Documents found

  1. 3111.

    Note published in Études internationales (scholarly, collection Érudit)

    Volume 16, Issue 3, 1985

    Digital publication year: 2005

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    The United Nations adopted the Law of the Sea Convention (LOSC) on April 30, 1982 but the saga began in 1967 when Arvid Pardo, the Permanent Representative of Malta to the United Nations, called for a constitution for the oceans of the world and a charter for its sea-bed, its resources, its subsoil and the air above it. The third United Nations Law of the Sea Conference (UNCLOS III) was convened in 1973 and terminated in the historic vote at New York on April 30, 1982 where 130 nations voted for the Law of the Sea Convention, only four voted against and seventeen abstained. The Law of the Sea Convention is a giant step forward in world and human affairs because it is concerned with sharing the earth's underwater resources amongst the earth's inhabitants rather than on the basis of first come/first served. The Convention controls, protects, shares and develops the oceans for all mankind. Questions of 12 mile limits, exclusive economic zones, continental shelves, territorial water rights of transit and innocent passage are also dealt with. Much old law is codified, much new law is created and even for non signatories there is much new customary international law. The Law of the Sea Convention is perhaps the greatest legislative triumph of the United Nations in its 40 year history.

  2. 3112.

    Other published in Études internationales (scholarly, collection Érudit)

    Volume 22, Issue 4, 1991

    Digital publication year: 2005

  3. 3113.

    Article published in Études internationales (scholarly, collection Érudit)

    Volume 23, Issue 2, 1992

    Digital publication year: 2005

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    It has been said that Resolution 688 (1991) established a "right to interfere" for humanitarian reasons. This right - reference was even made to a "duty of humanitarian interference" - would allow third-party states to take the initiative of committing acts of humanitarian intervention on behalf of minorities subjected to ill treatment by the authorities of their country. Resolution 688 (1991), however, does not establish this right. Although the Security Council recognized itself as being competent to intervene, it did so because it had succeeded in identifying a threat to peace. Furthermore, although the United States, France, and Great Britain intervened, they were able to do so because they had breathed new life into humanitarian-motivated intervention by giving it the form of a sanction-intervention.

  4. 3114.

    Other published in Études internationales (scholarly, collection Érudit)

    Volume 25, Issue 1, 1994

    Digital publication year: 2005

  5. 3115.

    Article published in Études internationales (scholarly, collection Érudit)

    Volume 25, Issue 4, 1994

    Digital publication year: 2005

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    A brief historical survey of the u.s. export controls on strategic goods indicate the importance of the Cold War in achieving these objectives as well as the importance of polycentrism across and within the institutions and agencies concerned. The proliferation of controls has brought about a large area of freedom for the implementation of foreign policy by the executive branch of the Government. After the end of the Cold War, one can surmise that the emphasis mil be felt at three different levels : a greater discretion by national actors in the implementation of export controls policy, a greater harmonization of multilateral efforts designed at promoting the nonproliferation of weapons of mass destruction, and greater cleavages between those who want to relax export controls for economic reasons and those who want to strengthen them for security reasons. On the whole, the multiplicity of legislative actions and organizations concerned can only reinforce the freedom of action of the executive branch of the Government.

  6. 3116.

    Article published in Études internationales (scholarly, collection Érudit)

    Volume 18, Issue 1, 1987

    Digital publication year: 2005

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    Each of the member states of the European Economic Community (EEC) has extended, through a common agreement, its own fishing grounds to 200 miles, thus leading to the creation, since 1977, of the Community waters whose exploitation would be subjected to the common fisheries policy of the EEC. The widespread extension of fishing grounds throughout Europe together with the state of overfishing in the North-East Atlantic have led the EEC to elaborate a policy in order to protect the interests of its member states, to make their fishing vessels competitive, and to ensure the stability of the fishing industry. This paper looks into the implementation of the fisheries policy of the EEC, internally — namely access s rights to Community waters, the coordination of markets and producers, aid to modernize the vessels - as well as regarding foreign countries with whom agreements are sought in order to maintain historic fishing rights - specially in the North Atlantic - or in order to develop new fishing grounds - specially along the West African coast and in the Indian Ocean - a quarter of the EEC catch is made outside Community waters. France is deeply committed to the orientations of the EEC fisheries policy due to the importance of its fleet of trawlers fishing outside French waters and to the potential catch in the exclusive economic zone of its departments and territories overseas. The compromise signed by member states in 1983 is an important step towards the establishment of a true « Europe Fisheries ».

  7. 3117.

    Article published in Séquences (cultural, collection Érudit)

    Issue 99, 1980

    Digital publication year: 2010

  8. 3118.

    Article published in Revue générale de droit (scholarly, collection Érudit)

    Volume 42, Issue 2, 2012

    Digital publication year: 2014

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    An actor of modernization in the 19th century, and a symbol of the fight for national liberations, and of sovereignty after the independences, the Constitution has never ceased to be instrumentalized by the leaders in the republican Arabic countries such as Tunisia, Egypt and Algeria, to the point of being reduced, in itself as well as in the principles that it represents, to just a "symbol". Instead of being a way of limiting the power of the leaders, it has been transformed by them into an "instrument of power" (specifically by interfering with the process of elaboration of the Constitution, by way of exercising exceptional powers, and mainly by the constant revisions of the Constitutions). This situation has led to the failure of constitutionalism, and has been one of the causes of the current revolts of the Arabic peoples.

    Keywords: Constitution, droit constitutionnel, histoire constitutionnelle, Algérie, Égypte, Tunisie, Constitution, Constitutional Law, Constitutional history, Algeria, Egypt, Tunisia

  9. 3119.

    Article published in Revue générale de droit (scholarly, collection Érudit)

    Volume 36, Issue 3, 2006

    Digital publication year: 2014

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    The fight against irregular migration is a key element of the European immigration and asylum policy. The European Union plays a major role in the struggle against irregular migration through the police cooperation between its Member States. This cooperation has progressively been consolidated by the establishment of specific EU structures and programs. The police cooperation against irregular migration covers a large scale of activities including the control of information, visa and return policies as well as integrated management of the frontiers. The synergy between the EU and its Member States in this field has important consequences on the perception of the notions of "frontier" and "internal security". Moreover, it has a deep impact on the structures, the role and the competencies of the police in Europe. As such, the said cooperation results into the criminalisation of the migration, which in turn legitimizes the reinforcement of police cooperation.This article aims at studying the process of the Europeanization of the police cooperation in the fight against irregular migration within the EU. It asserts that the reinforcement of the said cooperation is a sine qua non for the effective implementation of EU programs in this field. The article also examines the consequences of the police cooperation in terms of democratic legitimacy and of fundamental rights protection, together with the future perspectives in the police cooperation within the EU.

  10. 3120.

    Article published in Revue générale de droit (scholarly, collection Érudit)

    Volume 34, Issue 4, 2004

    Digital publication year: 2014

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    Cameroon, like most countries that have adopted the Torrens system, has opted for a land registration system of immatriculation, which essentially involves the registration of real property rights into a land title book.The registration of these real rights into the land title book comes into play only once a procedure designed to reveal all the rights attached to an immovable has been completed. When no opposition has been brought during this procedure, the land title obtained becomes incontestable, intangible and definitive.However, Cameroonian positive law has brought two limitations to these principles of incontestability and irrevocability by allowing those whose rights have been encroached upon by a fraudulent immatriculation, or following an administrative error, or as a result of fraud by a beneficiary, respectively to initiate either a personal action in damages before a Court of civil jurisdiction, or to solicit the administrative withdrawal of the land title by the competent authority, or finally to request the title be constitutes the originality of Cameroonian law compared to the laws adopted by other nations with a Torrens system.This ability to challenge the land title before the administrative Justice and the possibility of having the title quashed demonstrates that the land title itself possesses only relative probative force. Within its current process of rethinking the immatriculation system, Cameroonian public authorities tend to improve it by placing emphasis on the flaws discovered, namely the inefficiency of publishing immatriculation notices and the lack of effective ground investigation.