Dissertations / Theses on the topic 'Protection diplomatique'
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Forni, Federico. "Citoyenneté européenne et protection diplomatique." Strasbourg, 2011. http://www.theses.fr/2011STRA4028.
Full textThis thesis aims to analyze the concept of diplomatic protection, defining the features of this institution in the legal framework of the European Union in order to assess whether, and how, this form of protection can be carried out in favor of European citizens. The thesis develops the subject in four chapters. The first chapter is dedicated to diplomatic protection in international law and it is basically divided in two parts. The first part analyzes the particularities of diplomatic protection in traditional international law, while the second part concerns the latest developments that can influence the evolution of diplomatic protection. The second chapter focuses on the diplomatic protection of European citizens by Member States in third countries where the State of nationality is not represented, analyzing Art. 23 TFEU, which seems simply to extend outside the EU the principle which prohibits any discrimination on grounds of nationality (Art. 18 TFEU). The third chapter of the thesis aims to assess whether the EU can protect all European citizens carrying out actions of diplomatic protection. Finally, the fourth chapter aims to assess whether the decision to refuse diplomatic protection may be subject to judicial review in the light of the latest doctrinal and jurisprudential trends and in the light of a legally binding Charter of Fundamental Rights
Touzé, Sébastien. "La protection des droits des nationaux à l'étranger : recherches sur la protection diplomatique." Paris 2, 2006. http://www.theses.fr/2006PA020053.
Full textTournier, Arnaud. "La protection diplomatique des personnes morales en droit international public." Thesis, Paris 10, 2011. http://www.theses.fr/2011PA100163.
Full textThis thesis defends the idea that diplomatic protection of juridical persons is different from diplomatic protection of individuals. At the end of 18th century nevertheless, rules of each of these protections were created as identical. These rules have not really changed. This analogy is nowadays questionable and is discussed in this research. Indeed, the evolution of private persons as subjects (at least partial) of international law and the economic globalization ask this question, and constitute new lines for the study of this matter. In this field, renewal and harmonization appear necessary
Elong, Fils François-Xavier. "La protection diplomatique des étrangers. Essai sur ses interactions avec la souveraineté des Etats et les droits de l’homme." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30058.
Full textDiplomatic protection, formally the central institution of international relations could be considered today as a guiding tool, rarely used and could be definitely put aside of antan concepts ? We could from the observation of certain mechanisms of international protection of human right answer by affirmations. These allegations do not mean a definite putting aside of the institution, but a reiterations in a context whereby other mechanisms geared to protect human rights evaluate in an international system. What is the state of the law applied in the implementation of diplomatic protection? Do international instruments protecting nationals abroad exist apart from diplomatic protection?Could the principle of sovereignty be an obstacle for an individual or the state protector in the implementation of diplomatic protection? Could we talk of diplomatic protection while putting aside systematically the sovereignty of States? Does international protection of human rights compete with the exercising of diplomatic protection?
Kot, Jean-Philippe. "La condition de la personne privée dans le contentieux interétatique." Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32054.
Full textThe emergence of a real status for private entities is unquestionably one of the striking features of contemporary international law. International rules laying down individual rights multiply and irrigate all areas of the law. The technical structure of international law, based only on the formal relations between States, should nevertheless leave no room for the consideration of private entities. Indeed, in the traditional theory, the relations between the individual and the international legal order cannot be separated from the notion of State-screen. In a downward movement, this screen precludes international law from reaching the individual in the domestic legal order. In an ascending movement, it prevents the individual from getting out of the domestic order to act directly in the international legal order. As a result, before international Courts, the State, whether it seeks to have another State’s responsibility or a particular interpretation recognized, could only assert the defence or the recognition of its own right. Starting from traditional postulates, this study proposes a reflection on the contemporary relevance of this theory and confronts it with the diverse legal evolutions recorded since its doctrinal assertion and its case law confirmation. The analysis of the role played by private entities in the interstate proceedings as well as the influence of the consideration of private interests not only from the point of view of the triggering of the judicial proceedings but also from the point of view of the solutions adopted by the international judge to put an end to the international dispute allows to assert that the consensual conception of the State’s own right cannot prevail. Put in perspective by the recognition of individual rights of international origin and the recent international case law dedicated to them, the traditional theory reveals numerous anachronisms and seems to have to be refocused on the analysis of the State functions of protection of individual rights
Banga, Georges. "La CIJ et la protection des droits et des intérêts économiques des personnes privées : l'affaire de la Barcelona Traction." Thesis, Paris 5, 2014. http://www.theses.fr/2014PA05D009.
Full textThe notion of rights and economic interests protectable relocated internationally has clear links with international capital movements. And one cannot speak of these movements without mentioning the legal dispute which concerns internationally.Because these movements fall transfers of private capital and are subject to measures stress in the host country. But our subject is addressed in the context of proceedings brought before the ICJ that made this two important cases, namely the Barcelona traction judgment in 1970 and ElettronicaSicula judgment in 1989, which may be added a recent judgment long-awaited but disappointing, the Diallo judgment in 24 th May, 2007.The general aims of this study is to contribute to the reflection on the theme that fits in the context of international economic disputes of private origin and interested individuals who relocated their international activities. These shareholders persons or entities that issue long-term investments abroad. These are referred to as direct investment consisting in the provision of capital from one company to another, though the establishment of a foreign subsidiary, or increasing the capital thereof, the redemption a foreign company, the equity investment, the establishment of a foreign company with majority foreign shareholders company. Indeed, for the host countries, these investments are a factor of development. Because they are a method of transfer line technology. Foreign investors bring whith them innovative production techniques. Efficient organization methods and know – how which gradually spread to the entire country and will boost productivity. Consequently, these countries have imported technical progress without having to pay for it. Under these conditions the shareholders, which are other than direct investors are waiting for their insured internationally, security and freedom of economic activities. In addition, in the event of a dispute regarding the processing of their rights and economic interests of States where they are established, these economic actors rely on diplomatic and legal protection that the ICJ may decide against them. Finally, our research should be examined in this study, if the ICJ is a universal jurisdiction is the appropriate legal framework for resolving disputes resulting from international economic realities. Because we show that the concern for foreign investors’ concerns, first, the identification of protectable rights and economic interest in the jurisprudence of the ICJ on the hand, and the determination of the quality of state to the Court on the other
Palaco, Caballero Flor de María. "La Cour internationale de justice et la protection de l'individu." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA004.
Full textThe case-law of the International Court of Justice on the protection of the individual is in the process of paving the foundations for a full-scale reflection on developments which took shape after the Second World War. This gradual awareness emerged thanks to the parallel development of rules and principles of international humanitarian law and international law on human rights. Under the umbrella of a classical concept of international law, where the individual is subject to the will of a State, the Court, the main judicial organ of the United Nations, will gradually see the individual as the recognized beneficiary of international rights. Nevertheless, this will to be more inclusive, reflected in the establishment of a body of norms and principles applicable in any circumstance, finds itself torn between actual protection for fundamental individual rights and respect for the sovereign will of States parties
Kouassi, Améyo Délali. "La responsabilité internationale pour violation des droits de l'homme." Thesis, Poitiers, 2016. http://www.theses.fr/2016POIT3002.
Full textBeing probably one of the phenomena that has most marked international law since 1945, the internationalization of human rights has left marks that are noticeable in the international legal order, particularly in the international responsibility law. The present study aims to highlight the influence of human rights and the values they incarnate in the law of international responsibility. This influence has resulted in an objectification of international responsibility with the elimination of the damage as an element of that mechanism. In addition, human rights have contributed to prepare the ground for the emergence, consolidation and the gradual enrichment of the concept of erga omnes, factor favoring a multilateral approach to international responsibility. The influence of human rights on the law of international responsibility is mainly manifested through the ability now recognized to individual victims to have direct access to international courts to assert their rights. All these developments, which reveal the increasing importance given to the individual on the international scene and the desire to make the protection of human rights a concern for the international community, make the responsibility for violation of human rights a specific institution
Tavernier, Julie. "La réparation dans le contentieux international des droits de l’homme." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020063.
Full textThe reparation of damage caused to individuals is a former thematic issue of international law. However, its development has been studied only from the point of view of interstate relations as soon as the individual was conceived and treated as an object, not as a subject of international law. The change, brought by the international protection of human rights relating to the status of individual, in this legal order, suggests to re-open the debate on this matter. As a result, the compelling obligations undertaken by member states regarding international protection of human rights, should logically lead to the existence of an obligation for the latter to repair the damage caused to the private individuals. But identifying such an obligation remains delicate both with regard to his creditors and with regard to its scope. Its implementation is left largely with the hands of the judge. It is therefore difficult to find a genuine legal regime for the reparation of damages caused by the violation of human rights
Zambo, Mveng Jean-Claude. "La protection des travailleurs migrants au Cameroun et en France : étude de droit international et de droit comparé." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20012.
Full textAll over the world, the interests of people working abroad are at once unknown and disputed. The purpose of this study is to identify the lines of force behind, not without contradictions crisis or protect these people. Based on French and Cameroon law ( domestic and international ), the thesis seeks to demonstrate that, despite their belonging to different geographical areas and whatever their level of economic development, states provide legal treatment similar to migrants who are gainfully employed in their territory. The overall approach of taking into account the legal status of migrant workers is characterized by the gap between normative strengthening protection on the one hand and limited effectiveness thereof other. At first, strengthening of the law is deduced firstly from the diversity of legal rules applicable to migrant workers and the dynamics of interactions between them. Second, the strengthening of protection results with a capacity of enjoyment and exercise of rights by migrant workers more scope and a balancing (vertical or horizontal) rather harmonious recognized rights. In a second step, this normative consolidation of protection of migrant workers sentence to assert the facts. This is primarily due to the fact that the mechanisms of implementation of the rights of migrant workers are relatively unsatisfactory and that the actors involved in this protection are unequallyinvolved. The finding of limited effectiveness of the protection of migrant workers also stems from the diversity of obstacles to realizing the rights of migrant workers and to consider reforms in the context of a greater consideration of the rights of this category of people. In short, the study is a particularly current assessment of strengths and weaknesses of the law in both countries, so far as is concerned to safeguard the interests of this vulnerable category of people that are migrant workers. It helps to reaffirm the legal equality of individuals facing the screaming economic inequality states. This leads to the conclusion that in the field of protection of human, all states are, to varying degrees, on a training ground. That is,if the law itself is an ongoing issue for the protection of human rights in general and migrant workers in particular
Guichard, Pamela. "Arbitrage commercial international et intérêts étatiques. Avantages de la convention d'arbitrage internationale mixte." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3001.
Full textThe international commercial arbitration in which one party is a State party is as current as criticized. The State courts may have to give up exercising their discretion of the legal validity and the efficacy of the international commercial arbitration agreement, even if the latter does not conform to their national law. It is easy to understand the problem of legitimacy posed by this agreement opposite to the State party. The question of State interest in international commercial arbitration represents not only important legal issues but also economic issues for the State. The first part is dedicated to the study of the legal instruments favoring, in the interest of the State, the extension of the validity of the arbitration agreement towards the State; whereas the second part deals with the delicate questions raised during disputes which call into question the validity or the efficacy of the arbitration agreement, due to the allegations made by the public entity based on violations of certain national legal provisions or changes in economic or political circumstances. For a few decades, the jurisprudence and the French doctrine advocate that the arbitration agreement in an international contract has its own efficacy and validity. Our legal research has revealed the body of rules and principles basing the legal framework of the arbitration agreement detached of some link with authorities and with the national law. At the same time, we demonstrate the repeating ineffectiveness of the remedies sought on the ground of the conflicts of procedural legislations or by recourse to State court. This theory is particularly underlined when a public entity is a party to an international commercial arbitration. We critically analyze for the State interest, the exercise of diplomatic protection as a substitute remedy against the inefficiency or invalidity of the arbitration agreement. The exercise of diplomatic protection is highly subjective, because it depends simultaneously on the arbitrary judgment of the protective State with respect to its national and to the power of this State on the international scene. The economic operators are not on an equal footing while it is a question to rule the proper or improper performance of contractual obligations based on an international contract, because it is no longer a matter of an objective remedy through the right, but a matter of power between the States. This is all the more the case as the exercise of diplomatic protection has often leaded to inter-state conflicts. Our thesis defends the legitimacy, pertinence and advantages of the arbitration agreement through the kaleidoscope of many international legal sources and with regard to the prevalence of State interest. However paradoxical that might seem a priori, there is no paradox for the State to engage itself in a conventional manner to waive its discretionary power of domestic jurisdiction. On the contrary, the international economic relations are based on trust, morality and loyalty, and international commercial arbitration achieved that goal by providing an effective international judicial remedy for both parties
Sako, Cheick. "La sécurité et la protection des diplomates dans les relations entre états." Montpellier 1, 1989. http://www.theses.fr/1989MON10021.
Full textThere is an insecurity of diplomates which appears as well as for the diplomat as a person (under a form of attempt, kidnapping or murder) or for the diplamat's mission by the use of the messenger and the diplonatic bag and by the grant of retreat in his diplomatic offices. Therefore a better protecton for diplomates is necessary by the passage of several agreements and the use of rules of the international responsibility. But this conventional effort turns out to be inadequate, in spite of the wish of states for cooperating in order to fitht against any form of political violence
Chiraphong, Rippawat. "La question de l'extraterritorialité et ses conséquences judiriques successives concernant les protégés français au Siam, dans le cadre des relations franco-siamoise de 1893 à 1907." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCC296/document.
Full textThis thesis deals with the question of extraterritoriality (or protection) in Siam in the 1850s to the 1930s, particularly the years 1890 to 1910, characterized by an offensive foreign policy by France. Required by the colonial powers in order to protect their officials and employees and not to expose them to "barbaric" legal and judicial system, extraterritoriality was admitted by the Siamese authorities at the conclusion of the First Treaties with Western Powers (1855, 1856). After France had succeeded in taking over French Indochina, extraterritoriality became a colonization instrument. Following the creation of Laos and under the impulse of Pavie (1893), the French authorities demanded that all people from their Indochinese possessions and also those living in Siam were protégés entitled to the privileges and procedures of extraterritoriality. Opposed by England, the French saw a way to put Siam under supervision whilst at the same time ensure French controle over Laos and obtain the surrender of territories backing Laos and Cambodia (1904-1907). Thai-Franco relations subsided after 1907 with the issue of protection. This issue also constituted a powerful engine to the development of modern legislation, the drafting of which the French advisers brought an outstanding contribution, leaving a significant French influence in Thai Laws
Kevonian, Dzovinar. "Réfugiés et diplomatie humanitaire : les acteurs européens et la scène proche-orientale pendant l'entre-deux-guerres." Paris 1, 1999. http://www.theses.fr/1999PA010514.
Full textHow the development of the refugees issue at the beginning of the xxth century emerges in the field of international relationships ? Can we say that it starts a humanitarian diplomacy by peace time about refugees ? How the study of the middle-east and the plans settled by the league of nations explain the nature and the limits of this diplomacy ? The first part of our study is about the middle-east in 1918-1923. Refugees in cilicia, syria and lebanon take part in the french eastern diplomacy as an element in the military strategy, territorial rivalries, and the minorities "game" after 1921. In the second part, we are studying europe and geneva, and we are trying to analyse the evolution of the refugees issue (massive exodus, stateless persons, forced denationalisations, obligation of passeport) and the development of the humanitarian action. We describe the framework of the humanitarian diplomacy : high-commissionner of the l. O. N. , advisory committee of private organisations, and refugees service of the i. L. O. The third part studies the international settlement plans of armenian and assyrian refugees in syria and lebanon between 1927 and 1938, the intervention of the international red cross committee during the revolt of druzes (1925-1926), and the main elements of humanitarian network (protestant missions. International red cross committee, i. L. O. , l. O. N. , french office of l. O. N. ), with a special attention to fridtjof nansen and albert thomas. The conclusion underlines contributions of socio-history of international relationships, the study of networks appears as an important element in the analysis of international cooperation structures
Laourou, Eloi. "La négociation des conventions internationales dans le domaine de la protection de l'environnement : contribution à l'évaluation des déterminants juridiques économiques et politiques." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30032.
Full textHumankind is facing many environmental problems nowadays: diverse forms of pollution, climate warming, desertification, floods, waste accumulation, water scarcity, progressive extinction of animal and plant species etc. To deal with these problems, diverse activities and initiatives are carried out, at local, national, sub-regional, regional and international levels. Among these, is the negotiation of international conventions in the area of environment. The current thesis sets about two folds: firstly, it analyses the justifications of the negotiation as it lays on non-legal and legal determinants. Secondly, it assesses the negotiations issue as these are played between conflicts of interest and seeking of consensus. The thesis identifies elements, factors and key stakeholders that have effect on decisions and positions taken in the sphere of international negotiations. Thus, the negotiations of environmental treaties are both the expression of a classical practice for adopting international commitments and of a particular context for environmental thematic, at the crossroads, precisely of law, economy, politics and social. Then, it can be said that consensus more than confrontation, general principles more than strict obligations, are sought. The assessment to be made is that the negotiation of environmental treaties remains an activity which is not only useful but also necessary as it seeks to respond to the problems considered above, as they occur, looking for appropriate and strict legal frameworks
Bénichou, Léa. "« La más dificultosa y trabajosa de todas las demás » : l’ambassade d’Espagne à Rome sous Philippe III (1598-1621)." Thesis, Montpellier 3, 2016. http://www.theses.fr/2016MON30024/document.
Full text« La más dificultosa y trabajosa de todas las demás »: the Spanish Embassy in Rome in the reign of Philip III of Spain (1598-1621) Rome, spiritual centre of Christianity, modern Europe’s diplomatic capital, was crucial for the Catholic Monarchy. This thesis studies the Spanish diplomatic representation in Rome during this very specific period, in several aspects. The reign of Philip III of Spain matches with a charismatic renewal of the French presence in Rome, its capacity to compete with the Spanish power after the end of Wars of Religion. This reign will indeed usher in a new type of government thanks to the emergence of a powerful favourite, the valido. The monarch will agree to delegate him most of his power. Eventually, this period’s characteristic is the instauration of a peaceful period, known as Pax Hispanica, through which Philip III will end the conflicts its predecessor had opened with England and the Netherlands, whereas he must implement the Peace of Vervins he had signed with France before he sat on the throne. This thesis is focused on the analysis of the impact of such circumstances on the Spanish diplomacy in Rome and explains how the Holy See intervened in maintaining peace in Europe. This thesis accesses the Spanish Embassy close to the Holy See in order to understand how it works, its institutional aspects and materials. This analysis enables to understand the Spanish multiplicity of represented figures in Rome, among which we can distinguish, though very quite unknown, the Cardinal Protector of Castille Kingdom. Focusing on the activity of the six ordinary Ambassadors of the Monarch, this work highlights its information and clientele networks, and the strategies implemented to enforce Spain’s interests and to strengthen the Spanish faction of the College. Eventually, this thesis contributes to highlight the difference between the Spanish and Holy See international intentions during the specific period of Pax Hispanica
Fathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence." Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
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