Tesi sul tema "Règlement de conflits – Coopération internationale"
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Saho, Jumaa. "Les conflits de frontières au Moyen-Orient depuis 1945 et leurs modes de règlement internationaux". Aix-Marseille 3, 2008. http://www.theses.fr/2008AIX32075.
Testo completoFor a comprehensive treatment of crucial relations between the Middle East states, the boundary conflicts provides essential reading for all who seek an understanding of the consecutive crisis in this region. This study is organized around two essential ideas : the causes of the boundary conflicts in the Middle East and their methods of settlement in international law. Two factors are considered to be the origin of these conflicts, the role of the European Superpowers (United Kingdom and France) and the role of the Minorities in the process of frontiers demarcation and the Middle East state's formation. Nonetheless, after the independance of these States since 1945, other elements raised and complicated the solution of these conflicts, especially oil resources distribution and the control of water resources. Although the analysis of the States policy in the Middle-East proves that they use to adopt political settlement to resolve theirs conflicts (negaciations, resorting the regional and international organizations), otherwise the "juridictionalisation" of frontiers conflicts (the Court of arbitrage and the International Court of Justice), remains the best mode to find a pacific and final solution to achieve Peace in the Middle East region
Ionesco, Laure. "Le règlement du contentieux dans le domaine de la communication internationale". Montpellier 1, 1988. http://www.theses.fr/1988MON10027.
Testo completoInformation and communication came to the forefront of international debate in recent years. Political, economical and juridical disputes have invited the field of international communication. International and regional law are insufficient or inadequated to the new problems. An important contentious is dividing the states because of the inefficiency of the information and communication regulation. International and regional settlement mecanisms are not adapted to the communication specific disputes ; they cannot resolve the communication contentious issues
Dramé, Omar. "Le rôle historique et actuel de la francophonie dans le règlement des conflits". Thesis, Toulouse 1, 2017. http://www.theses.fr/2017TOU10012/document.
Testo completoThis thesis deals with the historical and current role of the Francophonie in the resolution of conflicts. The challenge is to study the contribution of the international organization of the Francophonie in the conflict resolution processes that shake the Francophone space, which has become a theater of civil war and ethnic-religious warfare, weakening economic development And social development of several countries, especially those of French-speaking Africa. Having become a key player on the international scene, the international organization of the French-speaking world, which includes all the French-speaking states, decides to contribute actively to resolving conflicts. From a methodological point of view, this thesis is based on an evolutionary approach, focusing on the particularity of the Francophone approach in peacekeeping operations. In the first part, it focuses on the preventive approach of the OIF taking into account the actions undertaken by this organization to avoid conflicts and strengthen the culture of peace and democratic governance. This section highlights the OIF's prevention policy, which is based on the desire to promote democracy, the rule of law and respect for human rights, which is considered the best strategy for resolving conflicts. The thesis sets out the strategy adopted by the International Organization of la Francophonie to accompany states in promoting a culture of peace, respect for democracy, the rule of law and good governance, which are important levers for ensuring security And the stability of a country. It also describes the specificity of the Francophone approach to conflict resolution, which is based on the establishment of strong democratic institutions aimed at ensuring peace, social justice and the fight against corruption, which are Fight against insecurity and poverty. The thesis then focuses on the role played by the OIF in peacemaking and peacebuilding processes, and demonstrates how this organization has become a highly sought-after player on the international scene through its strategies Mediation and facilitation as well as its strong mobilization to facilitate transitional justice and punish the perpetrators of war crimes
Chardin, Frédéric. "La Délégation par l'ONU des opérations coercitives militaires à des organisations régionales". Nancy 2, 2000. http://www.theses.fr/2000NAN20015.
Testo completoBrière, Carine. "Les conflits de conventions internationales en droit privé". Rouen, 1999. http://www.theses.fr/1999ROUEL381.
Testo completoBenalloul, Vanessa. "Les procédures diplomatiques de règlement des différends internationaux : Fondements, pratiques et perspectives". Nice, 2004. http://www.theses.fr/2004NICE0058.
Testo completoNumerous are the bloody conflicts that have darkened the History of the World. In the wake of this ever mounting violence, various means of conflict resolution emerged at the end of the XIXth century. Procedures for peaceful resolution took shape during this period. States all around the world had the choice between numerous methods to resolve their differences, the international political actors would wager again and again on the diplomatic procedures for resolving international disputes. The act of resorting to diplomatic procedures can also be explained by the increasing appearance and the involvement of new actors in international diplomacy. Has the nearly systematic use of these procedures, which often involves a great time input and a lot of good will from the people involved, actually been successful ? And does it still continue to be so ? The use of these unique forms of diplomacy is frequent, are they really effective ? Is the effectiveness of these procedures justified ? This study will also show the development between old and more recent means of peaceful resolution. It is a question to describe what specific aspects of some of these procedures for peaceful negotiation outside of international organisations (more specifically mediation and international conciliation). The time and space allotted to the use of these procedures as well as the techniques relative to these diplomatic tools. This study will be carried out through the analysis of various texts and practices, both diverse and complex
Kale, Buti. "L'action internationale en vue de l'ajustement des situations conflictuelles en afrique australe". Nancy 2, 1997. http://www.theses.fr/1997NAN20004.
Testo completoWhilst the wind of independence was blowing in the entire african continent in the 1960s, a white minority in settler colonies of southern africa (south africa, namibia and zimbabwe) tried to impose white domination. On the other hand, portugal adamantly refused the peoples of angola and mozambique their right to self-determination. Furthermore, the civil wars that broke out after the years of independence in angola and mozambique, as well as the other conflict situations in the sub-region, were exacerbated and internationalised by the east-west confrontation. The international community in general (uno, other inter-state international organisations (the commonwealth, non-aligned movement. . . ), regional (organisation of african unity, european community. . . ), and subregional organisations, superpowers and middle powers, non- governmental organisations, international public opinion. . . ) has never ceased to endeavour to resolve, since 1946, these conflicts. However, the international community disagreed on the means (coercive measures and/or dialogue) to be implemented in view of facilitating the resolution of these conflict situations. If on the one hand a section of the international community was advocating the use of dialogue, the majority was campaigning for the application of all kinds of sanctions against the refractory regimes of southern africa. It is, in the final analysis, through negotiations that settlements were reached, end of 1994, regarding conflicts that caused havoc, for nearly half a century, in the southern tip of africa. This partly came about due to the superpowers' resolve to settle regional conflicts through peaceful means as well as the end of the cold war. The purpose of this research work is twofold : to take stock of the efforts undertaken by the international community with the view of resolving conflict situations in southern africa and to make an appraisal of the effectiveness and efficacy of those efforts
Vicard, Vincent. "Coopération et conflits internationaux sur le commerce et les investissements directs étrangers". Phd thesis, Université Panthéon-Sorbonne - Paris I, 2008. http://tel.archives-ouvertes.fr/tel-00364095.
Testo completoDieckhoff, Milena. "Médiation, médiations ? : typologie d’une activité de pacification dans les conflits politiques violents de l’après-guerre froide". Thesis, Paris, Institut d'études politiques, 2016. http://www.theses.fr/2016IEPP0057.
Testo completoHow can we understand, interpret and explain international mediation? Is it possible to distinguish several types of international mediations? The growing use of international mediation since the end of the Cold War and the diversity of actors involved in this peacemaking activity explain the need for clarification. Combining theoretical considerations and case studies, we therefore propose a typology based on the distinction between a political, an expert and a societal mediation. These types are constructed through an analysis of the various ways of conceiving conflict, peace, and the rationality of mediation, the different mediation practices, and finally the diverse functions that mediations can have with regard to the conflict and the mediator. In a second part, we demonstrate that the limits of the typological exercise shed light on problems and stakes common to all mediations. We question the limits of our types in relation to the unique macro and micro contexts in which mediations are carried out. We then define “mediation complexes”, characterized by the co-existence of several types of mediations or the changing character of a mediation over time. Lastly, we reflect on hybrid mediations, which combine characteristics from different types, and emerge from the discrepancy between discourses and acts as well as between expected and obtained effects
Laurent-Lemmet, Laurence-Claire. "Les modes amiables de règlement des différends commerciaux internes et internationaux : Des figures contractuelles renouvelées ?" Caen, 2014. http://www.theses.fr/2014CAEN0003.
Testo completoInternal and international mediation and conciliation are defined as a peaceful method of conflict resolution in which an impartial, competent and diligent third party accompanies parties towards a constructive resolution of disputes, in the utmost confidentiality. Because of the flexibility of the quasi-universal methods they mobilize, they are effectively adapted to internal and international trade agreements. It has often been suggested that they were a symptom of the crisis of both internal and international justice, but also a response to the slowness of the latter. The proliferation of civil trials in France and the enlargement of exchanges at international level render dispute resolution through judicial or arbitral proceedings inextricable. These structured processes can resolve the "deadlock". If they can be either strictly conventional or judicial, they are inherently contractual, and can sometimes have a hybrid character on the borderline between the law of obligations and procedural law. Insofar as the purpose of mediation or conciliation is in the maintenance of the contractual relationship, can it be interpreted as being more than an alternative method of dispute resolution, and be considered as a true technique of revision of the contract? These peaceful modes of conflict resolution renew the paradigm of the general theory of contract by revisiting the concept of binding effect, the relative effect and the immutability of the contract. These structured processes could not only be part of a new contractual justice, but their scope on trade-related international and internal contracts generate new contractual figures
Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Testo completoThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Baldé, Hassatou. "La coordination entre l'ONU et les organisations régionales africaines dans la gestion de la paix". Paris 1, 2005. http://www.theses.fr/2005PA010252.
Testo completoWehbe, Fatima Sara. "Composantes multidimentionnelles de l’arbitrage : de la considération locale à l’interculturalité internationale". Thesis, Le Havre, 2016. http://www.theses.fr/2016LEHA0024/document.
Testo completoGlobalization has established several arbitral institutions. They offer a multiple of choices to the investors that could induce the parties to choose an unfavorable institution.The aim of this thesis is to present a management model for jurist which facilitates the choice of the most efficient jurisdiction in resolving their dispute, with the implementation of a scoring table combining multidimensional criteria, giving a rating according to the degree of importance for the parties. In this regard, the table regroup four of the most well-known internationally jurisdiction, the State court, the ICC, the ICSID and the UNICITRAL. Arbitration is composed of several fundaments that give it its specificity. Multidimensional analysis thus would make an arithmetical analysis of the comparative values of the legal and extra-legal components of arbitration which form the scoring table to facilitate decision making of investors. To verify the effectiveness of the scoring table a questionnaire was sent to investors as well as an interview conducted with lawyers have identifies the impact of the experience on the choice of the most efficient arbitral center. The Case study of COMMISIMPEX is an example of the effect of inefficient choice on the resolution of the dispute and how the experience may affect the decision of the most effective arbitration institution to the resolution of the dispute. To conclude none of the jurisdiction is inherently better than the others. We must proceed case by case and according to what the parties are looking after their dispute, to deduce the court or institution that would be most favorable to them by guarantying more rights in the settlement of their dispute
Manouvel, Mita. "Les opinions séparées à la Cour internationale comme instrument de contrôle du droit international prétorien par les États". La Réunion, 2002. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/02_17_Manouvel.pdf.
Testo completoSangare, Fassory. "Les conflits commerciaux et l'organisation mondiale du commerce : l'apport de l'analyse multi disciplinaires". Paris 13, 2011. http://www.theses.fr/2011PA131003.
Testo completoThe globalisation is based up on the development of world’s exchange, foreign direct investments, financial development and intensive utilisation from news technologies of information and communication. Nevertheless, it is provoking international trade conflicts: banana conflict, steal conflict, antidumping measures, subsides. This research uses many methodologies in order to know the origins of trade wars, then to discuss the judicial solutions chosen by World Trade Organization for toning down the rise of commercial conflicts. Games theory (prisoner’s dilemma) appears like an appropriate tool for explaining trade wars particularly when States use commercial strategic policy and protectionism’s measures. We also used an econometrics model (VAR MODEL) for an assessment: it reveals that trade wars infer negative impacts on United States economy. World Trade Organization disputes settlement mechanism is so efficient than the old GATT’s procedure. Equally, States must negotiate during the conflict in order to find a good agreement. This solution corresponds to Nash equilibrium. When the power of negotiation is the same, two big countries can take mutually retaliation measures before to conclude an agreement. But poor’s countries should build a coalition for defending their interests
Atché, Bessou Raymond. "Les conflits armés internes en Afrique et le droit international". Cergy-Pontoise, 2008. http://biblioweb.u-cergy.fr/theses/08CERG0385.pdf.
Testo completoThe african continent development is heavily ampered by ceaseless indoors murderous conflits, if not by civil wars. Everywhere the threat remains indeciduous. National armies up yesterday just after independence years, confirmed unability to spread protection and so, experiment daily enormous troubles as for keeping control upon respective national territories and borders. But in front of said conflicts, here above given as phenomenons powered to mishandle the sensibler sovereign rope, a certain number of questions go up growing: in any way, how can the international law intervene to regulate conflictual cases that belong to daily African states quite private area ? Hard questions. Indoors armed conflicts give rise to troubles but for regulation, what strategical means can be considered to contain them? Henceforth, we will divide the whole topic into two parts : upon the first part, let us speak essentially about substancial and normative aspects of conflicts; further in the second part, we will try to lead searches upon how the international law might bring answers able to solve armed conflicts. Some European countries, and particulary France, thought that spreading reinforcement of African Means to Keep Peace “RECAMP” upon war zones will be sufficient to any peace later. The United States thought the same with African Crisis Response Initiative “ACRI”. Therefore for us none of enumareted steps, even if any of them might be valuable as proposition, can lead to peace. It belongs to Subsaharan African Head of States here to join means and to create immediately what we will not hesitate to call “Common Forces For Peace in Africa” (CFPA). Anyone will not build a such (and obvious) more adapted working stool for them
Andrianarivony, Minoarisoa Naivoson Johary. "L'émergence progressive d'une juridiction internationale des échanges : contribution à l'étude du système de règlement des différends au sein de l'Organisation mondiale du commerce". La Réunion, 1998. http://elgebar.univ-reunion.fr/login?url=http://thesesenligne.univ.run/98_04_MAndrian.pdf.
Testo completoA jurisdictional attitude to settle disputes now seems to dominate within the WTO. With impartial independent dispute settlement organs allowed to + take decisions; within a reasonable time limit and in front of which proceeding is nearly equitable, international justice is indeed within an easy reach. However, owing to some procedural imperfections, it is still hard to speak of some authentic jurisdiction. Undoubtedly +jurisdiction on its way to be achieved; or + a jurisdictional uncompleted status; should be spoken of instead. Hence this title + the progressive emergence of international jurisdiction for trade; despite the understatement, such a mechanism is unprecedented in the annals of international law. For this mechanism - less sumptuous than that of the ICJ to speak truly - seems to give a new dimension to the hope to reach real international justice. It makes it overwhelmingly possible to reach some + justiciability; in the inter-state relations : a state may force another one to appear in front of an impartial independent third party allowed to + take decisions ;. In another words, the exercise of the right to go to court is no longer conditioned by the preliminary will on the part of the defendant party. The mere will on the part of the moving party to carry out a + contentious action; is sufficient to establish the ability of a panel or that of the appeal organ. Besides ECC and transnational laws, the WTO laws thus achieve the expectations, formulated by the international lawyers half a century ago, to model international justice on internal justice
Tenenbaum, Charles. "La médiation dans les relations internationales : évolutions et transformations depuis 1945". Paris, Institut d'études politiques, 2010. http://www.theses.fr/2010IEPP0020.
Testo completoOn the contemporary international scene, pacification strategies are now the product of a growing cooperation between practitioners belonging to a number of specialized and competing networks. These more and more interdependent peacemakers all take part in creating the patterns of an upcoming integrative practice of international mediation. Mirroring global transformations within the structure of the international system, mediators have proliferated, while the use of mediation since 1945 has been largely extended from conflict prevention to conflict resolution and post-conflict management. Historically monopolized by the State, the practice of contemporary international mediation now involves numerous private organizations along with individuals, peace churches, Think Tanks, etc. Reshaping traditional peacemaking strategies, these transformations are closely linked to the liberalization of diplomatic actors and resources. Following a sociological approach based on interviews with a number of mediators and conflict resolution experts, the following doctoral dissertation presents a detailed analysis of a broad range of peacemakers, both public and private. Paying attention to the religious affiliations of many international mediation organizations and to the spiritual dimension of contemporary peacemaking, this study also offers an in-depth analysis of mediation by scholar-practitioners, enhancing the role of peace and conflict resolution studies in the formation of an autonomous academic discipline
Lemeilleur, Loïc. "Le pouvoir de sanctions économiques du Conseil de sécurité". Grenoble 2, 1997. http://www.theses.fr/1997GRE21043.
Testo completoThe object of this study is to analyse the use of economic coercition by the united nations security council. Even if the notion of sanctions is not edentical in international law than in national law, the instruments of economic pressure are one of the techniques used to maintain or restore international peace and security. After the end of the cold war, the security council lead twelve campaigns of economic sanctions against only two during the 1945-1990 period. The first part is an analyse of the components of the economic sanctions power of the security council. On the one hand, there is a typology to explain the coercive capacity of the commercial and financial instruments of sanctions and to compare this technique with others such as armed force or inaction. On the other hand, the first part is devoted to study the competence of the security council in this field. The second part is relative to the use of its power by the security council. The campaigns against south rhodesia, south africa, iraq, the socialist yugoslavy, somalia, libya, the federal republic of yugoslavy (serbia and montenegro), liberia, haiti, the serbian forces in bosnia and rwanda are analysed transversally; the study shows the extent of the discretionnary power of the security council in the field of economic sanctions, even if the use of this technique do not involve immediatelly all the goals of the security council
Toe, Roland Melaine. "Les avantages du compromis par rapport à la requête unilatérale dans le recours à la Cour internationale de Justice (CIJ)". Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28337.
Testo completoEstablished in 1945 to take over from the Permanent Court of International Justice, the International Court of Justice is not only one of the principal organs of the United Nations but also its main judicial body in charge of the peaceful settlement of international disputes. However, the action of the Court is in practice not free from insufficiencies. Whether related to the attitudes of States as the primary subjects to the jurisdiction or the text of the Statute of the Court, these shortcomings have elicited some scholars’ skepticism about the capacity of the Court to serve as a useful forum for the peaceful settlement of international disputes. Thus, scholars sometimes suggest an amendment to the Court’s Statute, although this option seems not feasible in light of the legal hurdles for its modification. As the best expression of consent governing the peaceful settlement of international disputes, special agreements should be the preferred avenue for seizing the Court. The United Nations General Secretaries should draw States’ attention on the advantages of special agreements as a means of seizing the Court, instead of encouraging them always to accept the compulsory jurisdiction of the Court under Article 36 § 2 of its Statute. Indeed, even when States accept the jurisdiction of the Court through unilateral declarations, they happen to neutralize it through disempowering reservations.
Bouhenic, Marcel-Gérard. "Le repli par les juridictions étatiques de leur jurisdictio". Thesis, université Paris-Saclay, 2021. http://www.theses.fr/2021UPASH004.
Testo completoAbstract : State courts voluntarily retract their jurisdictio to favour Alternative Dispute Resolution (ADR) - notably mediation and arbitration - and are thus tending towards becoming a subsidiary means of dispute resolution.The legal techniques, on which the withdrawal of the jurisdictio of the State courts in favour of ADR is based, have the particularity of being of praetorian origin and the result of reasoning based on an a priori systematically favourable to ADR, an a priori that is not only the reflection of an economic system but the result of multiple "ideal" influences (philosophical, religious, societal).The subsidiarity of State jurisdictions leads de facto to the subsidiarity of the law as a standard for dispute settlement. In parallel, the non-legal standards adopted by ADR acquire an authority based on the satisfaction of both the parties to whom they are applied and the State judges who consider that the withdrawal of their jurisdictio opens the passage from what is just in general to what is just in particular.Thus, gradually, private ADR institutions are acquiring political power by issuing standards that influence both the rules adopted by State courts and the defense strategies of the parties.Beyond their tendency to retract their jurisdictio by allowing ADR and non-legal standards to develop under their control with regard to conflicts between private individuals, State courts, at the beginning of the 21st century, are nevertheless redeploying their jurisdictio by adopting, where appropriate, a political role as standard-setters and substitute legislators where conflicts take the form of confrontations between Great Principles, particularly where legal rules prove unable to respond to changes in society
Hoyami, Christel. "L'application des principes du droit international de l'environnement par les juridictions internationales à vocation universelle". Nice, 2006. http://www.theses.fr/2006NICE0046.
Testo completoThe international judicial protection of the environment is a field that calls for the wisdom of the international judge. While this field has brought forward substantial judicial development, it also displays a certain weakness, doubts and controversies. The judge is able to bring valuable clarity to it, particularly by applying the principles of the international law of the environment. The principles, defined by a high degree of generality have an important position within this law ; they centre on the core of discipline, constitute the irreductible basis which moves and guides the international efforts in favour of the environment. It was natural that they should permeate the environmental legal disputes that would enter the international scene and face the international jurisdictions with a universal calling. From the environmental cases submitted to these jurisdictions, it emerges that the international judge's contribution towards the protection of the environment is first of all dependent on the freedom he enjoys in his application of the principles ; within the legal framework and through his own choices, this freedom becomes relative. His contributions are also constrained when applying environmental principles. Constraining factors, linked to the countries and to the different branches of international law will exert a definite pressure on the judicial protection of the environment
Labonia, Mónica. "Les dynamiques locales de coopération des institutions "traditionnelles" pour la pacification des conflits dans l'Afrique Noire : l'exemple des Joola-Ajamaat de la Basse-Casamance (Sénégal)". Thesis, Nice, 2014. http://www.theses.fr/2014NICE2031.
Testo completo: In the historical context of the conflict in Casamance (1982-2005), we have addressed the relationship between the institution of sacred royalty of Youtou and the restoration of order in that village. The scientific interest of this relationship is to identify the group’s dynamics of change specifically showing the Joola-ajamaat ethnic group – at the time when it is confronted with the conflict.In Youtou, the devastation of neighbourhoods’ Kagar and Kanokindo, the exodus of the population, the destruction and abandonment of the cults have altered deep social and territorial structure between 1995 and 2005. The analysis of this period – which is the last phase of the conflict in Casamance – has allowed us recognize the way in which the spaces of power, NGOs and traditional institutions have created and recreated social representations favourable to the return of peace.The meddling of traditional institutions (the Council of Elders, the kulangaka, the jirembeyi, Joola - ajamaat sacred royalty and the village assembly) in the process of pacification of people has been crucial.We have thoroughly studied the institution of Joola-ajamaat sacred royalty from Youtou’s case, because there’s no other organization in this village that can integrate simultaneously and in such a complex way the political power and religious power as well. We have examined functions arambeu of Youtou - and specially those affecting the restoration of order, the management of violence and mediation during conflicts in the light of the dialectic of tradition - modernity
Balas, Marie. "Sant'Egidio, de la protestation militante à la médiation internationale : sociologie d'un acteur émergent de la diplomatie informelle". Paris, EHESS, 2012. http://www.theses.fr/2012EHES0029.
Testo completoA Catholic lay organization, the Community of Sant'Egidio was founded in Rome during the 1968 student movement and popular protest. Initiating a series of charitable programms, the group aimed at renewing the forms and the norms of ecclesial presence in secularized society. Today the community is established in some seventy countries and gathers around 30 000 active members. Along with charitable activities, Sant'Egidio has progressively widened its spectrum of activities, running humanitarian programs and international advocacy campaigns. Above all, it has grown into a major protagonist in what is usually referred to as « non-governmental diplomacy » : its key-participation to the Mozambique peace process, from 1989 to 1992, has been followed by more than forty interventions into intrastate conflicts. Vatican, to some extent, is backing the roman group. Overall, public authorities provide around 70% of its 3 millions euros budget. From an organisational point of view, Sant'Egidio relies on a tension that make it a « boundary-object » (Star and Griesemer) : while the programs' pattern is spectularly rhizomatic and publicized, the group proves hierarchized and confidentials as well as self-referent and messianic. Ethnographic and socio-historical, the research explores the political (and politico-religious) commitments of Sant'Egidio and tries to enlighten it studying its internal organization and non-official story
Roux, Adrien. "La corruption internationale : essai sur la répression d'un phénomène transnational". Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1073.
Testo completoCorruption is defined, in the broadest sense as any “abuse of power for private gain”. In its various forms, this phenomenon appears to be closely linked to the exercise of power. This political dimension makes it the opposite of democracy, as well as a criminal phenomenon which is particularly difficult to identify, prosecute and control. In the last decades, corruption has acquired a new international dimension that seemingly requires the constant adjustment of measures and provisions of law. However, the system dedicated to anti-corruption is seemingly born out of deep tensions generated by the permanent confrontation of the logic of the rule of law with the logic of power. There remains much political resistance to addressing the enforcement gap and remove the barriers to full repressive efficiency. The criminal judge is therefore placed at the forefront of this dialectical process. Through his investigative boldness and establishment of compensatory jurisprudence, the criminal judge contributes decisively to developing the law and, more broadly, to redefine the democratic balance between power and countervailing checks and balances. Nationally, justice thus acquires unprecedented autonomy, legitimacy and independence. Through the fight against transnational corruption, this law under high pressure must meet the dual challenge of its effectiveness and its foreignness. As a result, the systemic approach to the fight against corruption suggests we might think legal provisions in their overall consistency, with respect to their final aim: provide a line of defense for the common good
Agbobly-Atayi, Amevi. "L’organisation internationale de la francophonie en matière de prévention, de gestion et de règlement des crises et conflits en Afrique subsaharienne francophone : cas de la république démocratique du Congo, du Tchad, de la Côte d'Ivoire et du Togo". Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30059.
Testo completoIn francophone Sub-Saharan Africa conflicts and crises have increased in number and intensity over the two last decades and remained a major issue demanding a global response. They are often mainly caused by the breach of human rights and the coming of democratic process leading chaotic transitions, such as in the Democratic Republic of Congo, Chad, Ivory Coast and Togo.The international organisation of “ francophonie” – whose role consists in promoting culture and whose new tools and mechanisms aim at preventing and solving crises – play a major part among the UN and other international and regional organisations as a cultural institution for democracy and security. Apart from its prevailing part played in terms of contribution to the democratic process, the actions of the organisation complement those of other organisations involved in preventing, managing, and solving conflicts.At this time of security challenge among countries and despite limited means, working out – within this geo cultural area that has a political dimension – a secure strategic identity, turns out to be necessary in order to curb major threats and risks and fully play the role of influential power
Kpodar, Adama. "Réflexion sur la régionalisation du maintien de la paix et de la sécurité collectives : l'exemple de l'Afrique de l'Ouest". Poitiers, 2002. http://www.theses.fr/2002POIT3028.
Testo completoGabrielsen, Jumbert Maria. "The internationalization of the Sudanese conflicts : from South Sudan to Darfur : agenda setting, mobilization and qualifications". Paris, Institut d'études politiques, 2010. https://spire.sciencespo.fr/notice/2441/53r60a8s3kup1vc9kd0rlgo0g.
Testo completoHow does an internal conflict become an international issue ? The subject of this thesis is to understand the internationalization of the conflicts in South Sudan and in Darfur, understood as the process through which these two conflicts have gone from being struggles over local and national governance to becoming issues of high level international concern. Internationalization, in the sense of conflicts being set on the agenda, is far from concerning all armed conflicts on the international arena, and referring to levels of violence or strategic interests of the great powers does not explain why a conflict is internationalized and another is not. The first part of the thesis analyses the internationalization processes « from below », where activist networks mobilized outside Sudan, first and foremost in the United States and in Europe, but also the Sudanese rebel movements and other representatives of Sudanese civil society, exert pressure on various governments and international organizations, requiring them to seize themselves of the conflicts. These actors have managed to impose their qualifications of the Sudanese conflicts, and their understandings of the appropriate responses, and thus contribute to the emergence of internationalization as a norm (a conflict not resolved internally should become an issue of international concern). The responses « from above » are then studied, seeking to understand how they are affected by pressure « from below ». Lastly, the thesis shows how internationalization influences local dynamics of conflict resolution
Lakhdhar, Amani. "L'adoption internationale : étude comparative entre le droit français et le droit tunisien". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D083.
Testo completoSince the second half of the 20th century, international adoption has become increasingly important. A Multifaceted institution, from a multidisciplinary perspective, its essential features are two decisive factors: diversity and juridical status. It is also a highly complex issue since it goes to the very core of the family, in a context characterized by the search for a balance between the various state laws. The review of the interlinked notions of the best interest of the child and of identity, as well as the study of the key components of intergovernmental cooperation enshrined in the Hague Convention of 29 May 1993, will enable us to analyze the cornerstones of international adoption beyond the aforementioned specifics. This analysis conducted through comparison between French and Tunisian law, laws that seem to be in opposition, gives an opportunity to produce an overview of the organization of international adoption from the preliminary phase under the auspices of administrative authorities, until when the international adoption is decided. In addition to the choice of the competent judge, all issues concerning the administrative stage, as well as those resulting from the designation of the applicable legislation, require a comprehensive study of Tunisian and French legislation, in particular a thorough examination of solutions which are usually sought before the courts in both countries
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.
Testo completoThe 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
Abouem, A. Tchoyi James Ronald. "Conflit, reconstruction et développement : la pertinence de la réponse économique : une analyse centrée sur le cas de la République démocratique du Congo (RDC)". Paris 13, 2009. http://www.theses.fr/2009PA131002.
Testo completoExploring the issue of political instabilities and more specifically the issue of civil war unveils a great variety of root causes that need to be confronted to the reality of the context from which they are withdrawn. Poverty thus appears to have a conditional impact in this regard, and this could become tenfold due to the interaction of complementary factors usually in relation to the state and its institutions. Deciphering the experience of some countries might relegate these considerations. Therefore the analysis carried out on the DRC (Democratic republic of Congo) depicts a paradigm that is sustained by a mainstream that is a milestone in the work on armed conflicts. The aim of the researches carried out here being to analyze the relevance of economic responses given the validity of the “greed” hypothesis from the Paul Collier and Anke Hoeffler concept, we assume a transition from resilient war to consolidated peace then to the ignition of a new economic dynamism. In this effort of reconstructing economically and politically, the issue of corruption is to be tackled in a particular way due to its insidious evolution throughout institutions. States could then consider international Aid an important financial source to ease the process of reconstruction. Nevertheless, foreign Aid is not a panacea as it mechanically leads to a phenomenon of prolonged indebtment and dependence. This dependence, far from being contained or preempted by the traditional forms of conditionality, gets the receiving countries to rely on their donors namely because of tied Aid. In this regard, setting up and implementing strategies to attract FDIs (Foreign direct investments) as a relay appears to be a promising solution
Liu, Ouqian. "L’exécution des sentences arbitrales étrangères - étude comparative entre la France et la Chine". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020067/document.
Testo completoFrance revealed its long-awaited new arbitration law in January 2011. France had forged a legal and judicial framework that is significantly favorable to arbitration in every respect, particularly in the field of enforcement arbitral award. In the context of harmonisation of arbitration law and practice worldwide, the central purpose of the New York Convention was to facilitate the recognition and enforcement of foreign arbitral awards. It considerably simplifies the enforcement of foreign awards. Nonetheless, the enforcement of an international arbitral award always takes place through a national court operating under its own legislations. In practice, the application of this legal regime can vary significantly from one country to another. China provides a good case study on this background, its arbitration rules has gone through continuous process of reform every year. While the foreign investors and researchers have often claimed that enforcement in China is problematic, the Chinese authors and researchers present a more positive view. The aim of this research endeavours to present a unique insight and an objective picture of the enforcement of arbitral awards in China, based on a combination of theoretical analysis of legal regime, statistical information and practical insights. It explains the current arbitration law in China with a comparative approach (including Hong Kong and Taiwan). Setting Chinese arbitration in its wider social context, we try to understand the history, the contemporary practice, the legal obstacles, the judicial attitudes and the possible future trends in the field of enforcement of foreign arbitral awards. We hope that the recent French Arbitration Law would be an inspiration for the next reform of the PRC Arbitration Law
Archinard-Greil, Bérengère. "Lois de police et conflits de juridictions. (Essai sur la coordination des systèmes à l'aide de la notion d'ordre juridique prépondérant)". Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3036/document.
Testo completoIn times of mandatory provisions becoming more and more prevalent, based on conflict of law, the concept of mandatory enforcement appears to be somehow diluted regarding the liberal solutions found in conflicts of jurisdictions. In positive law, mandatory rules do not prevent the enforcement of a forum clause, no more than they are considered during the enforcement stage of decisions. While the application of these rules before foreign courts and arbitrators is very uncertain and does not raise obstacles to the recognition of foreign judgments or arbitral judgment which overlook them, choice of forum clauses has become an instrument of forum shopping in order to avoid mandatory regulations. This solution paradoxically induces a search for a solution to restore there international imperativity. This result has appeared as a consequence of the principle of separation of conflicts of law and conflicts of jurisdictions. That observation leads to ask questions about the possibility of an exemption to this general principle. Indeed, this encourages to consider the possibility to admit a correlation between forum and jus in order to establish imperative and exclusive competence, based on the applicability of such mandatory rules. This forum legis would require to maintain the litigation in its courts and could ensure their application in international relations. However, unilateralism that governs rules of judicial competence should involve the establishment of a mechanism of different legal systems coordination. Depending on the type of mandatory rules concerned, it could be based on an adapted form of forum non conveniens, on international judicial Co-operation processes, or be inspired by the method of reference to the competent legal order envisaged by P. Picone. The deployment of these solutions could be based on using preponderant state notion, that would be the one with the most widely public policy involved. It would lead to the recognition of the strong vocation of it to assert its views for the resolution of a dispute and would justify both the priority jurisdiction of its courts and circumspection of the other jurisdictional authorities to exercise their competence. Such a solution, tightly defined and justified in view of the importance of the interests involved, would provide a satisfactory solution to both harmoniously articulate the pursuit of liberal politics required in conflicts of jurisdictions with respect of public policy, and reconcile the protection of imperativities with the coordination of legal systems
Paixâo, Silva Oliveira Liziane. "Mercosur et protection de l'environnement". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1058.
Testo completoThe purpose of this thesis is to verify what is the place granted to environment protection in the Mercosur. Does the development of environmental issues in the Mercosur allow us to speak of a regional system for environmental protection that is being strengthened? To answer these questions it is first necessary to identify the rules of environmental protection in the Mercosur's legal system in order to understand their relationship with its free trade rules (part I).It will be then necessary to analyse their implementation and effectiveness (Part Two)
Legris, Emilie. "Le tiers dans le contentieux international". Thesis, Université Côte d'Azur (ComUE), 2018. http://www.theses.fr/2018AZUR0035.
Testo completoThe reflection on third entities in international litigation comes from the finding of an increased presence of “thirds” in the jurisdictional settlement of international disputes, thus questioning the traditional vision of the international trial as being “the thing of the parties”. The “third” is defined negatively, as any entity that is neither the jurisdiction nor the parties to the proceedings. Throughout the study, a more precise identification of this notion is developed : depending on the jurisdiction in question and the type of procedure examined, third entities are either States, international organizations, private (physical or moral) persons. Within the framework of diverse jurisdictions, the study apprehends the place given to third entities in international litigation, examining successively their protection and their participation. In the background, the study looks at the contribution of third entities to peacekeeping, as part of the peaceful settlement of disputes
Fathally, Jabeur. "Les principes du droit international musulman et la protection des populations civiles en cas de conflits armés : de la binarité guerrière au Droit de Genève. Histoire d’une convergence". Thesis, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/20696.
Testo completoBlásquez, Martinez Lidia Ivonne. "La reformulation identitaire et le développement durable : les xochimilcas à Mexico : les enjeux des usages sociaux et politiques d'un espace naturel". Paris, EHESS, 2007. http://www.theses.fr/2007EHES0027.
Testo completoThis research intends to explore how the new discourse and policies on environmental conservation and natural heritage are interacting with and influencing the local dynamics and perceptions of space and territories. It is based on the case of the Xochimilco Lake, located at the heart of Mexico City, which used to be the city's main provider of water and vegetables and has been recognized by UNESCO as a World Heritage. The study analyses how the recognition of the Lake as a natural reserve have modified the practices of the landowners and their representation of the Lake. It also ' looks at processes of social change within the local political arena whereby political action have been transferred from the agrarian sphere to the ecosystem management sphere. Thorough the study of the life trajectories of local actors, the author eventually explores how the recognition of the lake as a World Heritage has foster or re-shape local conflicts over land and natural resources at different scales, local, national and international
Nikolaeva, Desislava. "Le droit de la diplomatie préventive : étude de la règle de prévention en droit international public contemporain". Thesis, Strasbourg, 2016. http://www.theses.fr/2016STRAA009.
Testo completoInternational law regulates States’ diplomacy for the purpose of preventing insecurity, and, by extension, armed conflicts. Accordingly, the law of preventive diplomacy reflects, in a sense, the idea that prevention of imminent risks of serious material damages defines a general principle of international law. The assertion of such a principle is based on an inductive analysis of the major treaties on collective security concluded between 1899 and 1945. It is verified in light of their application by Member States of the League of Nations and, since 1945, of the United Nations. The general nature of this principle is deduced from a combined study of the jurisprudence of a number of international courts and tribunals in various fields of international law. Those findings support the idea that individual and collective efforts of conflict prevention are subject to the respect of a general legal regime governing the current international system of peace-maintenance and collective security
Ducroquetz, Florence. "L’Union européenne et le maintien de la paix". Thesis, Lille 2, 2010. http://www.theses.fr/2010LIL20008/document.
Testo completoSince 2001, the EU has conducted more than twenty military operations and civilian missions, and is now seen as one of the leading organizations in the field of peacekeeping. For a long time perceived as an intergovernmental organization, the establishment of an integrated structure for crisis management into the heart of the organization, as well as the delegation of this crisis management to the different European organs, have contributed to the gradual empowerment of the EU toward its member states. This process of becoming autonomous is also evident in the international legal order. A large set of rules thus applies to the EU due to its involvement in the international legal order, including rules relating to the international responsibility for regional organizations. The effective intervention of the European Union in the field of peacekeeping – as a regional organization– is in keeping with an unclear legal framework. However, the phenomen on of regionalization could have been interpreted as prejudicing the collective security system established by the UN Charter.Two aspects of the effective intervention of the European Union call for analysis : the conformity of its action to the UN framework and its contribution to the evolution of peacekeeping
Meng, Jin. "Contributions de la Chine et de la Francophonie dans la consolidation de la paix en Afrique Francophone : les cas du Mali, de la Côte d'Ivoire et du Sénégal". Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE3039.
Testo completoPeace and security in Africa both condition the durability of Sino-African cooperation, a reason for concern to the member-states of IOF. Recurring conflicts hinder the take-off of African countries, and demand the commitment of international actors of various kinds, nation states as well as IGOs. China and IOF both contribute to the peace process in French-speaking Africa in different ways. Beyond the gap in their respective visions as well as their approaches, thinking should be elaborated about complementarities in peace-building, the multi-dimensional characteristics of which require involvement by diverse actors.The peace-building process provides a relevant prism for studying changes in Chinese diplomacy, and the specific features of IOF as a transnational organization. Submitting them to mutual scrutiny gives us keener insights on the peculiarities and similarities in their perceptions and operative mechanisms.How China and IOF do they engage in the peace-building? How do they approach the notions of peace and conflicts in their own representations? How do the Africans perceive their respective approaches? This inquiry is correlated to the best of Chinese thinking and Western theoretical trends, without forgetting African realities and expectations as evidenced through our field interviews
非洲和平与安全问题是中非合作持久发展的前提条件,也是法语国家组织成员国的共同忧患。反复爆发的冲突成为非洲国家崛起的障碍。这使民族国家和国际组织积极介入其中。中国和法语国家组织以不同方式为非洲法语国家和平进程作出贡献。建设和平的多维性需要不同行为体的介入, 它们的视角和方案虽有所差别,但我们有必要对其政策的互补性进行研究。建设和平不仅为我们的研究提供了观察中国外交政策演变的独特视角,而且充分体现了法语国家组织作为跨国际组织的特殊性。通过中国与法语国家组织的换位分析,我们能更有效地审视它们认知层面和行动机制的特点,同时凸显出两者的共通之处。非洲国家冲突的根源有哪些?建设和平的关键是什么?中国和法语国家组织如何介入其中 ? 它们怎样解读和平与冲突的概念?如何看待民主与发展的关联性?如何定义在非洲法语国家建设和平政策的重点?非洲政府与民众对其政策有何看法?为了思考这些问题,我们以中国传统与现代思想和西方理论流派为分析工具,以非洲实地采访作为研究支撑,进行深入探讨。
Ramdé, Mamadou. "Les limites de l'intégration régionale internationale : le cas de la Communauté économique des États de l'Afrique de l'Ouest (CEDEAO)". Thèse, 2003. http://hdl.handle.net/1866/15090.
Testo completoCarré, Dobah. "La faillite internationale: droit comparé, le système canadien et le système européen". Thèse, 2007. http://hdl.handle.net/1866/2645.
Testo completoInternational insolvency is a complex subject that has given rise to a long and sharp doctrinal debate between supporters of systems of territorialism and of universality. An insolvency is international where a debtor possesses goods or creditors in more than one country. Since the matter of bankruptcy is often very different from one country to another, the application of the system of plurality, which is retained in the majority of countries, raises several problems, particularly with regard to the coordination between several bankruptcies and the lack of protection of creditors, largely because plurality grants effects that are limited to the recognition of the foreign bankruptcy procedures. Indeed, in the presence of concurrent procedures of bankruptcy, the following questions must be addressed: Which is the court having jurisdiction to open and organize the bankruptcy? Which law is applicable? In which States will this bankruptcy produce effects? This thesis will establish a comparison between the Canadian system and the European system with respect to international bankruptcy. The Canadian legislator recently planned to modify its legislation on bankruptcy in order to better foster international co-operation in the realm of international bankruptcy. The Canadian Bill C-55 largely reiterates the provisions contained in the Model Law on cross border insolvency (UNCITRAL). Bill C-55 thus facilitates the recognition of foreign decisions of bankruptcy, it grants a greater scope to the effects of this recognition and it aims to coordinate multiple bankruptcy procedures by establishing a "hierarchisation" there of that is relatively similar to the European system. However, the Canadian project does not achieve the goal of universality as well as does the European regulation 1346/2000 with respect to equal treatment between local creditors and foreign creditors. If the Model Law offers all States the considerable practical utility for many incidences of international co-operation, the harmonization of international bankruptcy will depend on the adoption of the Model Law in various domestic legislations. Although several countries have inserted this model in their legislation on bankruptcy, it is not yet possible, at the present time, to speak of an international law of bankruptcy.