing rules and of implementing various regulations. Yet the tumult of the international financial crises and the rush to set out efficient regulations, it was important to proceed with in-depth analysis of certain regulations governing African financial markets. As a result, although it might seem that financial regulators, along with the prudential regulators contribution, provide a notable support for actors and operations and ensure resumption of the sub-regional economic development, it should be noted, however, that these regulations are not compliant with international standards. Finally, the intent of this comparison is to provide a comprehensive review of the possible ways in which the role of financial regulators can be enhanced so as to undertake corrective measures to ensure financial stability and protection for investors
Ouariagly, El mostafa. "Droit marocain et réglement des litiges internationaux en matière de propriété intellectuelle : contribution à la lecture de la nouvelle législation marocaine." Perpignan, 2009. http://www.theses.fr/2009PERP0985.
Full textModern economy depends on intellectual property rights, every technologic innovation, every art opus is managed and protected by those rights. This fact calls some questions: how are those rights managed in every juridical system? And what happens when those different perceptions are confronted in a globalized economy?Once those questions answered, others come through. Naturally, when economic exchanges grows, the number of disputes grows too, and it is a fact that traditional justice can not handle, an efficient way, that special type of disputes. That’s why the alternative dispute resolution methods are getting more and more successfull. So, the second part of this work tries to make light on those ADR and apply them to the intellectual property disputes
Sardais, Pascale. "La délinquance économique et financière transnationale : de l'impasse à l'approche systémique." Paris 10, 2006. http://www.theses.fr/2006PA100193.
Full textThe interindependence of both phenomenona, multi-nationalization of the companies and autonomization of the money market explains the difficulties of penal law to apprehend the economical and financial international delinquency and is expressed through the opacity of national and international sources. The systemic approach allows the surpassing of the theoretical confusion between the descriptive speech and the prescriptive speech and the building of a new field of research pointing out the role of the civil society in the emergence and the autonomization of this qualification. This autonomization, at first, is revealing the undermined separation of powers and, secondly, reveals itself as the condition for the survival of the democracy, that requires the access to high quality information and the emergence of a penal corporate international law. It becomes apparent through the emergence of new procedures (simplification of procedures, police and judiciary co-operation, derogatory procedures around the notion of organized crime and delinquency
Bouare, Marie. "Le Délit d'abus de biens sociaux : approche comparative critique de la transposition du droit français au Sénégal." Clermont 1, 2001. http://www.theses.fr/2001CLF10237.
Full textThe Misdemeanour of misuse of company property has a characteristic feature to be situated on the cros sroads between ecoxnomical, political and social aspects. Being the instrument allowing the repression of disloyal behaviour of some managers, it aims at providing the protection of the company's personality as welle as its shareholders. Currently, the application of the law has been destabilised by the inflation of the jurisprudence
Da, Conceição Filomena Pensar Abudo Alicénia. "La coopération dans la prévention et la recherche des infractions entre le Mozambique et les autres États de la Communauté pour le développement de l'Afrique australe." Thesis, Poitiers, 2018. http://www.theses.fr/2018POIT3002.
Full textThe cooperation study for the prevention and the research of infringements between Mozambique and the other states of the Southern African Development Community (SADC) decree on account of several factors resulting in the evolution of the society and that facilitates the criminal activities in this region of the world: the ongoing integration process in Southern Africa, the abolition of visas between certain states of the region that leads to an increase in mobility of people from one country to another, the development of information and communication technologies. These main factors constitute as some challenges for public security in the region of Southern Africa and demand some states the acknowledgement and the reassertion as a necessity to cooperate, including the arrangement of joint actions to fight more effectively against the traditional crime forms that evolve or the more recent crime forms. Among these two categories, we notice the presence of organised crimes, the trafficking of narcotics, cybercrime without forgetting the trafficking of stolen vehicles and human beings.The objective of the research concerns the existence and the effectiveness of the cooperation to prevent and fight against these crime forms, that they are transnational/cross-border or having an extraterritorial link. In order to do this, an inventory of the applicable texts is necessary; it allows an enlightened understanding of the measures. But these texts are numerous and diverse on the basis of their bilateral, regional or international origins. Their links are equally complex due to the different crime forms that exist in this region. Finally, their implementation is rendered difficult. It is on one hand in view of the history of the region of Southern Africa that was known from the independence declarations, a period during which some of the regional police cooperation existed without legal support. The integration of SARPCCO in SADC allowed putting an end to this practise. It is on the other hand due to sovereignty that still relatively significant are some of the obstacles at the cooperation. Our research has thus required to focus on preceding history of the police cooperation in the region of SADC in particular and in relations with other states or regions of the world, on the development of the cooperation's legal and institutional mechanism, on the establishment and the strengthening of the police cooperation in the SADC organization, and finally on the Council of Police Chiefs and his links with Interpol. These elements have authorized to appraise the principal progress and the restrictions of this organization
Paccaud, Françoise. "Le contentieux de l'environnement devant la Cour internationale de Justice." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3023.
Full textThe ICJ as the principal judicial organ of the United Nations comes to know of this type of specific dispute. In fact, environmental disputes carry with them a certain degree of technicality and call upon particularly complex scientific notions. The meeting between the protection of the environment and the ICJ could then only give rise to a particularly rich litigation. The Court's apprehension of this kind of litigation raises the question of how the Court deals with these disputes. The present thesis is therefore concerned with the effects and consequences resulting from the environmental litigation before the ICJ.This leads us to two remarks: the first one concerns the phenomenon by which environmental stakes are integrated within international litigation, and, the second one concerns the opportunity for the court to adapt its procedural rules to deal with environmental issues. Indeed, environmental issues tend to be more and more integrated into the international litigation of the ICJ, which contributes to the development of the rules of international environmental law. However, such integration also reveals the limits of the Court. However, the Court could take on the role of an environmental judge, by adapting its procedural tools to the specificities of this particular litigation. Thus, it is a reciprocal dynamic that takes place between the Court and the protection of the environment. The preservation of the environment is enriched by the Court, but the Court could also see its role evolve through the consideration of environmental issues. The ICJ could then become a genuine international environmental judge whose international community is still lacking
Camara, Alpha Oumar. "La protection des intérêts financiers des organisations internationales." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0004/document.
Full textFinancial losses caused by lack of appropriate means of control has led international organizations to implement some mechanism that help them to protect their financial resources from diversion. Indeed, in order to reach their goals, international organizations need a good financial management. Legal mechanisms put in place to protect financial assets of international organizations allow them to oversee their financial management and help them prosecute those who commit financial crimes against international organizations. In doing so, international organization need cooperation from Member States. But this cooperation depends on each international organizations. This dissertation aims to show how, within the European Union (EU), the United Nations (UN) and the West African Economic and Monetary Union (WAEMU), what are the legal mechanisms that enable international organizations to prevent and to prosecute those who commit financial crimes against them
Oliveira, Carina Costa de. "La réparation des dommages environnementaux en droit international : (contribution à l'étude de la complémentarité entre le droit international public et le droit international privé)." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020002.
Full textThe reparation of environmental damages in international law concerns public and private international law. Due to the fact that efficient reparation of environmental damages is hardly achieved only by public international law, private international law methods can be used to fill the gaps of the former law field. Public international law limits are related to the difficulty of harmonising substantial environmental rules on national, regional and international context. Another reason is that it is hard to control company’s international movements and to hold them liable for damages committed. International environmental law depends on some public and private legal instruments in order to protect the environment. Public instruments such as treaties and Secretariats' mechanisms of control must work jointly with private instruments such as liability and arbitration. Private international law application is useful to organise rules from different legal orders. This methode enables the use of legal measures of one State in another State without looking for uniformity. Private international law, by the environmental function of conflict of laws and conflict of jurisdictions rules, paves the way towards a better interaction between different normative orders and between different law fields. It leads to a more effective cooperation for environmental protection
Rouidi, Hajer. "Les listes d'infractions : étude en droit pénal français italien et international." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3011.
Full textThe thesis analyses the utilization of enumeration through the "listing of crimes" as a legislative technique in criminal law. Such a method of legislative drafting was used historically in bilateral conventions, specifically in the area of extradition, but nowadays it is heavily employed in criminal law to delimit the scope of application of exceptional rules. Aiming at providing a rich and solid base of knowledge in a domain that is rarely studied, this work reviews various systems and legal orders. As such, the resort to "listing of crimes" will be examined in international criminal law as well as in French and Italian criminal law. Being a tool to select a group of crimes in order to treat them differently than the common crimes, the listing technique serves the needs of aggravated or innovative repression. In that regard, the "listing" technique is not only considered as a means of legislative drafting, but its political function is also analyzed. The utilization of this technique is assessed in the light of the expected as well as the verified results. The extension of an existing "list of crimes", a normal consequence of resorting to enumeration, is found to be positive in some cases but more or less criticized in other cases where legislatures deviate from the original reason for which this drafting technique has been elaborated. Examined from the perspective of the fundamental principles of criminal law, namely the principle of legality and the principle of proportionality, the usage of this technique is appraised. The respect of these two primordial principles constitutes the ultimate solution proposed for any deviated resort to "listing of crimes" as a legislative tool
Charron, Alice. "L'émergence du contentieux de l'environnement." Thesis, Montpellier 1, 2014. http://www.theses.fr/2014MON10018.
Full textUnderstanding the litigation aspect of a legal discipline implies to determine beforehand its material and spatial field. Environmental litigation is transversal, cross-border and therefore implies to go beyond both the national and the environmental frame. This litigation will influence the international, national and European level. The judge's office is central and its legal precedents are “oriented” in order to meet the objective of environment protection. Environmental litigation results from the integration of the environment laws in other legal branches. It involves, on the one hand, to apply some mechanisms borrowed from existing procedures and on the other hand, to adapt some legal tools in order to respond optimally to its purpose. The peculiarity of environmental litigation resides in the originality of its legal frame. It encourages and pushes the judge to control some environmental specific “creations” turning his case into a true source of law. The environmental litigation slowly frees itself from classical procedures to highlight environment focused concerns. This emergence tends to unify the environmental law and its contentious action leading to a real legal specificity
Clesse, Charles-Eric. "La traite des êtres humains: un cadre legal perfectible pour une meilleure protection des victimes ?étude de la législation belge éclairée de normes internationales et de législations française, luxembourgeoise et suisse." Doctoral thesis, Universite Libre de Bruxelles, 2013. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209468.
Full textDoctorat en Sciences juridiques
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Charles-Alfred, Christophe-Claude. "La justice transitionnelle face à la responsabilité de l'enfant associé aux forces et groupes armés âgé de plus de quinze ans auteur d'infractions graves." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1066.
Full textThe legal justice mechanism of the Child Associated with Armed Forces and Groups of more than fifteen years old of serious offenders is inconsistent. In fact, this kid's allowed to obtain the combatant status even if he never assumes automatically his responsibilities when he commits serious offences. It's because the international community is divided and considers him as a victim or a criminal. This uncertainty creates the effect of legal insecurity since he doesn't know how he'll be treated by Justice. This situation benefits to his recruiter who encourages him to commit the most serous crimes. The child feels almighty. But at the end of the conflict, he may probably rejected by this community who considers him as an executioner. So, his reintegration is compromise. To rectify this situation, harmonizing the age of the fighter should be a solution to clarity his accountability status. For the moment, fifteen years old appears as minimum standard. If the child isn't so youth to take arms, he can bear his accountability. But how? Whith Transitional Justice in general and more specifically the creation of a Special Court for Serious Violations which judge those who have the highest level of responsibility in the commission of the crime. For the others, we propose Restorative Justice that meet their needs, those of their victims and their entire community
Hane, Tafsir. "L'intelligence économique au service de la lutte contre le blanchiment de capitaux et le financement du terrorisme." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA027/document.
Full textCompetitive and Strategic Intelligence (CST) can it contribute to better anti-money laundering - combating the financing of terrorism (AML / CFT), if so, how ? A diagnosis has helped highlight deficiencies that, institutionally are materialized by insufficient responses not only because of lack of constraints on a global scale, but also because of the primacy of political and economic interests to the detriment of regionalist and corporate dynamics. Operationally, it appeared that the weaknesses are related to the failure to take into account the CST. Placed at the heart of intelligence, this thesis argues that CST can adapt to the context of the fight against financial crime and serve to better the fight against the phenomenon. It sought to show how the methods and tools of investigation, analysis of the environment, anticipation, influence and influence-against CST could meet the needs of stakeholders in the AML/CFT. It also projected on the potential role of CST actors in AML / CFT
Koray, Zoé Zeynep Can. "Le préjudice de l'actionnaire." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020072.
Full textThe subject of shareholder damages has seldom been studied in France. Nonetheless, it is a topic of much discussion and debate in legal circles. Unlike under some foreign laws, French law rarely permits the direct compensation of shareholder damages because of the summa divisio between the personal damage (recoverable) and the damage of the company (not recoverable). However, this distinction is not relevant both in terms of theory and practice. More doubt is cast on this distinction where the potential damage arises from an infringement of the penal law, such as the use of false or misleading information to induce shareholder reliance or action. Furthermore, the internationalisation of capital introduces conflicts of law and jurisdictional questions, asking the courts to first determine whether they are the proper authority to hear a shareholder’s case, and which nation’s laws to apply.This study presents a critical analysis of the positive law and proposes avenues of reforming French laws concerning shareholder damages. Should the existing remedies be changed ? Which remedies should be adopted to reverse the strict trends in French law against adequately compensating shareholders’ losses ?
Tsobgni, Djoumetio Nathalie Laure. "Les banques et la mise en oeuvre du dispositif de lutte contre le blanchiment des capitaux au Cameroun et en France." Thesis, Strasbourg, 2015. http://www.theses.fr/2015STRAA018/document.
Full textThe preservation of the good health of the banking sector has always been at the heart of the concerns of the world banking community. The fight against money-laundering is a way for bankers to preserve this health. Indeed, French and Cameroonian banks though assujetties subject to the fight against money-laundering have more than one interest to implement operative preventive anti-money laundering. Firstly, at the organizational level, Cameroon and French banks have an anti-money laundering service and computer devices that shall stop their use for the purpose of money-laundering. Functionally, the vigilance obligations imposed on banks in respect of the fight against money-laundering join and strengthen banking rules already implemented in practical with a healthy level of banking activities. However, operative preventive anti-money laundering is not well-received within the banking profession. For cause, it was attacking principles dear to the banking profession in particular, secrecy and the duty of non-intervention. Similarly, the implementation of operative has brought new obligations whose violation is the subject of sanctions
Sen, Chen Tsanta Sarindra. "Les enjeux éthiques de l'advocacy des organisations humanitaires contre les violences sexuelles utilisées en tant qu'armes de guerre." Thesis, 2020. http://hdl.handle.net/1866/25698.
Full textThis study looks at the ethical issues of advocacy and rights-based approaches to emergency humanitarian work. Sexual violence has become an instrument of war, used for political and military purposes. Advocacy, which is usually a function of humanitarian human rights organizations, is becoming part of emergency humanitarian response. The use of advocacy in humanitarian settings exposes humanitarian missions to ethical tensions and dilemmas, particularly with regard to access to victims and the defense of their rights, the principle of humanity and the principle of neutrality. Advocacy also represents a danger to the apolitical image of humanitarian organizations and therefore undermines the confidence of belligerent states in conflicts. In view of these dangers of advocacy, the question arises as to what reasons might justify advocacy in humanitarian interventions in the case of politically motivated sexual violence. From a method described as an interdisciplinary and critical essay of legal theory, our argument and evidence will be structured to justify the hypothesis that silence in the face of non-respect for human dignity and the rights of victims is contrary to the universal values and spirit of humanity that are the raison d'être of humanitarian actions, that it also reinforces the state of lawlessness and impunity of perpetrators, but at the same time it accentuates the stigmatization of victims. In fact, the silence of humanitarian organizations that witness violations of fundamental rights perpetuates the culture of silence that usually accompanies acts of sexual violence and does not help to restore peace or prevent it from happening again in the future. The collection of data to support this hypothesis is based on a documentary research that is critically analyzed, reflexive and interdisciplinary. The oscillating nature of the essay, across disciplines, made it clear that morally, complicit silence is contrary to the spirit of humanitarianism. Advocacy is an interpretation of the principle of humanity that is the essence of humanitarian assistance. The care of victims by humanitarian organizations cannot therefore be limited to emergency humanitarian medicine. At the same time, the obligation of reserve and confidentiality is also contrary to the "first do not harm" principle. Caring for and supporting victims requires that humanitarian action be extended to the protection of human life in a holistic sense and also to the defense of victims' rights. From a legal perspective, the analysis of humanitarian paradigms demonstrates that the legal mechanisms put in place to protect people in times of conflict are largely dependent on humanitarian organizations and their roles as "gatekeepers" of international law. Advocacy has become a legal obligation of humanitarian organizations as a preventive measure against future violations of the rule of law, but also as a repressive measure against perpetrators.