Dissertations / Theses on the topic 'Responsabilité internationale de l’Etat'
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Edouard, Régis. "Les obligations internationales de l’Etat d’accueil d’un investissement étranger et leur sanction dans l’ordre juridique international." Thesis, Paris 10, 2017. http://www.theses.fr/2017PA100153.
Full textFor the conduct of a foreign investment’s host State to be governed by international law is only conceivable insofar as its sovereignty is limited, since the issue is the sanction of the failure of that State to fulfill its obligations. The latter results from a mostly bilateral treaty practice embodying treaties which contain material provisions. The “internationalization” of the legal regime of an investment is not excluded as a means to create obligations, but only occurs through provisions with such an effect. The main characteristic to this fairly uniform treaty practice is the development of rules limiting the need for interpretation around a core set of standards amplifying it. This, as well as the arbitral interpretations, may reflect a desire to “consolidate” the international minimum standard. If the attribution of conduct to the host State does not raise any unprecedented issue, the establishment of a violation by that State of “what is required of it” reveals singularities in this field. The characterization of circumstances precluding wrongfulness in an emergency situation may prove problematic, as the risk that arbitrators may ignore the logic of the law of responsibility is omnipresent. Apart from these situations, it is possible to imagine hypotheses in which wrongfulness is precluded due to the consent of the State of origin or the investor. The injury sustained by the latter, which is the subject of full reparation due by the responsible State, constitutes “injury caused by the internationally wrongful act.” It is immediate and direct. The investor, entitled to invoke the responsibility of the host State, has access to an international claim which eclipses that of his State of nationality. The prospect of an espousal by the latter of its national’s claim increases the effectiveness of the investment treaties
Radoi, Aurelian Radu. "La responsabilité internationale indirecte de l'État du fait des particuliers." Electronic Thesis or Diss., Strasbourg, 2023. https://publication-theses.unistra.fr/restreint/theses_doctorat/2023/RADOI_Aurelian-Radu_2023_ED101.pdf.
Full textThe law of State responsibility is rooted in the principle that a State is only responsible for the acts of its own de jure or de facto organs. However, certain rules of attribution can lead to the responsibility of the State for acts perpetrated by individuals with whom it is legally or factually connected. Despite this evolution, there is still a significant responsibility gap when a private actor is involved. In the absence of specific rules of attribution, due diligence obligations fill the shortcomings of classic attribution rules. Cyberspace presents new challenges, and the law of State responsibility has to adapt in order to avoid other gaps in responsibility. One solution would be the integration of the concept of complicity in the relationship between a State and a private actor
Kodmani, Ahmad. "La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français." Thesis, Angers, 2015. http://www.theses.fr/2015ANGE0044/document.
Full textThe question of the state’s responsibility towards international engagements is subject to jurisprudential evolutions. In 2011, the Counsel of the State dedicated the responsibility without fault due to the international customs. These dedications provoked a debate about the founded assimilation between the responsibility of the acts of laws and the responsibility due to the international conventions. Concerning this, one must turn to the past: the system of responsibility based on the occurrences of international conventions inaugurated with the stop of the company of radio electric energy. In 1966, the Counsel of the State overtook the problem of the theory of government act and constituted a system of responsibility based on the principle of equality before the public charges. The rule of reparation is not destined to repair the damages directly resulting from the convention, but those caused by its application. It only concerns the abnormal and particular damages. This state of responsibility was accepted under the close terms of the system of responsibility on the acts of laws.Today and with the jurisprudential evolution, a disassociation operates between the responsibility of actions on international engagements and the responsibility of the acts of law. It seems possible to sanction independence from the system of responsibility of actions of international engagements and that of law
Raspail, Hélène. "Le conflit entre droit interne et obligations internationales de l’Etat." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020096/document.
Full textAt first sight, international obligations define real actions of States. Domestic law seems, from certain points of view, unable to affect them. However, the mere enactment of national legal acts, understood by international law as immediate realizations of individual situations, may be amount to a breach of these international obligations. Without any enforcement, an international wrongful act will be exposed. Nevertheless, some domestic norms will still be very abstract from an international point of view. Their creation and maintenance in force can’t be seen an international failure rather a risk. Thus, our task will be to find some other kind of State’s obligations, that relates specifically to a given state of general domestic law. An international wrongful act will be then constituted by the very existence of a national norm, if its state is not the one required by international law. Still, the question of State responsibility for such actions, which don’t cause any concrete injury, has to be answered. The more abstract domestic law is, the furthest responsibility will be from a restorative dimension. Responsibility will only be aimed at protecting the international rule of law for the future. Finally, this leads us to the question of the implementation of this responsibility, since classic international litigation law can prevent a claim against domestic law as a wrongful act. This challenge is easily overcome as long as an individual legal act is at stake. On the contrary, a claim against the fact of a general norm is, on different levels, far more difficult to present before international courts. Today however, some international tribunals go beyond this frame, urging States to adapt their domestic law, following the new exigencies of international law
Alhmri, Abdalbast. "La responsabilité internationale de l'Etat pour fait colonial." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10412/document.
Full textColonization may not be considered an illicit act from the standpoint of international law? The answer to this question is different depending on the temporal restraint. Colonization has been in the past, justified by human considerations and even humanists. Subsequently colonized territories, facing the evolution of international law on the one hand and various recommendations from other people, have acquired a certain autonomy, which has been recognized by international law. Thus, the settlement which had long been exalted became illegal, and many resolutions have been taken in this direction. We can cite for example the resolution of the UN General Assembly 1514 (1960). As compensation for damage resulting from the settlement under the juridiction of international tribunals. Such compensation may take the form of compensation, restitution and satisfaction and the implementation of the responsibility?
Finck, 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
Akpomey, Honoré. "L’Etat de droit au Bénin : une délicate concrétisation." Thesis, Perpignan, 2015. http://www.theses.fr/2015PERP0012.
Full textThe theme of Rule of Law has been particularly popular since the 80’s. No State can be internationally respected nowadays if it does not expressly declare itself to practice a Rule of Law. It is now admitted in sub-Saharan Africa and in Benin that the State can no longer function only through violence in the name of development. The constituents and populations decided to go from an arbitrary power where everything is permitted to a State that agrees to be limited by the law and to respect it, in other words, a Rule of Law.Benin has proven its adherence to the idea of Rule of law since its National Conference held in Cotonou from 19 to 28 february 1990 and the adoption of its new Constitution on 11 december 1990, followed by the “jurisdictionalisation” of the political sphere through the creation of the Constitutional Court that every citizen can refer to. This thesis presents the history of the consolidation of the Rule of Law in Benin and points out its weaknesses. The Justice and Rule of Law are only relatively effective. Patrimonialism and corruption prevail
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
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
Nègre, Céline. "La responsabilité internationale pour les atteintes massives à l'environnement." Paris 10, 2003. http://www.theses.fr/2003PA100170.
Full textAkpomey, Honoré. "L’Etat de droit au Bénin : une délicate concrétisation." Electronic Thesis or Diss., Perpignan, 2015. http://www.theses.fr/2015PERP0012.
Full textThe theme of Rule of Law has been particularly popular since the 80’s. No State can be internationally respected nowadays if it does not expressly declare itself to practice a Rule of Law. It is now admitted in sub-Saharan Africa and in Benin that the State can no longer function only through violence in the name of development. The constituents and populations decided to go from an arbitrary power where everything is permitted to a State that agrees to be limited by the law and to respect it, in other words, a Rule of Law.Benin has proven its adherence to the idea of Rule of law since its National Conference held in Cotonou from 19 to 28 february 1990 and the adoption of its new Constitution on 11 december 1990, followed by the “jurisdictionalisation” of the political sphere through the creation of the Constitutional Court that every citizen can refer to. This thesis presents the history of the consolidation of the Rule of Law in Benin and points out its weaknesses. The Justice and Rule of Law are only relatively effective. Patrimonialism and corruption prevail
Dannenberg, Gesa. "Protection internationale des droits de l'homme et responsabilité de l'Etat devant la Cour internationale de justice." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020040.
Full textThe increasing number of human rights based claims before the International Court of Justice raises the question of their implementation in the framework of generalist and interstate litigation. The procedure of the Court has been thought and conceived for the defense of subjective interests of States. Therefore, the Court seems unable to take into account the complex legal relationships in which lies State responsibility for “internationally guaranteed human rights” violations and its scope, limited to bilateral responsibility amongst State parties. But, instead of conceiving the legal connections in dispute as to the only State parties or as external to the individual, the Court endorses a correlation approach. Tripartite relations emerge between the State perpetrator of the human rights violation, other States which are equally creditor and bearer of the obligations infringed and the individual who holds the rights. However although the Court is ready to clarify or even conceptualize the legal relationships involved, it does not distort its traditional judicial function. While the individual is taken into account in the incurrence of State responsibility it is nevertheless marginalized in its implementation, which continues to be centered on the State and defined by public international law. This particular conception of State responsibility for human rights violations underlines that it cannot be reduced to the relation between the individual and the State, for which other selfless States would stand guarantor as the most, but that it also and directly determines interstate relations
Bassel, Mohammad. "La responsabilité pénale internationale des chefs d’état pour les crimes les plus graves qui touchent la communauté internationale." Thesis, Poitiers, 2014. http://www.theses.fr/2014POIT3017.
Full textThe status of the Head of State and governments, which was already no longer an insurmountable obstacle to prosecution since Nuremberg law, has emerged as a threatened bastion. The traditional principles of international law as the immunity of Heads of State, the protection of the representative function and state sovereignty allowed the rulers to escape criminal prosecution. International law, which is simply analyzed as an interstate law, has undergone profound changes. This right is no longer limited only to States: new topics as new emerging areas of competence (areas of competence or fields of jurisdiction). Individuals have taken an increasingly important role in the international law with the concerns of humanity to prevent atrocities which the world has already known on the occasion of various armed conflicts. The responsibility of the Head of State is therefore no longer a matter of a domestic order, but also an international one, with the emergence of a new branch of international law: international criminal law. New trends in the international criminal law, marked by the increasing demand for dealing with the most serious crimes, henceforth oppose to the classical conception of immunity that has prevailed for a long time in the international legal order, and aim at reducing the State cause. This movement starts from the idea according to which "we can no longer accept the idea of immunity when a crime is committed that undermines the very foundations of the international community and revolts the conscience of all mankind." This awareness of the incompatibility between immunities and human rights is developed through the evolution of the international protection of human rights in favor of "immunization" of the regime of immunities of rulers, State bodies responsible for serious violations of international Law. Despite some misgivings, the criminal responsibility of the Head of State is a reality that should be universally endorsed and supported
Nakanabo, Diallo Rozenn. "Politiques de la nature et nature de l’Etat : (re)déploiement de la souveraineté de l’Etat et action publique transnationale au Mozambique." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40012/document.
Full textMozambique is a donor darling since independence in 1975, and more particularly since the Peace Agreement in 1992. As far as nature conservation is concerned, international donors take part to policymaking, including law making and daily management of national parks. Policymaking is thus transnational: narrations, funding and exogenous actors underline it. This work analyses this phenomenon at the top of the state, that is taking specifically into consideration administrative elites working in the tourism ministry (which is in charge of conservation matters) and in two national parks (Gorongosa and Limpopo). Thanks to a sociological study of policymaking, we show how Mozambican elites are located in a grey zone: they respond to donors (such as the World Bank), which pay them, but they are at the same time bound to the party-state Frelimo, at the head of the country ever since independence. Their mastery of donors’ worldviews goes together with the affirmation of a state’s perimeter of competences. In other words, our hypothesis considers these elites as taking part to the transnationalisation of policymaking, but simultaneously as asserting the state as a central actor, in spite of its weak capacities. In a counter-intuitive way, the state domination process can take place in an aid regime, which can even give birth to a (re)deployment of state sovereignty
Dreysse, Daphné. "Le comportement de la victime dans le droit de la responsabilité internationale." Thesis, Paris 2, 2019. http://scd-rproxy.u-strasbg.fr/login?url=https://www.dalloz-bibliotheque.fr/pvurl.php?r=http%3A%2F%2Fdallozbndpro-pvgpsla.dalloz-bibliotheque.fr%2Ffr%2Fpvpage2.asp%3Fpuc%3D5442%26nu%3D233%26selfsize%3D1.
Full textResponsibility in International Law upholds that the obligation to make reparation lies with the perpetrator of an internationally wrongful act, and consequently, the injured subject - the person seeking reparation - is often relegated to an afterthought, reduced to the position of "a victim" entitled to full reparation. Yet, in practice, the conduct of the injured subject is significant and thus brings a critical discussion, suggesting that it is far from being a trivial matter brought in defense either by the perpetrator of an internationally wrongful act to escape responsibility and consequences, or by the injured subject to justify his conduct in response to the alleged wrongful act. The conduct of the injured subject is inclined to produce an effect on the preliminary phase and the merits, and appears to be always pertinent when assessing and determining responsibility in International Law cases. Does this allow to speculate on the existence of specific rules applicable to the injured subject because of his claim and thereby hints at the existence of a condition or statute of the injured subject ? This is not so. If the conduct of the injured subject is always taken into account, it is precisely because it constitutes an ordinary fact, analysed and qualified as any fact on the basis of a general rule. In this sense, the condition of "injured subject" is unremarkable/indifferent. Thus, and in the same way that there is no statute of "wrongdoer" in international law, there is no condition or statute of “injured subject”
Ndzengone, obame Thérèse Flore. "La responsabilité internationale des Etats de protéger les personnes et leurs propriétés." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0009/document.
Full textThe States have legal obligations to protect the persons and their properties. That legal obligation is based on the international Conventions. But The States or the officials behave like the private persons, they contract The State Contracts, etc.., and, Those States breach the attributes or the feature, or the characteristics, of the rule of law of Universal Nature. they fail to perform the universal law or the universal principles. To seek personal profit do not surbordinate the protection of the Human Rights. Thus, the weak people have their universal law violate, those who are not strong, children and unarmed civilians are the victims of the internationally wrongful act or the internationally wrongful act of the state, and the real authors are never accused. The interference has its meaning in the rule of law, but the peaceful settlement of conflicts seems to be better characterize the judicial principles and international law, when weak people with an universal character becomes victim of internationally wrongful acts or victims of the irregular colonial or neocolonial systems, so the mimicry of French legal institutions by the French-speaking States of Africa, or the mimicry of American legal institutions by the English-speaking States of Africa, is the mimicry that loses its universally real meaning. Indeed, the rule of law has become a simple sentence, so that the universal right has a challenge
Nesi, Jacques. "Haïti à l’épreuve de la démocratisation : faiblesse, reconstruction et réinvention de l’Etat, 1986-2004." Thesis, Antilles-Guyane, 2014. http://www.theses.fr/2014AGUY0849/document.
Full textWhat does explain the weakness of a State which has committed more than 20 years to break with the practices of authoritarianism and neo-patrimonialism? Why the promises of a successful democratization, despite the massive support of the actors of the “international society” paradoxically led to the destabilization of the State in the context of recurrent crises? These are the key questions guiding this research, whose ambition is to study the processes by which elites and the Haitian masses appropriate democracy. From this point of view, democratization is analyzed as a political and institutional resource claimed by them as convincing evidence of their adherence to democratic grammar. Therefore, it is scrutinizing the winding roads and chaotic way borrowed by democratization in Haiti, by querying various striking sequences of Haitian political history. Emphasis is placed on the importation of institutional technologies of Western origin, particularly during the period opened in 1994 with the resettlement of Jean-Bertrand Aristide in his duties as president and on the period which starts in 2004 with his forced departure from power. These two historical sequences, underpinned by plans for the reconstruction of the State, are marked by the mobilization of various resources, with a view to laying the foundations for new political and economic governance. They also define a field of conflicting representations, characterized by competition between Western States and the struggle for the distribution of power between the international organizations and local elites issues.The analysis of the process of democratization leads to paradoxical representations: the exacerbation of violence, the updating of authoritarianism, the multiplication of deviant situations arising from the strategies of local actors. The latter are trying to escape from the constraints imposed by external actors involved in order to punish, to arbitrate and to impose decisions on the factions struggling for power. Thus, democratization goes hand in hand with crises of adaptation, contradictory phases of re-composition, hybridization of the imported institutions and, sometimes with circumvention of the standards and procedures. Between internal and external actors are settled and organized interactive dynamics that influence the State of which the final configuration is far short of the objectives set out through the aimed reforms. In order to better highlight the distinguishing features of this State forged in uncertainty and vagueness, the thesis proposes to analyze the dynamics and historicity of Haitian society, privileging, the hypothesis of the reinvention of the State. Paradoxically, the State may be the product of process of violence and the chaotic part that includes the situation in Haiti can conceal the beginning of its construction
Hammash, Abdelsalam. "Les nouvelles formes d'administration internationale par les Nations Unies." Nancy 2, 2004. http://www.theses.fr/2004NAN20009.
Full textCaicedo, 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 textCasiez-Piolot, Lenaïg. "La responsabilité de prévenir." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0329/document.
Full textThe responsibility to protect is a concept that is often associated with intervention, understood as the use of force against the State sovereignty. In reality, the responsibility to protect is divided into three distinct components: the responsibility to prevent, react and rebuild. While most studies focus on the reactive element of the responsibility to protect, this study will focus on the preventing aspect of this concept. Built on the report of the International commission on intervention and state sovereignty and the 2005 World summit outcome, the responsibility to prevent proposes a model for the prevention of mass crimes. This is based on a specific process within which operators are in charge of prevention, and act according to an identified mechanism. This formal model of the responsibility to prevent makes it possible to foresee it as a true tool of an international law of prevention. A review of the assessment of the responsibility to prevent highlights both the apparent successes and also the more discreet achievements. Even more than a visible factual result, the responsibility to prevent is a real addition to the existing law. It provides a complementary approach to prevent and reinforce the obligation to prevent genocide, as it appears in the 1948 Convention on the prevention and punishment of the crime of genocide
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 textDe, Mesnard Adele. "Déplacements environnementaux et peuples autochtones : repenser la responsabilité des Etats et de la communauté internationale." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3032.
Full textThe protection of the rights of indigenous peoples, who are displaced by environmental degradation, is a theme that has received little attention in most of the work on environmental displacement that tends to conceptualize displacement in an abstract way. The particularities of indigenous peoples' environmental displacement require analysis in the legal, political and social contexts in which they occur: this framework makes it possible not to isolate the environmental factor but to specify its importance in view of the particular relationship that indigenous peoples have with the land and their environment and their claims to be able to freely decide their future. Taking the indigenous communities in Alaska as an example, the analysis of the legal and institutional obstacles to the recognition of indigenous particularities in displacement then makes it possible to consider the role of the law in maintaining the status of indigenousness and the perpetuation of the status of the indigenous land in the territory of destination. The mobilization of the various corpuses of recognition of the rights of indigenous peoples under international, regional and domestic law (American law) allows for a re-reading of the obligations of States in the implementation of indigenous rights in the light of the unprecedented context of their environmental displacement, while demonstrating the importance of not locking indigenous peoples into a “legal straitjacket” that would lead communities to no longer being recognized as indigenous when being displaced
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
Bertrand, Laure. "Responsabilité Sociale de l’Entreprise et Développement Durable : les représentations sociales des salariés d’une multinationale. Contenus des représentations sur la RSE et facteurs d’influence : Une étude internationale : France, Mexique, Pologne." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10052/document.
Full textThis qualitative research, grounded in the interpretivist paradigm, examines the diverse interpretations of Corporate Social Responsibility (CSR) and how this concept contributes to creating Sense within organizations, more particularly among their employees. The purpose of this research is twofold. Firstly, it aims at exploring the content of the employees’ social representations of CSR (definitions, opinions, images, associations of ideas). Secondly, it aims at highlighting how the employees’ social context influences their representations of CSR.This study takes place within the same company, the Danone group (a multinational agri-food company), and within 3 different foreign subsidiaries: France, Mexico and Poland. The population predominantly originates from Marketing departments. The data was collected in English and in French, through in-depth interviews conducted with 49 employees in the three countries. The employees’ discourses were analysed with the content analysis method and with the help of the NVivo9 software, based on the principles of the grounded theory.This research demonstrates the flexibility of the CSR concept, as each employee is able to customise this concept. It also highlights the similarities and the differences in the importance attributed by the interviewees to the various dimensions and stakeholders of CSR, i.e. employees, providers, consumers, communities and the Environment. Finally, this research shows how representations of CSR emerge within pre-existing frameworks such as the company itself, the specificities of the country, the employee’s personal values or the profession in question
Ouedraogo, Ahmed Sidwaouga. "Les états africains et la justice pénale internationale." Le Havre, 2013. http://www.theses.fr/2013LEHA0005.
Full textThe International Criminal Court is the symbol of the international criminal justice because it is the first international permanent criminal jurisdiction in the world. Furthermore, the African States represent the most important group in term of members States. However, the international criminal court prosecutes only individuals, responsible for the violation of international humanitarian law and international human rights law. And since the beginning of the Court activities, African citizens were prosecuted and the first condemnation of the International Criminal Court is about an African. Then, due to these situations, some opinions inside African States think that the Court was created for Africans. The international criminal justice is not limited to the International criminal Court and has implications in global skills such as democracy, good governance, human rights and peace. The African States particularly suffer for lack of democracy and the international criminal justice is a way for these countries to develop themselves by building peace and justice
Hoss, Cristina Maria. "Vers un contrôle de la légalité internationale : la réparation du préjudice immatériel dans la responsabilité des Etats." Paris 2, 2005. http://www.theses.fr/2005PA020062.
Full textSainovic, Ardijan. "Acteurs locaux et acteurs internationaux dans la construction de l’Etat. : Une approche interactionniste du cas du Kosovo." Thesis, Bordeaux, 2017. http://www.theses.fr/2017BORD0765.
Full textHow can international actors build legitimate institutions following intra-state conflict? In other words, what factors determine the outcome of post-conflict statebuilding? On the one hand, the dominant approach, termed "technical", argues that significant resources (financial, human and political) allow international actors to build the required institutions. In Kosovo, international actors have established an international administration with executive powers, extending and sustaining resources throughout process. However, the success of statebuilding generally is mixed. On the other hand, the so-called "liberal peace" paradigm affirms that liberalization (political and economic) is a contributing factor to the limited success of post-conflict operations because it is either misapplied, illegitimate or even dangerous for societies emerging from violent conflicts. The liberal peace approach neglects these facts and ignores variations in international intentions. It is based, as is the technical approach, on an implicit (erroneous) assumption of an asymmetry in power relationships in favor of international actors. The result is that, these approaches fail to acknowledge the possibility of local actors resisting international standards and objectives.To explain variations in the success of statebuilding, we present an alternative theoretical model where a multi-level, sequential approach is modeled to a two-level game. Our thesis is as follows: variations in the statebuilding success are the function of strategic interactions, themselves determined by changes both in preferences and the power relationships between international actors and domestic political elites. Statebuilding is seen here as an interactive process, potentially linking three key actors who dominate any post-conflict political landscape. In unique conditions, no statebuilding process or international reforms need pose a threat to the political power of local elites - power derived from two pillars, i.e. nationalism and informal practices. Rather, international actors mobilise sufficient resources to induce local elites to adopt and implement the desired reforms.However, the preferences of the actors are very rarely aligned. In the case of Kosovo, it has been shown that international statebuilding has been instrumentalized and undermined by divergent and contradictory preferences among key actors. The international actors’ desire was to create a democratic and multinational state, but they opted for stability instead because they had to deal with local political elites - Kosovar-Albanian and Kosovar-Serb. The latter were concerned about maintaining their power over, and domination of, their group over others as well as maintaining leadership within their own group. This has led to a multiplication of authorities and a fragmentation of legitimacy: two distinct political and social systems persist, preventing the development of a cohesive and multinational state. While EU intervention has brought about a game change and helped to calm the situation on the ground, tensions persist, reaffirming the compromise that has taken place
Castro, Nino Natalia. "Du dommage aux lésions collectives : recherches sur des concepts adaptés aux enjeux contemporains de la responsabilité internationale." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D057.
Full textThe emergence of international responsibility as an autonomous field of study in International Law has compelled the international legal doctrine to devote considerable attention to damage and injury. However, during the last decades, scholars have progressively abandoned the cross-sectional analysis of these concepts in order to further focus on specific injuries and damages suffered by States or individuals. This rift has thus Ieft a blind spot in the analysis of international practice: the study of injury and damage whose victim is neither a public nor a private person, but rather a "collective entity" integrated by either, or both, public and private actors; an entity which cannot be simply reduced to the addition of its components. To take into account the injury and the damage -suffered by entities such as the family, peoples, humanity or the international community - is indeed one of the main challenges that faces international responsibility in the near future. In order to suggest a new category which allows for an overall analysis of such injuries and damages, it is necessary to clarify the conceptual framework of both, injury and damage, within the framework of international responsibility. This clarification leads to the conclusion that, in addition to damage, international responsibility also takes into consideration a purely legal injury which is inherent to the internationally wrongful act. Damage and legal injury can be qualified as "collective whenever they infringe collective rights, interests or goods. Specific effects result from this kind of injuries and damages in particular with regard to the invocation as well as to the legal consequences which arises from international responsibility
Lesaffre, Hubert. "Le réglement des différends au sein de l'O. M. C. Et le droit de la responsabilité internationale." Paris 10, 2007. http://www.theses.fr/2007PA100039.
Full textThis paper deals with the treatment of the responsibility of the States members by the dispute settlement bodies of the WTO. It particularly emphasizes the opinion expressed by literature which present the system as being both specific and independent from the common law for international responsibility. However, a compared analysis of the basic elements of responsibility in WTO law and in international public law, including source, content, and implementation, shows that such a premise, if not erroneous, is to be put into perspective. The system is not so specific, and not so self-contained. On the contrary, it relies on the mechanisms of international responsibility, and while adapting them to its own goals: the respect of the rule of law, as a guarantee of the balance between concessions and advantages
Aparac, 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
Alabd, Hatem. "La responsabilité de l’Organisation des Nations Unies dans le cadre de la protection internationale des Droits de l’Homme." Thesis, Grenoble, 2014. http://www.theses.fr/2014GRENA003.
Full textIf you could take one thing from our thesis is the following: the responsibility of the UN in the protection of Human Rights was born without actually due, it is an indirect responsibility: Here are the director of this thesis online .Throughout the foregoing, we have tried to take on the UN responsibility for the international protection of human rights.The purpose of the analysis was both to define the content of the concept of UN responsibility, any legal basis and its implementation
Abu, Khater Yasser. "Essai sur l'affaire des otages (personnels diplomatique et consulaire) des États-Unis à Téhéran et la responsabilité internationale." Rouen, 1993. http://www.theses.fr/1994ROUEL182.
Full textIn this essay, we aimed at highlightening the comlexity of international responsabiliy in relying on a and the consular staff). To begin with, there is no doubt that the responsabilit of Iran is obvious if we consider conventiona and customs (especially the international islamic law). Iran was not able to protect the hostages where the so-called "islamic students" attacked the American embassy and consulates. And a more serious point is that susbsequently the Iranian government did not hesitate, on political grounds, to take the resposibility for the kidnapping of the hostages. Actually, this case cannot be studied judiciously unless we resort to politics. The stormy relationships between both nations since the coup d'Etat of 1953, as well as the necessity of safeguard for the Khomenist revolution lead the analystn to underline the relationships between international law and politics. Consequently we shoud keep in mind the causes -that- might have cancelled ,or at least lightened, the
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 textAggar, Samia. "La responsabilité de proteger : un nouveau concept ?" Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0434/document.
Full textInternational responsibility is a set of consequences connected to the violation ofinternational obligations, this being the legal ties which bind a subject of international law toadopt a defined way of behaving towards another or others or to abstain. If there is illicitconduct the International Community can intervene, which is often named “right ofintervention”. The latter hasrecently developeda new terminology introduced in the (ICISS)report: “responsibility to protect”. It is a concept according to which the sovereign states havethe obligation to protect their own populations against large-scale catastrophes.From theperspective of going beyond the opposition between sovereignty and intervention we willanalyse the behaviour of the International Community faced with the “responsibility toprotect”, its incumbent role when the state fails in its obligations.Aside from its creators itremains to be seen who will benefit from this protection, its implementation and its limits. Ifthe notion of the “responsibility to protect” not only constitutes new terminology, does itchange an issue already raised by the “right of intervention”: military deployment with aimswhich are not purely military?
Tougas, Marie-Louise. "La prise en compte normative internationale des activités des sociétés militaires privées dans les zones de conflit : entre incertitudes et responsabilités." Doctoral thesis, Université Laval, 2011. http://hdl.handle.net/20.500.11794/22450.
Full textEynard, Manuel. "La métamorphose de la justice pénale internationale. Etude des fonctions judiciaires de la Cour pénale internationale." Thesis, Université Côte d'Azur (ComUE), 2016. http://www.theses.fr/2016AZUR0022.
Full textThe progressive legalization of the international society has generated a similar fundamental issue: the implementation of the international law by international courts and tribunals. A slow and relentless judicialisation of international relations has been observed, to the point that there are different providers of the same international judicial function, competent on a large majority of areas of international law.Because of peculiarities inherent to the international legal order, the outlines and content of international justice are different from those of the internal justice. They respond to varying driving forces which determine the conception of international courts and the notion of justice that they are mandated to render. These forces are constantly changing, along with the ongoing transformation of the international legal order. Indeed, the international judicial phenomenon is subject to several dynamics. Through the case study of the International Criminal Court, the essential aim of this study is twofold. First, it is to demonstrate the great diversification of international criminal judicial functions. Some of them crystallize serious disagreements, within the doctrine as to the staff of the Court and Legal Advisors to States. It is therefore necessary to research and examine the elements by which the Court exercises its various judicial functions. The thesis takes a position on each of them. On the other hand, the analysis aims to expose the existence of a metamorphosis of international criminal justice. This requires highlighting two dynamics: the expansion and the development of the international criminal judicial function, and thus unveiling a general dynamic of enrichment of international justice
Gebre, Emnet Berhanu. "La protection internationale des personnes déplacées par les changements climatiques." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10014.
Full textClimate change is one of the major issues of the 21st century which poses significant challenges to the international community as a whole particularly to the Southern States. Beyond the physical disruption that climate change causes, its impacts on man – most notably the displacement of population that it will likely trigger − raise several legal issues. Despite the significant importance of the flow of highly vulnerable persons, there is currently no statutory recognition of persons displaced by climate change by the international law. Considering the multidimensional and cross-cutting nature of the issue, and in the absence of a special legal protection, it was essential to question the different existing protection regimes. At the crossroad of several branches of international law, notably, refugee law, disaster response law, environmental law and human rights law, the international protection of climate displaced persons is difficult to be fully guaranteed. The partial and fragmented character of the protection obligates us to search for ways to overcome the identified legal shortcomings. Indeed, the displacements induced by climate change represent the very essence of all the legal and ethical problems that climate change poses. Though this global phenomenon is primarily attributable to the industrial activities of a small group of States, its adverse effects are taken on large group of States who remain extremely helpless in this situation due to their notably low adaptive capacity and level of economic development. The quest of international liability proves to be laborious in the face of the many legal impediments that are currently in place. Consequently, prospective thoughts related to the formulation of a specific international protection are necessary
El, 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
Gbandi, Karlo Kondi. "La prégnance des Droits de l'Homme dans l'Ordre "juridique" économique international : contribution à l'étude de l'identification des nouveaux processus de création de la norme et des nouvelles formes de Responsabilité Sociale des Entreprises." Thesis, Université de Lorraine, 2015. http://www.theses.fr/2015LORR0227.
Full textIn a world increasingly dominated by economic exchanges and excessive financial services, and against the background of the unbridled economic globalization with all its consequences that this brings about in the society and in its environments, there are fundamental human rights which have been boosted in parallel direction, and ostensibly advocated for, on the international scale since the early 1990s especially. The former, i.e. the world of business which concerns the current international economic sub-system and the latter i.e. the human rights pertaining to international juridical sub-system of the protection the fundamental human rights have witnessed difficulties in interacting since the end of the Second World War. But this is not the will of the United Nations Charter which lays emphasis on the respect of human dignity the efficiency of which is possible only thanks to the assessment of the different programs of economic development.However, the different infringements to basic human rights and to the environment by businessmen in the process of their activities aroused reaction from the international civil society, especially the NGOs which, in the turn, awaken consciousness on the “economization” of the society, thus on the impacts of economic activities to all the actors of the international law. This consecrated the birth of a juridical consciousness which emanates from various horizons – as from the international community (case of the assessment of various mechanisms of the responsibility empowerment of international economic Organizations and multinationals with soft law tools of the United Nations, OECD, ILO, ISO with regard to the latter), of the international doctrine, of national as well as international jurisdictions, and States –for an efficient empowerment of businessmen or economic operators. It is therefore a matter of controlling, of regulating, considering that human rights constitute the source of the right to actions of the business agents
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 textRafaly, Vonintsoa. "La conservation des ressources halieutiques en haute mer : du régime classique de la responsabilité à la responsabilisation des états." Thesis, Nantes, 2020. http://www.theses.fr/2020NANT3003.
Full textDoes everything have to change for everything to stay as it is ? The Law of the Sea is subject to continuous development to maintain the balance between freedom of resource exploitation and emerging environmental pressure. But does everything has to change ? The aim of this study is to get to the heart of the matter, especially regarding state responsibility in the conservation of marine biological resources in areas beyond national jurisdiction. Between crisis and evolution, the law of the sea has to find its feet regarding the challenges the international community is facing. In order to maintain a sustainable conservation of resources, the consideration of common interest and environmental requirements has led to a reconceptualisation of state responsibility, where international cooperation has its importance. The Law of the Sea has thus made their own and updated some international law and environmental law concepts, through emerging mechanisms to initiate new forms of state responsibility
Renaudie, 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
Lachal, Doriane. "La protection internationale des personnes vulnérables déplacées." Thesis, Paris 11, 2013. http://www.theses.fr/2013PA111011.
Full textThe international community considers some displaced persons as irregular migrants. This study demonstrates that the departure is undeniably forced concerning three groups of people : the persons fleeing blind violence and the collateral effects of an international or non international armed conflict, the persons fleeing man-made or natural environmental disasters, and the persons fleeing difficult economical or social situations. The classical approach of public international law based on distinct categories does not guarantee effective protection to these persons. As no particular international status is given to these persons, they are in a situation of vulnerability. In which way an effective protection could be a guarantee to these vulnerable displaced persons? Currently, most of the States defend a safe approach, strictly controlling the management of migration flows and applying more or less protective international legal instruments. Complementarity of different legal systems (international refugee law, international humanitarian law, international law of human rights) is therefore necessary and a broad interpretation of existing texts is recommended. To overcome the shortcomings of positive law, the use of the concept of vulnerability, crossing different situations, is invoked, in order to exceed the traditional categorical approach. Not yet recognised as a source of international law, the term “vulnerability” has become an essential notion on the international scene in recent years. It appears occasionally in conventional instruments and is frequently used in soft law. It has been gradually developed through the international and regional jurisprudence and also by the doctrine. The discourse of humanitarian organizations and the media often refers to the notion. The development of the concept of vulnerability in soft law, specifically in the shape of guidelines would ensure a better protection of vulnerable displaced persons. In this regard, guidelines could prevent people fleeing, grant a temporary or a permanent status and provide dignified reception conditions in the host States or regions. This instrument of soft law would be used as a guide for States subsequent to the adoption of protective binding rules. The distinction between vulnerable displaced persons and particularly vulnerable persons has to be taken into account at this stage. Furthermore, the responsibility of the authors who have contributed to the forced displacement or who have committed atrocities against the displaced persons should be brought before the international, regional or national judicial authorities, in order to fight against impunity. Consequently, a fair compensation for the damage suffered must be guaranteed to these persons
Armbruster, Néda. "La réception de règles de droit exogènes : l’exemple de la mise en jeu de la responsabilité sans faute de l’Etat du fait de ses actes normatifs en France et aux Pays-Bas." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20019.
Full textThe aim is to analyze the junction of general principles of law at European level. this study is limited to the general principles of the right to these two legal cultures, to the principles accepted by the jurisprudence and imposing itself on the administration and its relations with individuals. it will thus be necessary to answer several questions, including: do general principles of law really tend to converge? Is it necessary to detect a uniformity of law under the influence of the general principles of European rights or does it make it possible to emphasize that certain principles are "universal"? if not, why do certain principles remain specific to certain legal systems? should we not see in European rights the possibility of enriched by the general principles of rights of extranational origin? but also to share the general principles of French law? /
Hadadah, Ali. "L'impact de l'ouverture internationale des industries polluantes sur l'environnement : vers une contestation du phénomène de "Havre de pollution"." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32051.
Full textFor a long time, the policies of environmental protection were accused of being the cause of important relocations, entailing the risk of the « environmental dumping » and the appearance of the phenomenon of the « pollution haven ». It is this theory that we will take issue in this thesis by demonstrating that even it is exact in exceptional cases, it is not any more in most of the cases and it is because of several mechanisms which have relation with the nature of environmental policies, the structures of the market and the intern composition of companies. We are going to study factors encouraging multinationals to relocate. In addition, we are going to demonstrate the impact of these factors on the concentration of the polluting industries and consequently on the appearance of the phenomenon of « pollution haven » (Chapter 1). Then we will explain the ineffectiveness of the public interventions to resolve the environmental issues and the necessity of the social responsibility of companies as condition of success of environmental policies (Chapter 2). Finally, we will contradict the existence of « pollution haven » and we will verify that the environmental protection and the economic competition can converge in a way that the one be the condition of the success of the other (Chapter 3)
Belbenoit-Avich, Pierre. "Contribution au bilan des tribunaux pénaux internationaux pour l'Ex-Yougoslavie et le Rwanda : la responsabilité pénale internationale individuelle : les crimes de guerre." Montpellier 1, 2008. http://www.theses.fr/2008MON10002.
Full textThe international criminal tribunals for the Former Yugoslavia and Rwanda, created by the Security Council on the basis of Chapter VII, are intrusted with the responsibility to work towards peace building and security in the Balkans and the Great Lakes region. They constitute a crucial resurrection of the principle of international criminal law, fifty years after Nuremberg and Tokyo. Faced with the weakness of the legal sources, the judges had to put together a scheme in order to administer justice. Naturally, they turned down functional immunity as well as justifications connected with law authority and superior orders. Their case law follows a strict policy as for duress and state of necessity. The three configurations of joint criminal enterprise integrated by the Appeal Chamber in the TADIĆ case and the responsibilisation of superiors intend to target “true” responsibilities and to act as a deterrent at the same time. Furthermore, in order to define war crimes, the international criminal tribunals had to analyse – and affirm – the “state” of the customary international humanitarian criminalized law concerning international and internal armed conflicts. The purpose of this thesis is to emphasize the strong determination of their case law, which will inspire the International Criminal Court
Kim, Seok Hyun. "L'attribution d'un fait à l'Etat aux fins de la responsabilité internationale à la lumière des travaux de la commission du droit international des Nations Unies." Paris 10, 1991. http://www.theses.fr/1991PA100079.
Full textIn the present study, we clarify the operation of the attribution of an act to the state for the purpose of international responsibility, analyzing the jurisprudence, the practice, the doctrine for that matter, and examine on this basis the works accomplished by the international law commission with a view to the codification of responsibility of states. In the part I, we study the general orientation of the works, examining the methodology of the commission and the conceptualization of the attribution by the ilc. The part ii concerns the extension by the ilc of acts attributable to states. If we accept the enlarging by the commission of the scope - ratione personae- of responsibility of states, we criticize the position of the ilc who envisages nothing but act representing the exercise of governmental authority. In the part iii consecrated to the study of the principle of non-attribuability to the states of acts adopted without regard to state functions, reaffirmed by the ilc, we remark the fact that the commission aims, in matters of acts of private persons playing a role of catalyzer of responsibility of states. Only to private acts committed on their territory, excluding those adopted outside the territory of the states, but under their control
Duffourc, Marie. "La participation a l'infraction internationale." Electronic Thesis or Diss., 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”)
Sarajlija, Sanja. "La Bosnie-Herzégovine et le juge international : Les individus de l'Etat face à la justice internationale." Strasbourg, 2011. http://www.theses.fr/2011STRA4008.
Full textFurther to serious violations of international humanitarian law committed in the territory of the former Yugoslavia, the Security Council established the International Criminal Tribunal for the former Yugoslavia. The jurisprudence of the tribunal concerning the territory of Bosnia and Herzegovina was particularly important for its contribution to international criminal law. Crimes committed in Bosnia and Herzegovina have not been treated only with regard to individual criminal responsibility, but also in relation to State responsibility. On 26 February 2007, the International Court of Justice issued its judgment regarding responsibility of Serbia for genocide committed in Bosnia and Herzegovina. The International Court of Justice has provided many details on the matter. Thus, for crimes committed in Bosnia and Herzegovina during the armed conflicts, international justice is faced with many complexities. Indeed, in this case, there is the relationship between individual criminal responsibility and State responsibility
Duffourc, 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”)