Dissertations / Theses on the topic 'Responsabilité (Droit international)'
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Klein, Pierre. "Le droit de la responsabilité des organisations internationales." Doctoral thesis, Universite Libre de Bruxelles, 1996. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/212337.
Full textIbrahim, Youssef Ali. "Contrats internationaux d'Etat et responsabilité contractuelle au regard du droit international public." Nice, 1985. http://www.theses.fr/1985NICE0013.
Full textHajjami, Nabil. "La responsabilité de protéger." Doctoral thesis, Angers, 2012. http://www.theses.fr/2012ANGE0062.
Full textThe responsability to protect is a concept created by the International commission on intervention and state sovereignty (ICISS). Established in 2000 by the Canada, she tried to overcome the controversies inherent in debates on the "right of humanitarian intervention". In order to achieve this objective, the Commission has forged a new concept, the "responsability to protect", which would permit to reconcile, rather that to oppose the notions of sovereignty and intervention. Since then, the responsability to protect has been highly controversial in international law. Integrated in a resolution of the UN General assembly in september 2005, applied by the Security council during the crisis in Libya in march 2011, the concept is now at the center of debates relating to the legal framework of protection of civilians. This thesis intends to examine the various legal implications of the responsabilty to protect, opting for a positivist approach. Accordingly, a question will command all our thinking: the emergence of the responsability to protect did, in international law, led to an improvement of the protection of civilians?
Hajjami, Nabil. "La responsabilité de protéger." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209567.
Full textDepuis lors, la responsabilité de protéger a fait l’objet de vives controverses en droit international. Intégrée dans une résolution de l’Assemblée générale de l’ONU en septembre 2005, appliquée par le Conseil de sécurité lors de la crise en LIBYE de mars 2011, le concept se trouve, aujourd’hui, au centre des débats se rapportant au cadre juridique de la protection des populations civiles.
La présente thèse entend examiner les différentes implications juridiques de la responsabilité de protéger, en optant pour une démarche résolument positiviste. La réflexion proposée tente d’en embrasser les différents aspects, tant conceptuels qu’opérationnels, aux fins d’aboutir à une étude globale, synthétique et actualisée du concept. Partant, une interrogation commandera l’ensemble de notre réflexion: l’émergence de la responsabilité de protéger a-t-elle, en droit international, permis une amélioration de la protection des populations civiles ?
Doctorat en Sciences juridiques
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Liberti, Lahra. "Entreprises et droits de l'homme : le problème de la responsabilité entre droit international et droit interne." Paris 1, 2004. http://www.theses.fr/2004PA010286.
Full textPhilibert-Pollez, Damien. "La réparation dans le droit international de la responsabilité." Paris 5, 2006. http://www.theses.fr/2006PA05DO05.
Full textSimilar to civil liability under domestic law, the international law of liability is specifically and solely geared toward obtaining redress for harm suffered by victims of internationally illegal acts. While some learned commentators have attempted to “criminalize” the international law of liability, it must be noted, as evidenced by the International Law Commission’s attempts to codify the law in this area, that international substantive law has remained largely impervious to such efforts. Nonetheless, the fact remains that even without criminal sanctions, the international law of liability is a complex subject, primarily because the person owing a duty to remedy the harm is a sovereign State. It is further complicated by the fact that the person committing the harmful act must fully remedy the resulting harm or loss, making the best possible use of the available remedies, which include restitution, compensation and satisfaction
Nègre, Céline. "La responsabilité internationale pour les atteintes massives à l'environnement." Paris 10, 2003. http://www.theses.fr/2003PA100170.
Full textDiop, Abdou-Khadre. "Notion d'Etat en droit international et en droit européen : de l'impossible approche conceptuelle à la nécessaire approche fonctionnelle." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0618/document.
Full textExtending from the intuition that the concept of State in international and European law revealed various components, it is demonstrated that such intuition reflects the reality. Indeed, from one branch of another, we realize that the different legal orders we study, reflect a multiform face of State, a variable geometry. In exploring rules for imputation, rules for express the consent of State and rules allowing to link an entity to State, we have to admit that the concept of State can be defined through organic, material or factual criterion. Beyond this variability, it is appropriate to search the functional unit of the concept of State. We come therefore to the conclusion that the function of the concept of State is to serve the international and European legal orders requirement. The concept of State is used to serve a fixed objective, what explain his variable geometry. Thereby, our thesis is striving to demonstrate unity in diversity. It includes a theoretical proposal which is “the functional State” as watermark. “Functional State” is from our perspective an entity which is not State by statute but is State by functions. We target certain federal entities (such Belgium one’s or Quebec in Canada) and certain secessionist entities (as Turkish Republic of Northern Cyprus) or terrorist group (as Islamic State). This theoretical proposal does not extend to recognize such entities as States, but just to consider them as States on an ad hoc basis in the purpose to apply effectively and fully the international or the European norm
Jacob, Patrick. "L'imputation d'un fait à l'Etat en droit international de la responsabilité." Rennes 1, 2010. http://www.theses.fr/2010REN1G017.
Full textAs the State is only responsible for its own behavior, attribution of conduct to it plays a central role in the law of international responsibility. It is today subjected to tensions linked, on the one hand, to the evolution of structures, modes of intervention and place of the State in the international order, on the other hand, to the normative expansion and to the development of dispute settlement bodies. This thesis aims at determining, from a systematic exam of the practice of these dispute settlement bodies, if the conduct of the State appears to be, from the standpoint of the law of responsibility, a given, on which international law would have no taken, or a construction, modeled by international law according to its aims. This operation splits up into two successive stages. The first one is centered on the person or entity which acts, aiming at determining whether or not it is part of the State organization. The second focuses on the conduct at stake, trying to establish if it can be considered as a State’s one. Both stages reveal the role of international law in modeling the State, which then appears to be a concept
Zhekeyeva, Aiman. "La souveraineté et la réalisation de la responsabilité internationale des Etats en droit international public." Phd thesis, Université Paris-Est, 2009. http://tel.archives-ouvertes.fr/tel-00675942.
Full textCressent, Camille. "La responsabilité pénale des personnes morales pour violations graves du droit international." Electronic Thesis or Diss., Université de Lille (2022-....), 2024. http://www.theses.fr/2024ULILD008.
Full text“Crimes against international law are committed by men, not by abstract entities”. This famous Nuremberg statement forged the future of legal entities criminal responsibility for serious violations of international law. This choice to engage only individual criminal responsibility was made again in Rome, when the Statute creating the International Criminal Court was drawn up. Thus, whether at Nuremberg or The Hague, it is the directors of legal entities who are held liable. However, these crimes are unique: they affect humanity. This is why, to be punished, they must meet a dual requirement: they must be attributed to an individual, but they must also consider the intrinsically collective nature of the crime. It is not materially possible for a single individual to commit an international crime. These crimes require a form of planning on a necessarily supra-individual scale. Without this collective element, these crimes are no more and no less than ordinary crimes. Consequently, the rejection of corporate criminal liability for international crimes creates two paradoxes. The first is that these are collective crimes that cannot be attributed to collective beings. Indeed, over and above the need for a physical person to commit a crime, legal entities can be at the origin of the crime or benefit from it in some way. The second paradox lies in the fact that the criminal liability of legal persons is not an unattainable ideal. It exists in many national laws. The result of these two paradoxes is that the Nuremberg Declaration, set in stone, is not sufficient to combat impunity for the most serious crimes. States have had to find solutions to make up for this shortcoming on an international scale. These solutions can be applied at different levels: national, regional, or international. They are not global, in the sense of being universal, but they make it possible to apprehend certain situations that fall within their fields of competence
Mantilla, Martinez Marcela Ivonne. "La responsabilité des entreprises transnationales en droit international des droits de l'homme et en droit international humanitaire : le cas du secteur énergétique." Thesis, Paris 11, 2014. http://www.theses.fr/2014PA111009/document.
Full textSoft law mechanisms have played a central role in developing the current notion of the responsibility of transnational corporations in human rights as defined in the Guiding Principles on Business and Human Rights, an initiative approved by the United Nations Human Rights Council in June 2011. Corporate responsibility to respect human rights, as defined by the Special Representative, is based on social expectations rather than on legal obligations. It means that companies should “avoid prejudice to the rights of others and to address adverse impacts on human rights in which they are involved”. The limitations of this approach are important in medium and long term. Although the pragmatic approach adopted by the Special Representative has closed the international community debate on the Draft Norms on the responsibility for human rights and transnational corporations and other business enterprises, it also ends the chances of developing an international instrument requiring binding obligations in human rights for transnational corporations. Setting the notion of the responsibility of transnational corporations in human rights exclusively on social expectations seems unsatisfactory and dangerous towards victims of violations committed by these economic actors. Responsibility to respect human rights as defined today reinforces the acceptance of a system where transnational corporations are encouraged but are not compelled to respect human rights, a solution that leaves victims of abuse devoid of any legal action and redress. The purpose of this PhD thesis is to present briefly the evolution of the responsibility of transnational corporations in the energy sector in human rights and international humanitarian law from its origins to our days, as well as to understand the main limitations of the current concept in order to explore potential solutions
Prieto, Sanjuán Rafael Arturo. "Contribution à l'étude de la responsabilité internationale des entités non-étatiques participant à un conflit armé non-international." Paris 2, 2000. http://www.theses.fr/2000PA020094.
Full textFinck, François. "L'imputabilité dans le droit de la responsabilité internationale : essai sur la commission d'un fait illicite par un Etat ou une organisation internationale." Strasbourg, 2011. https://publication-theses.unistra.fr/public/theses_doctorat/2011/FINCK_Francois_2011.pdf.
Full textAttribution in the law of international responsibility is the body of rules which determines which behaviour of private persons may be regarded as an act of a subject of international law. This topic recently underwent important developments, in particular the questions of relations between a State and de facto agents or organs and of the responsibility of international organizations. International responsibility was dealt with by the International Law Commission and international courts, whose case-law gave rise to discrepancies exemplifying the difficulty in taking into account the diversity of States ways of acting. The topic of responsibility of international organizations requires studying specific questions, such as the mutual relations of control and power between the organization and its member states. These relations have consequences on the responsibility of international organizations and of the member states due to behaviour attributable to the organization. The topic of attribution implies to determine precisely which subject of international law has to answer for an internationally wrongful act. It is necessary to go beyond the mere attribution of facts and to consider the attribution of responsibility, in particular in the case of responsibility of international organizations. Indeed, international organizations and their member states frequently act through one another and thus, it is necessary to find out which subject answers for internationally wrongful acts
Taghipour, Bahram. "La responsabilité de l'arbitre (du juge privé) dans le droit du commerce international (droit français et droit comparé)." Dijon, 2013. http://www.theses.fr/2013DIJOD012.
Full textArbitration is a private justice for the settlement of disputes in the international trade. Arbitrator is a private judge. He accepts a judicial function by a contract. The arbitrator's contract is concluded between arbitrators and the parties of dispute. All (the) legal systems (common Law and civil Law) have been recognized this contract and the arbitrator's judicial function. But, the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, like the French law, when arbitrators fail to obligations born of contract concluded wih parties of the dispute, the arbitrators have civil responsability like each contractor. But, when arbitrators fail to duties caused by judicial function, they have (like judge) a judicial immunity from civil liability unless they commit major fault, intentional fault or fraud
Cassella, Sarah. "L' état de nécessité en droit international public." Paris 1, 2009. http://www.theses.fr/2009PA010297.
Full textBorges, Leonardo Estrela. "Les obligations de prévention dans le droit international de l'environnement." Paris 1, 2013. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/les-obligations-de-prevention-dans-le-droit-international-de-l-environnement-et-ses-consequences-dans-la-responsabilite-internationale-des-etats-51378.
Full textTzvetanova, Petia. "Recherches sur la satisfaction en droit international." Paris 5, 2011. http://www.theses.fr/2011PA05D010.
Full textThe present doctoral thesis analyses the evolution of the notion of satisfaction in international law. This notion is roughly classified today, in the totality of its concrete demonstrations, among the modes of reparation of the international responsibility law. Now, besides its "diplomatic" origins, very poorly legal, certain satisfactions tend today to free themselves from the other modes of repair. However, the main repair category still covers the great majority of the concrete satisfaction measures. By the light of these general observations, in the first part of this research work we compared the various forms of satisfaction with the notion of reparation in a first title, and with the other modes of reparation in a second title. The second part tried to explain the secondary characters and the object(s) of the satisfaction besides its first object which is the reassurance of one or several victims. Moreover, these secondary characters of some of the pronounced measures of satisfaction develop and enrich the legal regime of international responsibility law. Finally, the title on the satisfaction’s object allowed us to identify the numerous evolutions which affected the moral damage of the State in international law. The new trends having affected the cause of intervention of the satisfaction, also contribute to the understanding of its very heterogeneous regime. The current thesis tends to describe this regime
Kabbaha, Ahmad. "Le statut juridique et responsabilité des personnels des sociétés militaires et de sécurité privées en Droit international humanitaire." Thesis, Nantes, 2019. http://www.theses.fr/2019NANT3018.
Full textThe use of Private Military and Security Companies by contemporary States since the last twenty years is become more and more frequent. In the nineteen-nineties, many functions traditionally reserved to the regular armies the States were beginning to be exercised by such private companies. The majority of the contracts, which at that point could only concern either logistical or an administrative help, became substantial, even in armed conflicts. And the operatives of these companies became increasingly present in such armed conflicts. The question now is to ascertain the status which the men and women of the private military companies have. Are they mercenaries, soldiers or civilians ? What are their responsibilities as consequence of their status ? National and international law may be applied to the members of private military companies and their contractual partners. It is necessary to lay down that the employees of these companies are, or should be, subject to the norms of humanitarian law. Nevertheless there are some signs which indicate that the private military and security enterprises which are in some regions comply much less with international humanitarian law and human rights than the official police or armed forces. There will then be an examination of the private military and security companies which are operating in armed conflicts, in respect of their legal status; as well as the criminal responsibility of the members of the private companies in international law ; and also the liability of the private companies themselves and of the states which have contracted with them, as regards all of the illicit acts which they may have been able to commit through those they have employed
Maison, Rafaëlle. "La responsabilité individuelle pour crime d'État en droit international public : de la sanction pénale des individus par les juridictions internationales." Paris 2, 2000. http://www.theses.fr/2000PA020011.
Full textAlata, Ayham. "La codification du droit de la responsabilité des organisations internationales : étude des travaux de la Commission du droit international relatifs au projet d’articles sur la responsabilité des organisations internationales." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30078.
Full textThe international law has finally a set of rules on the responsibility of the international organizations for internationally wrongful acts. After 10 years of work, the International Law Commission was able in 2011 to elaborate a draft articles codifying the rules on the matter. However the task was difficult: subject these entities, whose nature and functioning is different from States to a single set of rules in the field of international responsibility. The purpose of this study focuses on the work of codification made by the Commission in the draft articles. This is specifically to analyze the techniques of codification used by the Commission in the elaboration of the applicable rules: is it a codification sticto sensu of the practice or a creation of new rules under the "progressive development" of the international law? The answer to this question presupposes to define the sources of codification in each of the provisions of the draft articles concerned, wondering if it embodies a well-established practice of international organizations, or rather a transposition of the rules of the draft articles on States responsibility, adapted to the features of international organizations. At present the authority of the draft articles does not seem to have unanimity, and in this context, the present study on the relation between codification and progressive development in the codification work of ILC can appreciate the substantial own authority of each provisions of the draft articles. Especially that no one knows if a codification convention will be adopted, which will set the provisions of the draft articles up as legally binding norms
Chaouch, Helel Adel. "La responsabilité pénale indirecte du supérieur hiérarchique pour violation du Droit international humanitaire." Nice, 2003. http://www.theses.fr/2003NICE0004.
Full textMauro, Cristina. "La responsabilité pénale des groupements dans l'espace international." Paris 2, 1999. http://www.theses.fr/1999PA020002.
Full textCiron, Nicolas. "L'assurance responsabilité civile automobile : approche de droit international privé et de droit de l'Union européenne." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010335.
Full textIssues related to international traffic related to the development of international trade and the free movement of person' trade. The development of trade was done despite differences in their respective legislation. International traffic with indeed lead to conflicts of laws that must be addressed by coordinating measures. It will also lead to conflicts of jurisdiction involving the determination of the competent court to adjudicate claims. The existence of this international traffic has created a regulation to achieve coordination between the various applicable laws and facilitate the process of the victim by avoiding recourse to a judge. Essentially private in origin, regulation evolves under the influence of European integration. The compensation of a victim process chronologically follows two steps. Firstly, it is to determine the law applicable to civil liability. This allows assessing the responsibility of the author of the accident and determine the quantum of compensation. Then he proceeded to its implementation by the insurer under an insurance contract. The content of the latter must comply with the laws governing compulsory insurance in the country of the accident whose function is to cover the amount of the debt liability. Coordinating the lex contratcus with the provisions governing compulsory insurance must be in favor of the lex loci delicti because it has the advantage of being neutral and predictable for all parties
Moréteau, Olivier. "L'estoppel et la protection de la confiance légitime : éléments d'un renouveau du droit de la responsabilité : droit anglais et droit français." Lyon 3, 1990. https://scd-resnum.univ-lyon3.fr/in/theses/1990_in_moreteau_o.pdf.
Full textWhen studied in its historical dimension, the english doctrine of estoppel does not anymore appear like a rule of evidence but like a rule of substantive law. It precludes a person from denying a representation he has made whenever another person has been detrimentally relying on the truth of this representation. Estoppel can then be featured as a key concept taking place at the core of the law of obligations, right in between the notions of tort and contract. Within this province of the law, judges tend to point out the necessity of protecting the reliance and expectations of parties reasonably acting on the faith of other parties acts or statements. A comparative study of how estoppel is applied both on its tortious side and on its contractual side reveals how much it is important to consider liability from the creditor's standpoint, a point of view too often hidden by the emphasis traditionally put on the debtor's act or assent
Amini, Sara. "Les ordres publics international et économique en droit international : entre confrontation et articulation." Paris 1, 2012. http://www.theses.fr/2012PA010284.
Full textEl, Kharraz Bashir. "La CIJ et la multiplication des juridictions internationales : réflexion sur les nouvelles tendances de la justice internationale." Strasbourg, 2010. http://www.theses.fr/2010STRA4002.
Full textThe idea of an international justice may not just be a mere fanciful idea of law which is set to supposedly govern the world human society. International law takes its raots positively and firmly in the various international tribunals that have been instituted for that purpose. The present study aims at throwing sorne lights on the current role of the International Court of Justice (ICJ) and the International Specialized Jurisdictions (ISJ). The study looks at new tendencies that have come to mark international justice both on an institutional and on a normative level. On the institutional level, international justice swings between two opposing directions, that of the complementary nature of international forums as between themsclves, on the one side, while on the other hand, these same forums emerge as competing against one another. International justice can therefore be ambivalent. LeJ and 15J may thus eitber complement each other or compete with one another. On the normative Ievel, contemporary international justice is faecd, first, \Vith the critical issue of the frugmentation ~f international law as a whole. Secondly, there is the issue of the need to institute unified interpretative approaches from the various forums concerned. As far as ICJ and ISJ arc concerned, they may contribute towards promoting a positive outcome in (J:clation to the fragmentation ofintemationallaw, but may deepen the concerns in relation to interpretative unity
Baj, Giulia. "Droit de la responsabilité internationale et sujets non-étatiques." Thesis, Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0016.
Full textArmed non-state actors (ANSAs) have recently emerged as relevant actors within the international scenario. In fact, they are often involved in armed conflicts and frequently control territories belonging to states. Nonetheless, a gap in the regulation of ANSAs by international law exists. International law, in fact, is traditionally produced by states to regulate themselves. The emergence of non-state actors, like ANSAs, creates an obstacle in the functioning of the traditional, state-centric international law. Another issue connected to the regulation of ANSAs regards their identification. In fact, ANSAs evolve rapidly and often present characteristics belonging to different subcategories of armed groups. This creates difficulties in their identification and the consequent possible involvement in lawmaking activities.However, international practice shows a more and more frequent involvement of ANSAs in processes of production of legal instruments, such as international agreements with state authorities and self-regulation instruments. Various theories have been submitted regarding the compatibility of this practice with international law. Taking into consideration the aim of international law of meeting the needs of the international community, the involvement of ANSAs in lawmaking activities appears theoretically justified.This is consistent with the development of international law in the regulation of ANSAs. To solve the difficulties regarding normative efficiency caused by the state-centric conception of international law, this state-centric approach has been abandoned and several provisions binding ANSAs have been adopted in several branches of international law. This practice has been theoretically justified as well.Considering the development of international practice and the theoretical approach based in the pursuit of the needs of the international community, it appears possible, both from a practical and theoretical perspective, to engage with ANSAs in activities of production of rules of international law
Mohamed, Abdou Mhoudine. "L'immunité des chefs d'État en droit international." Perpignan, 2005. http://www.theses.fr/2005PERP0593.
Full textThe issue of immunity for international heads of state is justified by the notion of equal sovereignty of states and the courteous relationship that must exit betetween states. The complicity of theis matter is further increased when it regards a head of state implicated in serious crimes. This subject was raised with the Pinochet case. A head of state received special treatment, which put him above foreign laws and the jurisdictional control of the courts. As a result, amendements made in immunity rights enabled the International Court of Justice to bring political officials who have committed serious crimes, crimes against humanity, genocide and ethnic cleansing to justice. This determination to figth against impunity is the fruit of the hard labour of cooperation between states and the International Court of Justice
Caicedo, José Joaquín. "La répartition de la responsabilité internationale entre les organisations internationales et les États membres." Paris 1, 2005. http://www.theses.fr/2005PA010251.
Full textAyari, Zied. "L'obligation démocratique en droit international." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE3083.
Full textSince the end of the Cold War, the mainstream scholars approach democracy as a political value which influences international law. This study analyses democracy as the content of an international obligation addressed to States to establish a political system based on free and fair elections, respect of political rights and the establishment of the rule of law. This tripod forms the constituent elements of the democratic obligation and gives it a composite structure. The chosen approach starts from the study of the obligation life cycle in international law, which comprises two main phases: the law-making process of the democratic obligation and its effects.The law-making process includes several stages ranging from the gestation of the democratic obligation to its formalization by the formal modes of production of norms in international law. Indeed, this obligation did not take form in the international legal order suddenly and similar to the Big Bang, but rather it followed a determined evolution.As for the effects generated by the democratic obligation, they have a dual nature: direct and indirect. The direct effects are normatively attached to the obligation in the sense that they create a legal duty addressed to States to establish a democratic government and trigger the implementation of the international responsibility of those who do not comply with it. The indirect effects have a systemic nature and ensure the social applicability of the democratic obligation by influencing the institutional and relational dimensions of international society
Balatana, Wilfrid Patchely. "La responsabilité de l'Etat du fait de la violation du droit international et communautaire par les juridictions étatiques." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32040.
Full textThe international responsibility has its origin in an international illegality in this case it is here that arising from the failure or inaction of the judicial apparatus in respect of domestic charge treaties and international conventions protecting human rights. The single source of responsibility is the violation of international law. It is necessary and sufficient that a State is objectively the case of a violation of international law for its liability. There exists, therefore this an unlawful violation of a rule of international law. What is objective is the causal link is therefore the method of imputation. In international law, as in Community law, the state is considered as a unit and all acts of its organs attributable to it, whetheir they belong to the legislative, executive or judicial action. In the Community legal national courts are undoubtedly as the last bastion of protection of rights that individuals derive Treaties. Failure in this area is a violation of Community law and is the responsibility of the Member State in question. The major work in this area remains the impetus of the European Court of Justice in national courts. Furthermore, the influence of European law is now a valuable asset on the liability of the state by the national courts. In addition, compensation for violations by the courts remains a fundamental process and appropriate for the courts
Bailly, Victor. "La cessation de l'illicite en droit international." Thesis, Paris 2, 2013. http://www.theses.fr/2013PA020055.
Full textThe obligation to cease a continuing wrongful act in international public law is, traditionally, conceived as a legal consequence of the international responsibility of the State, separate from the obligation to repair the injury caused by a wrongful act. In its 2001 project of codification of the responsibility of States for internationally wrongful act, the International Law Commission has formulated a rule linking the commission of a continuing wrongful act and the obligation to cease it. Still, studying the States practices, one can argue that, in the current state of international law, the obligation of cessation is not always distinct from the obligation to repair when reparation is a restitution in kind. It is also highly difficult to ascertain that a rule does exist, that would link a continuing wrongful act to the creation of an obligation to cease it. This study aims at showing that the traditional notion of cessation actually hides two obligations distinct by nature and at rejecting the notion that the obligation of cessation arises from the commission of a continuing wrongful act. The obligation of cessation, according to the circumstances, can be described either as an obligation of ceasing an illegal situation generally caused by an instantaneous wrongful act, or as an order to cease a behavior, which constitutes a continuing breach of an international obligation, by an international jurisdiction which has the power to order the enforcement of an obligation
Couveinhes, Matsumoto Florian. "L'effectivité en droit international public." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020058.
Full textThe principle of effectiveness suggests that facts have primacy over law. However the notion of effectiveness is paradoxically featured in international law itself. The meaning of effectiveness is the subject of much controversy due to the dichotomy between what effectiveness means in general and the actions taken to achieve it. The notion of effectiveness is, in practice, both contrary to and included in international law. For moral reasons, many international rules restrict the recognition of effective situations. Yet, in many cases taking effective situations into account is essential for the effectiveness of the law. In order to ensure compliance with the law, the States, judges and scholars may assess the facts as regards their “effectiveness”, without considering the rules which seem however to be applicable or the legal representations of these facts. However law is only partially excluded when dealing with the facts and the way it is done as well as the legal consequences of this exclusion differ according to political choices. That is why the use of the principle of effectiveness in international law cannot be considered as a mere registration of fact. In international law the notion of effectiveness has two main functions. Firstly, the effectiveness of power acts as a way of identifying subjects of international law which makes it possible to define the territorial and personal scope of their jurisdiction, makes them subject to international rules and pragmatically assesses whether they are liable. Secondly, the effectiveness of States' international claims or the effectiveness of some aspects of their national laws are used as conditions to assess their legal effects internationally. This research does not focus on the primacy of fact over law but shows the paradox between the practical requirements of an effective defence of legal certainty, justice and of peace
Juchs, Geoffrey. "Les relations de voisinage en droit international." Paris 1, 2009. http://www.theses.fr/2009PA010286.
Full textCocan, Silviana-Iulia. "Le dialogue entre juridictions et quasi-juridictions internationales de protection des droits de la personne : l'exemple de la prohibition de la torture et autres peines ou traitements cruels, inhumains ou dégradants." Doctoral thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/69901.
Full textDans l’ordre juridique international, les organes de protection des droits de la personne sont de nature différente, indépendants et non hiérarchisés. Le phénomène du dialogue juridictionnel est une pratique spontanée qui consiste pour un organe de protection à intégrer dans le processus d’interprétation d’une disposition donnée, des éléments étrangers à son système, qu’il s’agisse de décisions ou d’instruments de protection émanant d’autres organes. Dans cette étude, le dialogue est illustré avec la jurisprudence interprétée à l’aide de ces éléments extrasystémiques en matière de prohibition de la torture et autres peines ou traitements cruels inhumains ou dégradants. Cette interdiction est à la croisée du droit international des droits de l’Homme, du droit international humanitaire et du droit international pénal. Ainsi, les éventuelles violations peuvent engager, de manière complémentaire, la responsabilité internationale de l’État et la responsabilité pénale individuelle. Le dialogue jurisprudentiel est envisagé comme une technique interprétative permettant d’aboutir à des interprétations communes du contenu, du sens et de la portée de cette interdiction bien que ces interprétations partagées puissent être extensives ou restrictives. En effet, le dialogue permettra de mettre parfois en lumière des positions internationales communes justifiant des interprétations extensives en faveur de la personne humaine. L’interprétation unanime des rapports complémentaires entre droit international des droits de l’homme et droit international humanitaire ou à l’égard de l’application extraterritoriale des traités de protection des droits de l’homme a un impact sur les rapports entre systèmes juridiques et entre ordres juridiques. L’extraterritorialité élargit les espaces protégés par des instruments conventionnels, en contribuant ainsi à un renforcement de la perméabilité entre les normes internationales de protection des droits de la personne et une concrétisation de leur intérdépendance matérielle. Toutefois, le dialogue sera parfois un instrument d’éclairage des positions divergentes découlant de l’absence de consensus dans l’ordre juridique international. C’est le cas lorsqu’il sera question de déterminer précisément les effets d’une norme impérative qui se heurte à la règle des immunités en droit international. L’étude interroge l’étendue et la teneur du pouvoir juridictionnel dans l’ordre juridique international ainsi que sa capacité à aboutir à une convergence normative en matière de protection des droits de la personne, qui découle d’une convergence interprétative. La notion d’interprétation globale par contextualisation normative et systémique renvoie à la confrontation d’une disposition donnée aux autres normes internationales qui lui sont analogues et aux autres systèmes juridiques qui sont semblables au système d’origine de l’interprète, dans laquelle la disposition s’inscrit. Ainsi, il s’agit de montrer que les organes internationaux de protection des droits de la personne, malgré leur diversité, font usage de méthodes d’interprétation communes contribuant à définir le sens, la portée et le contenu des normes. Grâce au dialogue juridictionnel, ils s’inscrivent dans un processus d’autorégulation, entre autoélargissement de leur pouvoir d’interprétation et autolimitation de leur marge d’appréciation, par la confrontation aux éléments extrasystémiques. Implicitement, le dialogue joue le rôle d’un outil de régulation et de coordination qui s’impose spontanément dans la pratique interprétative des organes internationaux, contribuant à l’émergence d’un objectivisme jurisprudentiel. Ce dernier tend à s’opposer au volontarisme étatique dans un but de protection de l’ordre public international et de garantie des droits de la personne.
In the international legal order, international bodies protecting human rights are both of a different nature and independent. Indeed, a hierarchical principle of organization still remains unknown and multiple legal systems protect human rights. Judicial dialogue consists in referring to decisions or international instruments that are external sources to the system in which the international body has to exercise its power of interpretation. In this study, the example of the prohibition of torture and other cruel, inhuman or degrading treatments will be used to illustrate this spontaneous practice. This prohibition is at the crossroads of international human rights law, of international humanitarian law and of international criminal law. Therefore, its violations can both engage the international responsibility of State and the individual criminal responsibility.Judicial dialogue is seen as an interpretive technique, allowing to reach common interpretations of the substance, the meaning and the scope of this prohibition. Nevertheless, the use of external sources does not always lead to extensive interpretations since it can also highlight disagreements in which case restrictive interpretations are inevitable. Sometimes, this spontaneous practice will show the existence of international common positions regarding certains aspects of human rights. It is the case regarding the entrenched consensus of the complementarity between international human rights law and international humanitarian law and concerning the extraterritoriality of human rights treaties. This acknowledgement expands States jurisdiction and strengthens the protection offered to the individuals, while increasing interactions between international legal systems protecting human rights and therefore showing a state of substantive interdependence. The lack of consensus in the international legal order will be the ultimate limit to constructive judicial dialogue. Indeed, the latter will emphasize divergent positions in matters of interpretation. One of the most significant examples is the trouble to determine precisely the effect of peremptory norms such as the prohibition of torture when it encounters immunities in international law. This study also questions the content of the international judiciary and its capacity to reach a normative convergence through the use of external sources that shows an interpretive convergence in the first place. The notion of global interpretation through normative and systemic interactions means confronting international legal norms which are similar, even though they were adopted separate and independent systems, in order to reach a better interpretation. This study attempts to show that even though international bodies rotecting human rights are quite different and formally independent, they tend to self-regulation by using external sources. Indeed, the spontaneous practice of judicial dialogue will allow both a process of self-limitation by referring to other sources in order to interpret a given legal provision, since it means including optional limits to the margin of appreciation. At the same time, the use of external sources will also lead to a self-expansion of the possibilities in matters of interpretation by taking into account solutions that were found by other legal interpreters in comparable legal disputes. Therefore, it appears that the international jurisprudential dialogue can both contribute to coordinate and harmonize the application and interpretation of international human rights law.
Tamamian, Kegham. "L' immunité d'exécution de l'Etat étranger en droit international." Paris 10, 2000. http://www.theses.fr/2000PA100052.
Full textGérard, Caroline. "Obligation de vigilance et due diligence en droit international public : la responsabilité de l'Etat pour les dommages ne trouvant pas leur cause directe dans son fait illicite dans l'ordre juridique international." Paris 1, 2009. http://www.theses.fr/2009PA010290.
Full textRenaudie, Virgile. "L'articulation du droit international et du droit français : illustration par les responsabilités du militaire et de l'Etat français en cas de commission de crimes contre la paix et la sécurité de l'humanité." Limoges, 2005. http://www.unilim.fr/theses-doctorat/2005LIMO0504/html/index-frames.html.
Full textThe establishment of the International Criminal Court, on July 1st 2002, is the outcome of a movement for prosecution of international law crimes, initiated at the beginning of the 20th century. The establishment of this jurisdiction according to the standards of criminal law, and the identification of a tough core crimes and values are real factors for a transformation of international society. They encourage to revalue the degree of evolution and the rules of functioning. The example of the responsibilities of the military and the french State in case of perpetration of crimes against peace and security of humanity makes a hypothesis which allows to appreciate the challenges that national and international institutions will have to take up in a very particular field. The increasing relationships between international society and national societies points at interactions between the rights and the institutions. This fact prompts to consider a new definition of juridical systems concerning the responsibility of the individual and of the State, as well as the articulation of various interacting rights and the possible rationalization of the cooperation between national and international jurisdictional structures
Guiziou-Péronne, Géraldine. "Les cyberdélits et le droit international privé." Thesis, Paris 1, 2013. http://www.theses.fr/2013PA010341.
Full textThe study focuses on the analysis of three different types of cybertorts : defamation, violation of the right to privacy and copyright infringements occurring on the Internet. Cybertorts are a recent phenomenon challenging conflict of laws rules. The difficulties arising from the application of traditional rules to these specific torts justify that a new way to deal with them be adopted as regards conflicts of laws rules and rules for jurisdiction. The proposals are dual. The first one builds on the difficulties of localization of cybertorts to suggest a new method. The positive methods based on an objective localization or on the target or destination of the website are inadequate. The study proposes a fictitious localization of cybertorts. The second one, building on the difficulties encountered by the victims of cybertorts when they act for the defense of their rights, suggests that they should be granted some protection. Indeed, the analysis shows the existence of an asymmetric relationship between the victim and the online intermediaries and the tortfeasor. Some protective rules appear to be necessary to strike a fair balance between the parties
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 textAparac, Jelena. "La responsabilité internationale des entreprises multinationales pour les crimes internationaux commis dans les conflits armés non internationaux." Thesis, Paris 10, 2019. http://www.theses.fr/2019PA100031.
Full textThe nature of armed conflict has shifted significantly in recent decades, becoming increasingly asymmetrical. Multiple studies show that more a state is rich in natural resources, the more likely it is to suffer a long-term internal conflict. Amongst different actors, multinational (or transnational) corporations contribute directly and/or indirectly not only to the conflict, but also to the crimes that may then arise. Private military and security companies, extractive industries, and private financial institutions are particularly likely to be involved in criminal conduct. The first part of this thesis examines the progressive crystallization of substantive law and the foundation of the theory of international responsibility of multinational corporations for international crimes. Unlike the traditional state-based approach of public international law, international humanitarian law, which is applicable in times of armed conflict, places clear and binding legal obligations on non-state actors, and thus also multinational corporations. As a result, this law, as well as international criminal law, can be a foundation for the international responsibility of multinational corporations. This postulate has been accepted since the Nuremberg trials, which for the first time dismissed the principle of societas delinquere non potest and recognized the role of corporations in armed conflict. Despite the proliferation of soft law initiatives relating to corporate social responsibility, it is clear that these are insufficient as they fail to take into account situations of armed conflict. In addition, to justify the applicability of international humanitarian law to corporations, the research identifies the status of companies, their obligations, the consequences of violations of these obligations and establishes the modalities of the attribution of the crimes to the corporations, and analyses the direct and indirect forms of participation of the multinational corporations in the crimes. The second part of the thesis explores possibilities for the implementation of corporate responsibility before international mechanisms and tribunals. In particular, the author is studying the option of engaging the responsibility of multinational corporations before the criminal mechanisms, including before the International Criminal Court (with the amendment of the Rome Statute). Finally, the thesis ends with a study of mechanisms that do not fall under the criminal logic. Therefore, the author is exploring the most suitable opportunity before various institutions specialized either in human rights or international economic law. The author completes the study with a consideration of the documentation of corporate crimes, either through official investigations or by those conducted by civil society and People’s tribunals. The author concludes that the path of international criminal procedure is the most appropriate for the implementation of the responsibility of multinational corporations for their participation in international crimes without excluding other existing competent mechanisms that may constitute complementary proceedings
Leborgne, François. "L'action en responsabilité dans les groupes de contrats : étude de droit interne et de droit international privé." Rennes I, 1995. http://www.theses.fr/1995REN11021.
Full textThis thesis aims to propose , on the basis of the international private law, a new organization of the liability into the "contract's groups". The nature of the "contract's group" is today the single criterion of the nature of the liability into the "contract's group". This criterion would deserve to be replaced by the criterion of the damage's nature: all actions concerning personnal injury or damage to property other than the product itself would be submitted to a non-contractual liability, while actions concerning damage to the product itself (i. E. The cost of the pump) could be submitted to a contractuel liability, whichever the parties in the process have ou haven't a contractual relationship. The private international law has already adopted this new organization : the nature of the damage is already important for the european jurisdiction rules and is essential-on account of the hague product liability convention - for the choice of law
Karimzadeh, Meibody Anahita. "Les enfants soldats : aspects de droit international humanitaire et de droit comparé." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA003/document.
Full textThe uncontrolled spread of the phenomenon of child soldiers culminated in such a point during the 1990s that the international community was forced to strengthen the protection of children by introducing additional safeguards for children affected by armed conflict. Some of the main explanations for the rise of the phenomenon of child soldiers have been: areas of political instability, conflicts and almost universal impunity in cases of serious human rights violations. The objective of putting an end to the illegal involvement of children in armed conflict required close cooperation between all states concerned. Yet, legal complications did not take long to appear. Moreover, the diversity of legal systems and the variety of doctrinal approaches to the definition of the term "child" made a consensual approach difficult. The international criminalization of recruiting children, defined as a war crime, was just the beginning. The issue of justice in countries emerging from conflict is still relevant today and the adoption of other forms of justice is essential in the process of reconciliation and reintegration of former child soldiers. The criminal accountability of child soldiers is examined in its dual aspect of victim/executioner, addressing some emblematic cases
Ali, Mohamed. "L'arbitre international et les contrats entre Etats et entreprises privées étrangères." Montpellier 1, 1999. http://www.theses.fr/1999MON10044.
Full textLaporte, Anne. "Essai sur les conditions de la responsabilité pénale des chefs d'état et de gouvernement en droit international public." Le Mans, 2000. http://cyberdoc.univ-lemans.fr/theses/2000/2000LEMA2001.pdf.
Full textGiven the gaps within the international legal order, precise conditions of a criminal responsibility of heads of states or governments are emerging. Although it is still impossible to establish an autonomous principle for this responsibility, the mIes regarding its theoretical basis and its practical application include some peculiarities from which an autonomous principle could result in the future. As far as the theoretical basis is concerne d, it has to be considered in the light of an international community, where heads of states and governments are granted a single customary status, because they are in charge of full state power. This status is not always a protective shield for the sovereignty but on the contrary reduces their immunities. More than any other organ the head of state or government "is the state" itself. The imputation of their crimes, which though personal faults, are related to their functions, implies a paradigmatic analysis of the connection between state and individual responsibilities leading to a combination of these responsi bilities. As for the practical application these "offences against good governance" (e. G. War crimes, crimes against humanity) refer to a violation of a standard defined as threats to international peace and security. Therefore this particular criminality raises mixed political and judicial reactions. An effective repression still depends mainly on the political will of the states and the UN Security Council : the possible solution lies in an international justice - though uncertain - complementary to internaI jurisdictions suspected of partiality
Fattal, Raghid. "L'évolution de la responsabilité du transporteur maritime de marchandises dans le droit international." Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010299.
Full textThe principle of the contract for the carriage of goods is to carry them from place to another. This contract is different from other similar contracts, like the Contract of Tonnage and the Charter Contract. Some International Conventions have created imbalance between the carrier and the shipper. In order to avoid this imbalance, the international legislator has created multiple Conventions. The latest Convection was the "Convention of Contracts for the International Carrying of Goods Wholly or Partly by Sea''. The Rotterdam Rules adopted on December 11. 2008 by The UN General Assembly in New York. The main advantages of the Rotterdam Rules are the world reunification of the law of carrying, the rebalancing of shipper's interests and the carrier's interests, the use of one contract for the whole carrying of goods and the modernization of the law of carrying by sea
Piacitelli-Guedj, Aurélia. "Le droit international privé de négociation précontractuelle." Thesis, Paris 11, 2012. http://www.theses.fr/2012PA111019.
Full textIn a context of globalization, facing increased trade and the increasing complexity of international contracts, pre-contractual negotiations take a special dimension: creating new obligations, stretching the length of talks, multiplications of preliminary contracts, are leading to transform this simple transition in a primordial stage of contracts. The different phases of negotiation between international partners and will generate interest litigation private international law.Indeed, the legal negotiation differs from one legal regime to another. Common law countries adopt an individualistic principle for talks with extensive contractual freedom, whereas civil law circumscribes the freedom of contract in respect of a duty of good faith. Therefore, it is essential for the parties to know with certainty the law applicable to their pre-contractual relationship.However, the existing conflict rules, supposed to guarantee the legal security of the negotiating parties by ensuring predictability solutions are not appropriate at this time. In this perspective, the purpose of the research focuses on considering the specificities of the pre-contractual period and issues of private international law relating thereto and attempts to provide effective responses by providing conflict rules adapted to ensure legal certainty aspired parties to the negotiation
Fares, Philippe. "La Communauté internationale et la lutte contre le terrorisme." Strasbourg, 2009. http://www.theses.fr/2009STRA4013.
Full textThe fight against terrorism for decades is a major concern of the international community. Taking account of this struggle began in 1937 when the League of Nations discussed a charter for the prevention of terrorism. After 1945, the United Nations form the essential framework of the struggle that intensified after the bombing of Munich in 1972, and each will react to terrorist activity by the adoption of international conventions. However, the impact of 11 September 2001 and they have driven developments in the fight against terrorism on the evolution of the international legal order is to say the least. On the one hand, international law appeared to the States as an instrument of choice to organize the suppression and prevention of acts of terrorism and significant legal developments have occurred in this context. On the other hand, however, the international legal system has suffered since the beginning of the new millennium, a "test case" unprecedented, the relevance of some of its most basic standards being very seriously questioned by various states with regard to the requirements stated in the fight against terrorism
Mahiques, Carlos Alberto. "La Responsabilité des personnes morales en droit international pénal : vers la pénalisation du politique ou l'État comme nouveau sujet de droit pénal." Poitiers, 2011. http://www.theses.fr/2011POIT3011.
Full textThis thesis deals in particular with international criminal law and intends to contribute to determination of a responsible legal person in public law, by reflecting on the protected legal interests committed by the State itself. .