Tesi sul tema "Sanctions économiques"
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Hadj, Khalifa Hachemi. "Les sanctions économiques en droit international contemporain". Nice, 1995. http://www.theses.fr/1995NICE0012.
Testo completoLemeilleur, 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
Dol, Jean-Marie. "Les "moyens de pression économiques" : un instrument de la politique étrangère américaine". Nice, 1988. http://www.theses.fr/1988NICE0032.
Testo completoBoisson, de Chazournes Laurence. "Les contre-mesures dans les relations internationales économiques". Paris 2, 1991. http://www.theses.fr/1991PA020108.
Testo completoThe analysis of the need for and the legal regime of counter-measures forms part of a broader study on the nature of the international legal order. This thesis puts forward the notion that, apart from coercion, negotiations play a critical role in ensuring the respect of international law. In international economic relations, counter-measures, which include measures of reprisals and retortion, are used for the purposes of negotiation and compensation. These measures are used to ensure the correct functioning of dispute settlement procedures. Counter-measures are only temporary ways to overcome the non-functioning of dispute settlement procedures, the latter being the only long-term way to guarantee the rule of law
Shaygan, Farideh. "La compatibilité des sanctions économiques du Conseil de sécurité avec les droits de l'homme et le droit international humanitaire". Paris 11, 2007. http://www.theses.fr/2007PA111001.
Testo completoThieulent, Anne. "Mesures de contrainte économique et relations contractuelles internationales". Dijon, 2000. https://nuxeo.u-bourgogne.fr/nuxeo/site/esupversions/baeae04a-4aa3-4a07-98f1-543aff5030d8.
Testo completoHabibzadeh, Tavakol. "Sanctions économiques et réparation des dommages : les conséquences juridiques de l'occupation du Koweit par l'Irak". Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30024.
Testo completoAmiri, Massoud. "La coercition économique en droit international". Université Robert Schuman (Strasbourg) (1971-2008), 2001. http://www.theses.fr/2001STR30008.
Testo completoThis thesis is concerned with the legality of economic coercion under international law. The subject is dealt with in two parts. In part l, it is proposed to show that economic coercion is prima lacie unlawful. Chapter 1 examines the grounds of this illegality : the principle of the freedom of trade, violation of specific treaty obligations, the rule refraining from the threat or use of force, the principle of nonintervention, the prohibition of economic coercion in the conclusion of treaties and assimilation of economic coercion to aggression. Chapter II is devoted to the definition of the modalities of unlawful economic actions. A distinction is made to that effect between measures aimed directly against a given State and those aimed indirectly against the target State, namely mesures with extraterritorial reach and secondary boycotts. Part II examines the circumstances justifying the exercise of coercion. The first chapter deals with collective sanctions ordered or authorized in the framework of the United Nations. The major questions addressed: circumstances justifying resort to sanctions by the Security Council, the competence of the General Assembly in this area, the exemptions warranted on humanitarian considerations, legal effects and implementation of the U. N. Resolutions and the power of regional arrangements or agencies to order sanctions. The second chapter is devoted to decentralized reactions to illicit acts. It is composed of three sections. The first section is concerned with the conditions of the legality of counter-measures taken by a State directly injured by a wrongful act, such as an attempt for obtaining redress by other means, proportionality and the observance of human rights. The following section examines the possibility of resorting to unilateral counter-measures by States which have not been directly and materially affected by the breach of obligations towards the international community as a whole. The final section focuses on economic measures of legitimate Self-defence
Suknaič, Anja. "European Union economic sanctions on Iran: critical considerations". Master's thesis, [s.n.], 2013. http://hdl.handle.net/10284/3806.
Testo completoEsta dissertação centra a investigação sobre a questão de saber se as sanções económicas representam um instrumento eficaz no sentido de impedir o Irão de desenvolver actividades nucleares ilegais. O objectivo da pesquisa consiste igualmente em avaliar as consequências reais das sanções económicas para cada um dos Estados-Membros da União Europeia (UE), bem como outros Estados na cena internacional — sendo a eficácia das sanções avaliada com a ajuda de variáveis políticas e económicas. A pesquisa inclui informações detalhadas sobre o perfil político do Irão, sobre as relações comerciais entre a UE e o Irão, sobre o programa nuclear iraniano e sobre as sanções impostas ao Irão. O trabalho extrai um certo número de resultados relevantes, onde se inclui o facto de que Irão tem o apoio de várias superpotências na cena internacional, e o facto segundo o qual os países da UE os mais envolvidos nas relações comerciais com o Irão são igualmente os mais afectados pela crise global internacional. As principais conclusões a retirar do estudo apontam para a ideia de que as sanções contra o Irão foram até agora ineficazes, na medida em que a possessão da arma nuclear é para o Irão mais prioritária do que a própria saúde económica do país. O estudo demonstra igualmente que as consequências das sanções para cada um dos Estados-Membros da UE provocam dificuldades acrescidas para encontrar novos parceiros comerciais. As sanções aplicadas teriam sido menos destrutivas se fossem impostas antes da crise económica global que afecta a maioria dos Estados-Membros da UE devido às dependências no comércio, e em particular a dependência das trocas com o Irão relativas ao petróleo. This dissertation focuses on investigating if economic sanctions represent an efficient tool that could manage to impair Iran`s illegal nuclear activities, as well as on researching the real consequences that the economic sanctions bring for individual European Union (EU) members and other relevant countries on the international scene. The efficiency of sanctions has been evaluated with the help of certain political and economic variables. The research includes detailed information on Iran`s political background, on EU`s trade relation with Iran, on Iran`s nuclear program and on sanctions imposed on Iran. The research produces a number of key findings, including the fact that Iran enjoys the support of several influential superpowers on the international scene, and that EU countries most involved in trade with Iran are the ones most affected by the global economic crises. The main conclusions drawn from this research are that the sanctions on Iran were so far not efficient, because Iran`s possession of a nuclear weapon is more a priority to the country than its economic health. The research also shows that the consequences for individual EU members bring trouble in finding new trade partners, and would be less harmful if imposed before the global economic crises that most affects the EU members that are dependent on trade, and in particular oil trade, with Iran. Ce mémoire aborde la question de savoir si les sanctions économiques représentent un instrument efficace pour empêcher l'Iran de développer des activités nucléaires illégales. L'étude vise également à évaluer les conséquences réelles des sanctions économiques pour chacun des États membres de l'Union européenne (UE), mais aussi pour d'autres États sur la scène internationale — l'efficacité des sanctions étant évaluée à l'aide de variables économiques et politiques. La recherche comprend des informations détaillées sur le profil politique de l'Iran, sur les relations commerciales entre l'UE et l'Iran, sur le programme nucléaire iranien et sur les sanctions imposées à l'Iran. Le travail inspire d'un certain nombre de résultats pertinents, notamment le fait que l'Iran a le soutien de plusieurs grandes puissances sur la scène internationale et le fait que les pays de l'UE les plus impliqués dans le commerce avec l'Iran sont aussi ceux les plus touchés par la crise mondiale. Les principales conclusions à tirer de l'étude soulignent l'idée que les sanctions contre l'Iran sont restées jusqu'ici sans effets majeurs, dans la mesure où la possession de l'arme nucléaires est pour l’Iran plus prioritaire que la santé économique du pays. L'étude montre aussi que les conséquences des sanctions pour chacun des États membres de l’UE conduisent à des difficultés accrues pour trouver de nouveaux partenaires commerciaux. Les sanctions appliquées auraient été moins nocives si elles avaient été imposées avant la crise économique qui touche la majorité des membres États membres de l'UE du fait de leur dépendance commerciale et en particulier de la dépendance relative au commerce du pétrole avec l'Iran.
Moumouni, Ibrahim. "Le pouvoir discrétionnaire du Conseil de sécurité en matière de sanctions économiques : réflexions sur la légalité internationale". Thesis, Dijon, 2010. http://www.theses.fr/2010DIJOD002.
Testo completoThe proliferation of economic sanctions resolutions of the Security Council continues to increase, especially as articles 25 and 103 of the Charter of the United Nations to strengthen the feeling that the decisions of the Security Council are displayed in the form of legibus solutus ie out of any legal framework. Updated by the phenomenon of international terrorism, they contrast more an more with some United nation's goals that themselves are set for human rights, economic and social rights and the right to a fair trial. The exercise of this discretion based on unspecified provisions of article 39 of the Charter by the Security Council often conceals a certain instrumentalization of the right of the Charter, covered by lawful form enshrines the decisions of the organ of maintaining peace. Although neither paragraph 2 of article 24 of the Charter or its other provisions which contribute to the sharing of powers between the various principal organs of the Organization shall grant to the Council the unlimited power. Moreover, the discretion of the Security Council cannot is freedom from any judicial control, particularly in cases where the exercise is proving to be in obvious contradiction with the principles and purposes of the institutional Treaty which founded the competence of the organ of maintaining peace. This means that international jurisdictions leaving their silence, before the control becomes effective
Rafie, Hossein. "Le pétrole du Moyen-Orient et de l'Afrique du Nord dans les relations internationales : des années 1970 à nos jours". Toulouse 1, 1999. http://www.theses.fr/1999TOU10023.
Testo completoPetroleum is not purly an economical product, its main role in world economy and its concentration in Middle East and North Africa (two third of world reserves) made influence international politics. Knowing the nature of the region, petroleum and politics make one. The politicization of oil of the region starts, first of all, with the efforts of some powers, through their companies to dominate oil countries, which by reaction incites these countries to eliminate foreign domination and establish their national control on oil matters. The situation is changing progressively. The position of productive states got stronger with the beginning of the 1970th which permitted the use of oil, in a way relatively efficient, as an instrument of power. Consequently the balance of power shifted deeply in the favour of producers. On this basis, the argument consists of three parts: the first puts theoric bases - theory of economical arme - and defines geographical and historical environnement of the research. The second part studies the period of force of the oil countries, from the fourth israelo-arabe war and oil embargo that followed it, to the end of the second oil slump. The third part explains the shift of power on the international scene and the relative decline of oil power for the states of the region. The analysis of impact of the oil slump in 1986 and the mini-impact of the second Persian Golf war, quickly dominates, lead to clear the actual situation and out, line the view-point of the future
Nikabou, Lantame Jean. "Les conventions ACP-EU et les sanctions économiques de l'Union européenne contre les Etats ACP : le cas du Togo". Thesis, Strasbourg, 2013. http://www.theses.fr/2013STRAA038/document.
Testo completoCotonou agreement, signed in June 2000, between the EU and African, Caribbean and Pacific (ACP) Countries, is characterized by the respect of Human Rights, Democratic standards and Rule of Law in one side, and the quest for compliance with the standards principles of World trade Organization (WTO) in the other side. Since then the development policy implemented by Europe for ACP Countries was created with the Treaty of Rome which established European Development Funds, in favor of these countries. For many years, this partnership, mainly economic, has given huge benefits to ACP countries to ensure their development. For almost two decades that the political standards rules were introduced into this partnership, no doubt to notice that some countries, including Togo, are still reluctant to introduce real democratic reforms to ensure effective political changes. Despite sanctions here and there from the European Union, these countries find support from China who treats with African countries, a specific partnership excluding any Civil Society
Yonan, Franck. "Les sanctions économiques et la protection des droits fondamentaux dans le partenariat entre l'Union européenne et les États ACP". Versailles-St Quentin en Yvelines, 2012. http://www.theses.fr/2012VERS019S.
Testo completoThe implementation of a European policy of fundamental rights external protection has conducted to the establishment of economic sanctions mechanisms in the agreements concluded with third countries. Nonetheless, none of those has been as successful as the one set up within the framework of ACP-EU relations. This mechanism is the most elaborate of all, the primus inter pares. Its level of refinement and its frequent activation strengthen this unique character. While underlining its specificities and results, the present research aims at going beyond the comparison with similar mechanisms inserted in the other European external agreements. The purpose is to demonstrate that the ACP-EU conventional mechanism, despite playing an innovative role, does not constitute a self-sufficient regime. Its perenniality is contingent upon an articulation with the action of international organisations in the field of fundamental rights protection and, also, upon its improvement
Mail-Fouilleul, Stéphane. "Les sanctions de la violation du droit communautaire de la concurrence". Strasbourg 3, 2000. http://www.theses.fr/2000STR30002.
Testo completoA study of the different sanctions that european and national autorities or states' courts may impose on firms or member states who break the competition rules of the EC treaty (art. 81 to 89 CE)
Marineau, Sophie. "L'usage des sanctions économiques et diplomatiques dans la gestion des crises internationales : études des cas d'Afghanistan (1979) et d'Ukraine (2014)". Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/27745.
Testo completoSamper, Christophe. "La place du droit pénal dans le droit économique". Aix-Marseille 3, 1999. http://www.theses.fr/1999AIX32053.
Testo completoNovel, Anne-Sophie. "Les leviers et stratégies économiques utilisés par les Etats-Unis pour lutter contre le terrorisme transnational, 1968-2006". Paris, Institut d'études politiques, 2009. http://www.theses.fr/2009IEPP0021.
Testo completoThe United States is the first target country of transnational terrorism in the world. The American economic strategy to counter-terrorism relies on deterrence policies (the "stick") or incentive policies (the "carrot"). The use of these tools has adapted to the evolution of transnational terrorism : sanctions, ineffective in two thirds of the observed cases, are less imposed against states and are increasingly targeting individuals or groups of individuals. Traditionnal sanctions (against states), when imposed, are more often imposed on a multilateral basis. This thesis shows that the number of attacks from a source country is not a good determinant of anti-terrorist sanctions imposed by the United States. It is necessary to take into account the nature of transnational terrorism and the behavior of governments of source countries in order to understand the American logic of anti-terrorism sanctions. The role of domestic lobbies is also crucial. Since the beginning of the war against terrorism in 2002, incitative policies have been widely developed : they reflect a better integration of terrorism factors and encourage countries to join the Americain war against terrorism. The study of MEFTA’s negotiations shows that the implementation of agreements is a source of tension between countries within the Middle East. The most successful agreements, paradoxically, are those made with those countries whose regulations are more developed
Rana, Arslan Tariq. "The logic of preferential trade agreements. An empirical analysis of the consequences of a new economic order". Thesis, Orléans, 2015. http://www.theses.fr/2015ORLE0505/document.
Testo completoPreferential Trade Agreements (PTAs) have become important instruments through which sovereign statesconduct international economic as well as foreign policies. This thesis analyses multidimensional and crosscuttingissues in PTAs. In the first chapter, we show that policy issues incorporated in PTAs, but outside themandate of World Trade Organization (WTO), have a positive effect on trade. More specifically, highlylegalistic dispute settlement mechanisms (DSM) promote trade liberalization while medium legalistic DSMfeatures do not. The second chapter turns to the political side of PTAs and identifies an important channelthrough which DSMs in PTAs may have profound impact on the prevention of military conflicts. We show thatPTAs with medium level of DSMs prevent the escalation of sanctions to military conflicts, whereas higher leveldoes not. Further, the states that are more politically, economically and socially connected are more prone toform highly legalistic framework in PTAs. The third chapter identifies PTAs according to the level of legalismof investment provisions. Further, we show that international investors face risk of expropriation related to thedomestic political regime of host country as well as the diplomatic relations between home and host countries.Our analysis shows that highly democratic regime as well as the good diplomatic relationship conditionpositively the effects of legally enforced investment provisions. Finally, the fourth chapter identifies PTAsaccording to different levels of legalism of environmental provisions. We show that North-North countries signhighly legalistic environmental provisions whereas North-South country-pairs are more prone to sign mediumlegalistic environmental provisions
Dumarçay, Marie. "La situation de l'entreprise victime dans les procédures de sanction des pratiques anticoncurrentielles : étude des procédures française et communautaire d'application du droit communautaire des pratiques anticoncurrentielles". Montpellier 1, 2008. http://www.theses.fr/2008MON10069.
Testo completoPeyró, Llopis Ana. "Les relations entre l'Organisation des Nations Unies et les organisations régionales en matière coercitive". Paris 1, 2004. http://www.theses.fr/2004PA010287.
Testo completoHinz, Julian. "Essays on international trade and foreign policy". Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01E028/document.
Testo completoThe subject of this doctoral thesis revolves around the analysis of the links between foreign policy and international trade, along with one chapter that is of more methodological nature. In chapter1 I show how geopolitical interests are a key motivation for economic integration agreements. Big countries systematically negotiate and sign these agreements with smaller countries that offer political benefits at the expense of economic ones. Chapter 2 provides an empirical analysis into the effect of sanctions on sanctioning countries—their exports in particular. In this joint work with Matthieu Crozet, we study the macro-impact of the sanctions regime against the Russian Federation on export flows from Western countries and the micro-impact on French exporting firms. Chapter 3 takes a closer look at the mechanism through which political relations between countries impact their trade flows. A collaboration with Elsa Leromain, we show how countries adjust their input sourcing pattern to the political climate with the respective trading partner. Finally, in chapter 4 I explore the methodological issue of how trade costs should be aggregated from lower levels of geographic aggregation to higher ones and I compute theory-consistent country to country distances using nighttime satellite imagery for information on the location of economic activity
Glais, Estelle. "Le contrôle français des opérateurs économiques : Pour un meilleur équilibre entre le renforcement de l’action publique et le respect des droits fondamentaux". Thesis, Rennes 1, 2018. http://www.theses.fr/2018REN1G011.
Testo completoThe powers and enforcement methods used by the french economic control authorities constantly changed since the beginning of the 00s. In many aspects, these new prerogatives and approach have raised concern, as the amount of sanctions imposed to the operators exploded. One of the problems relies in the fact that, willing to foster a quicker and more effective public action, the legislator accepted to give more autonomy to the authorities, especially vis a vis the courts and judges. Thus facilitating the concentration of powers in the sole hands of the control authorities, which in many branches of economical regulation, are now able both to prosecute and impose penalties. However, since 1992, a growing array of fundamental rights have been attributed to the economic operators as legal persons, especially the right to have a fair trial, and to have access to legal recourse. The aim of our research, is to determine how the equilibrium between the law enforcement and the respect of this fundamental rights could be improved. After analysing the different hard spots in the procedures of the french authorities regarding fundamental rights, several solutions are proposed, classified in two categories: Upstream, the measures that could be taken to improve the legal security of economic operators in France ; The more targeted measures to be taken regarding the major hard spots in the authorities powers and procedures
Cescut-Puore, Mélanie. "L'efficacité des sanctions en droit économique". Electronic Thesis or Diss., Université de Montpellier (2022-....), 2023. http://www.theses.fr/2023UMOND035.
Testo completoAdvertising, the complexity of products, the struggle of suppliers to remain the most innovativein order to capture consumers and distance themselves from competitors, necessarily impactthe functioning of the market in a positive or negative way. By impacting the market, theyinevitably influence its main players, which are businesses and consumers, the final players inthe market. Economic law is then equipped with an arsenal of sanctions in order to fight againstattacks on free competition and encourage virtuous behavior. These sanctions are very diverseand are notably marked by the presence of positive sanctions, which aim to reward an economicoperator, and negative sanctions, which aim to inflict harm on the defaulting economic operator.They must then satisfy the particular interests of the plaintiff in the action and penalize theperpetrators of the alleged breaches. Are they still effective? The assessment of theeffectiveness of sanctions in economic law reveals a heterogeneous effectiveness of sanctions.The factors necessary for effectiveness will thus be highlighted in order to formulate proposalstending to improve the effectiveness of sanctions in economic law
Rana, Arslan Tariq. "The logic of preferential trade agreements. An empirical analysis of the consequences of a new economic order". Electronic Thesis or Diss., Orléans, 2015. http://www.theses.fr/2015ORLE0505.
Testo completoPreferential Trade Agreements (PTAs) have become important instruments through which sovereign statesconduct international economic as well as foreign policies. This thesis analyses multidimensional and crosscuttingissues in PTAs. In the first chapter, we show that policy issues incorporated in PTAs, but outside themandate of World Trade Organization (WTO), have a positive effect on trade. More specifically, highlylegalistic dispute settlement mechanisms (DSM) promote trade liberalization while medium legalistic DSMfeatures do not. The second chapter turns to the political side of PTAs and identifies an important channelthrough which DSMs in PTAs may have profound impact on the prevention of military conflicts. We show thatPTAs with medium level of DSMs prevent the escalation of sanctions to military conflicts, whereas higher leveldoes not. Further, the states that are more politically, economically and socially connected are more prone toform highly legalistic framework in PTAs. The third chapter identifies PTAs according to the level of legalismof investment provisions. Further, we show that international investors face risk of expropriation related to thedomestic political regime of host country as well as the diplomatic relations between home and host countries.Our analysis shows that highly democratic regime as well as the good diplomatic relationship conditionpositively the effects of legally enforced investment provisions. Finally, the fourth chapter identifies PTAsaccording to different levels of legalism of environmental provisions. We show that North-North countries signhighly legalistic environmental provisions whereas North-South country-pairs are more prone to sign mediumlegalistic environmental provisions
Abdel, Moneim Yasmine. "Les contentieux commerciaux au sein de l'OMC et le mécanisme de règlement des différends". Montpellier 1, 2008. http://www.theses.fr/2008MON10064.
Testo completoLalanne, Bertin. "Analyse économique de l'efficacité des sanctions antitrust". Montpellier 1, 2000. http://www.theses.fr/2000MON10060.
Testo completoKomlavi, Kokou. "L'impact de la mise en oeuvre de la conditionnalité démocratique de l'aide européenne sur la politique au Togo et au Zimbabwe". Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30035.
Testo completoToday there is a significant advance in the democratization process in Togo and Zimbabwe because of the political democratic conditionality for EU development aid and financial sanctions imposed against the country. It is the synergy of internal and external forces that contributed to the change in policy in Togo and Zimbabwe. The mobilization of civil society has been helpful. However, the political system produced by policy conditionality is only façade since the results are not up to what was expected. The results are mixed. The reforms undertaken in Togo and Zimbabwe are only apparent. In addition, aid dependence has fostered corruption, debt, and undermined investment. Unless appropriate solutions can be found to the democratic aspirations of the African peoples, taking into account their social, cultural, economic and political realities; sociopolitical crises are likely to persist on the continent. Africa today needs a strong institution capable of reconciling democracy and development. It also needs fiscal and monetary independence
Sadoun, Medjabra Leïla. "L' extraterritorialité en droit international économique". Paris 1, 2010. http://www.theses.fr/2010PA010293.
Testo completoGhalloussi, Farah. "L'assurance des nouveaux risques maritimes". Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D021.
Testo completoThe rise of new risks that affect maritime transport operations raises the challenge of how to deal with them through maritime law and insurance procedures. Indeed, since it is the sine qua non condition of this trade, it is worth querying its methods of apprehending new risks and its procedures for dealing with them to see to what extent they can be the subject of an insurance operation. The hostility of the maritime environment is therefore intensified by the instability of the international legal framework, the uncertainties associated with shipping in certain areas, the accumulation of values at risk on very large vessels and finally the poorly monitored digital transition in the maritime industry. First, through the identification of new risks that are of concern to maritime operators, it has been made possible to identify some common features in their apprehension. The technical and legal insurability of each of these new risks is examined in the light of itscharacteristics. It is monitored to see what weaknesses it creates, what the consequences of its realization may be and what challenges it represents for the insurance market. In addition, the examination of the legal and normative framework for new maritime risks makes it possible to assess the relevance of the responses developed for their management and, if necessary, to propose appropriate responses in order to improve their insurability when this is possible. Next, the insurance of new maritime risks is to cover the risks selected by the contracting parties from among all insurable risks or those located "at the limit of insurability". The principle of the guarantee offer in this area follows two interdependent dynamics. On the one hand, policyholders, unable to cope with new risks, are seeking to transfer them to insurers by pushing them to expand their range of offers by creating products that are increasingly specific to their new needs. On the other hand, insurers have always been there for their clients by pushing the limits of their commitments and increasing their subscription capacities by seeking solutions in traditional or alternative risk transfer and sharing markets. The implementation of the guarantee taken out must make it possible to indemnify the new risks incurred against which the maritime actor has taken out insurance. The mobilization of insurance protection in the event of a claim may face barriers that place the marine insurer at the center of three actions dealing with the marine insurance contract. Two actions can be taken against him: One by the insured, the action in warranty, the other by the victim, the direct action taken by a third party against the insurer. The marine insurer, which has indemnified its policyholder for the damage it has suffered, has recourse against the liable third party who has mobilized its coverage through subrogation
Khaneboubi, Abdellah. "Les sanctions en droit pénal économique : étude de droit français et aperçus de droit comparé". Poitiers, 1986. http://www.theses.fr/1986POIT3011.
Testo completoOne of the particularities of the economic offences is its derogatory character to the common law in regard to the sanction. Some economic offences can be either sanctioned by criminal or administrative measures. The punitive sanction which in some cases can be enforced to corporate bodies is marked by its severity and variety (imprisonment, fines, confiscation, disqualification. . . ) concerning some offences, they can be disposed of by -out- of court financial settlements
Baldes, Olivia. "La sanction professionnelle en droit pénal des affaires : contribution à une théorie générale de la sanction". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1039.
Testo completoThe subject evokes the idea that professional sanction is the sanction applicable tobusiness criminal law. Indeed, in accordance with the terms used, one should logicallyunderstand that the subject concerns “business criminal law” and more specifically a sanction that would potentially apply to it, namely “professional sanction”. Paradoxically, however, the links between the different terms are not clearly defined by law. At this stage, only an intuitive link connects them. Our approach has therefore been to confront this intuition, our starting point, with current law and to expose all its particularities. Thus professional sanction needed first to be conceptualized with an empirical analysis of the notion that we have translated into a dual objective, then with a theoretical analysis revealed in a single base. Eventually, this attempt to conceptualize has proved useful not only to those who try to elaborate a general theory of sanction, but also to those who are studying the possibility of a decriminalization of business criminal law
Rachid, Loulouwa al. "L'Irak de l'embargo à l'occupation : dépérissement d'un ordre politique (1990-2003)". Paris, Institut d'études politiques, 2010. http://www.theses.fr/2010IEPP0036.
Testo completoThis dissertation centers on the study of a short and tragic episode in contemporary Iraqi history which begins with a war of invasion and ends with another (1990-2003). It addresses this period with the tools of the sociology of political crises while at the same time placing it in the international context of the embargo. It aims thus at producing an analytical framework which captures the transformations of the political order at the level of the relationship between state and society and between politics and economics. In part one, the process of disintegration following the Gulf war, the popular uprisings of 1991 and their suppression is examined. Part two is devoted to the analysis of the forced migration caused by the international economic sanctions and the subsequent consolidation of an opposition in exile encouraged by the United States and their allies. Delving into this exopolitical order allows to shed light on the cultural effects and identity politics borne outside the Iraqi domestic order ; to a great extent, these developments explain the recomposition of the Iraqi polity following the American occupation of 2003. Part three highlights the survival strategies over the sanctions period of both Iraqi society and the ba’th political regime at the socioeconomic and symbolic levels
Monnier-Schlumberger, Constance. "De la détection à la sanction des cartels : une évaluation économique de la politique antitrust communautaire". Paris 1, 2009. http://www.theses.fr/2009PA010045.
Testo completoDo, Rego Bernardo-Casmiro. "La fusion-acquisition à l'épreuve du droit pénal". Thesis, Normandie, 2017. http://www.theses.fr/2017NORMC006.
Testo completoThe Internationalization of economical exchanges inscribes national’s economies in a globalized order. This globalized context intensifies the business’s trades and the competition between companies. These have to perpetually struggle to survive on the market. To avoid disappearance, they have to become stronger and bigger. Thenceforth, they are constrained to an external growth. This type of external growth materializes itself by concentrations: such as mergers, scissions, acquisitions, partial transfers of assets, transfers of control, takeovers. We talk about mergers and acquisitions. For some years now, these transactions had become a reality in a business’s life. Relay at each realization – at least the most significant ones – by the media, they are most known for the synergy they realized and/or social consequencies they cary. Generally studied in economics sciences and legal sciences manuals, mergers and acquisitions are rarely considered exclusively by criminal approach. This is precisely the purpose of this study. Nevertheless, only concentrations such as mergers scissions and takeovers will be considered in this study. Legal risks tied to such transactions, in particular criminal ones, are found at all stages. In the context of those concentrations, criminal Law is intended to protect all different interests in presence, meaning actors, natural persons as well as legal persons. But some certain obstacles call for a measured or moderated application of criminal Law. The first one is the legal personality, the basis of multiples criminal Law principles. The second is a combination of many or multiples difficulties: the diversity and/or the specificity of the applicable rules to those transactions, usually the international character of the latter ones and the limited scope of the Law on secondary penalties. This study is proposing to conciliate those obstacles with the necessity of and the requirements of a true, just and better criminal repression during these transactions realization. For this purpose, our contribution lay stress on renewal of the criminal Law application during the mergers and acquisitions. Two mains avenues will be considered: consider the economic character of the transactions to apply a penalization; intended here as the act of sanctioning and re-enforce the penalty of mergers and acquisitions in view of economic criminal Law; laying on the notion of enterprise to bring a penal answer adapted to the penalty. It will be at this double condition that the criminal Law will have a real interest in the frame, limit of those transactions
Taibi, Achour. "Le pouvoir répressif des autorités administratives indépendantes de régulation économique, témoin de la consécration d'un ordre répressif administratif : étude comparative des droits français et algérien". Electronic Thesis or Diss., Paris 1, 2015. http://faraway.parisnanterre.fr/login?url=http://www.harmatheque.com/ebook/pouvoir-repressif-des-autorites-administratives-independantes-de-regulation-economique-temoin-de-la-consecration-d-un-ordre-repressif-administratif-59318.
Testo completoThe advent of the quasi autonomous non-governmental organizations of economic regulation has largely contributed to the consecration of an administrative repressive order beside the penal order, as well as it contributed to the renewal of the concept of administrative sanction. The repressive power of the Quango challenges us in many respects, because illustrates the exorbitance of the administrative law and the powers of the administration in economic matters
Taibi, Achour. "Le pouvoir répressif des autorités administratives indépendantes de régulation économique, témoin de la consécration d'un ordre répressif administratif : étude comparative des droits français et algérien". Thesis, Paris 1, 2015. http://www.theses.fr/2015PA010275.
Testo completoThe advent of the quasi autonomous non-governmental organizations of economic regulation has largely contributed to the consecration of an administrative repressive order beside the penal order, as well as it contributed to the renewal of the concept of administrative sanction. The repressive power of the Quango challenges us in many respects, because illustrates the exorbitance of the administrative law and the powers of the administration in economic matters
Hachicha, Farah. "Qualité des Produits, Qualité de la main d’oeuvre et Sanctions optimales dans la Théorie de l’Agence". Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020032/document.
Testo completoAfter a general introduction and a survey of literature, the contribution of this thesis is to establish a link between the goods market and the labor market and to propose optimal legal system to deter opportunistic behavior within the company. Throughout the thesis, we consider a monopoly that produces two types of good. Consumers are heterogeneous according to their preferences to quality. Chapter 2 analyzes different agency structures to determine the best structure that allows both to maximize the profit of the company and maximize the welfare of consumers and employees. Chapter 3 examines distortion of the quality of goods and the level of the workers’ effort with adverse selection on the goods market and the labor market compared with perfect information. This chapter examines the role of the consumer and the judge to discourage this kind of opportunistic behavior.Keywords: Quality of goods, quality of labor, optimal contract, portfolio of contract, opportunism, collusion, social welfare, optimal sanctions, firm design, law and economics
Cormier, Maxime. "Une limite à l'exécution forcée du contrat : la disproportion manifeste de l'article 1221 du Code civil". Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2022. http://www.theses.fr/2022ASSA0066.
Testo completoThe recent reform of French contract law has not only stated in the Civil Code that the creditor has a right to the specific performance in the event of breach of contract. Article 1221 of the Civil Code also provides for a new exception to this remedy “if there is a manifest disproportion between its cost to the debtor in good faith and its interest for the creditor”. While this new limitation is generally considered to be a mere variation of the theory of abuse of rights, it is submitted that it can be considered autonomously. The first part of the thesis aims to identify the exception, i.e. to ascertain its core elements. As it appears, the exception is based on a particular tool – the test of manifest disproportion – designed for a specific purpose - to avoid the economic inefficiency of specific performance -, the said purpose justifying the impairment of the binding force of the contract. Thus, the exception differs from other rules based on the idea of proportionality, but also from other rules pursuing a moral purpose, such as the theory of abuse of rights. The second part of the thesis focuses on the implementation of the new exception. The presentation of the various practical aspects of the said exception proceeds from two approaches – a static and dynamic – of the essential task of the judge: the characterisation of the manifest disproportion
Fruchart, Perrine. "La stratégie d'engagement : une alternative à la diplomatie coercitive : les relations entre les Etats-Unis, la Corée du Sud et la Corée du Nord 1994-2008". Paris, EHESS, 2011. http://www.theses.fr/2011EHES0051.
Testo completoFrom the middle of the 90s, South Korean and American leaders set off on a strategy of engagement which aims at getting a change of attitude from North Korea. The “positive sanctions” which are granted to this State are of a politico-economic nature and work in particular towards the beginnings of an inter-Korean cooperation which turns out to be new. This situation seems quite exceptional, ambiguity and rivalries are so strong between both Koreas on the one hand, between the United States and North Korea on the other hand. Besides the strategy adopted by both allies is far from having been unanimously approved in their own camp, hence sometimes some inconsistency and retreats, particularly in the United States. Moreover, although allies, the United States and South Korea do not pursue the same objectives, which explains their difficulties to coordinate their policy. In the process, North Korea seems much more like a full actor than a simple « target » of the strategy of engagement. The question is whether such a strategy has had effects on an opening of North Korea. If the parenthesis of easing came to an end in 2008-2009, reasons are to be found out bath in North Korea and into the changes of strategy of the other actors. In fact, engagement seems to have been initiated to the full too briefly to be able to keep its promises. So, this thesis strongly denies surrounding pessimism as regards possibilities to negotiate with North Korea and the study will try to define the conditions of a consistent approach on the subject
Castonguay, Guillaume. "Les sanctions économiques canadiennes outil de construction identitaire". Mémoire, 2010. http://www.archipel.uqam.ca/2646/1/M11251.pdf.
Testo completoGagné, Krishna. "Une analyse de la sanction économique en droit international". Thèse, 2005. http://hdl.handle.net/1866/2407.
Testo completoThe fundamental criticism addressed to internationallaw denounces the weaknesses of its sanctions mechanisms. For this reason, severallegal thinkers conc1uded to the inexistence of international law. The present text studies the rhetoric behind this statement and examines its validity. To do so, we analyze in the first place the relationship between sanction and law through the positivist framework of the XIXth Century. We examine in turn the so-called fundamental elements of sanction. We compare these elements with different non-Iegal orders so that we can ultimately reject the positivist theory according to which coercion and centralization ofpower are the fundamental elements of sanction. Chapter II examines the United Nations Security Council framework for adopting economic sanctions. This step allows us to underline the main sources ofweaknesses and limitations of internationallaw. In this respect we observe that the lack of international cooperation is the major weakness of internationallaw. Furthermore, an analysis of the relevant dispositions of the United Nations Charter shows that the veto right and the principle of international sovereignty are two elements that hamper international cooperation. We then study the objectives behind the adoption of sanctions as well as their effectiveness. Finally, we study general embargoes as well as arms embargos. This inquiry allows us to focus on the effects of economic sanctions on both civilians and third States. It also helps us understand the problems with regard to the administration of a sanction, as well as the ways to bypass the prohibitions.
"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de Maîtrise en droit, option recherche (LL.M)". Ce mémoire a été accepté à l'unanimité et classé parmi les 10% des mémoires de la discipline. Commentaires du jury : "Excellent mémoire qui aborde de façon intelligente et stimulante un sujet par ailleurs complexe. Félicitations des membres du jury qui ont apprécié avoir le privilège de lire ce texte."
Bouchard, St-Amant Pier-André. "Des subventions aux études et de leur impact". Mémoire, 2008. http://www.archipel.uqam.ca/1752/1/M10639.pdf.
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