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Regard sur l'Etat justiciable en droit International

Abstract : This thesis examines the status of the defendant State in international law. The study of State, subject of international law and immune from international courts, led to the analysis of its international legal personality. To know the legal status of the State and its possible questioned before an International Court, it took to give a definition of the concept of sovereignty and state test. It is from the variant sovereignty comes the phenomenon of justiciability of the State under international law. In this study, new international law as proposed by the Charter in 1945, maintains the State in his classic role as main subject of the law of Nations, by taking away all the same absolute and inaccessible sovereign status. In addition to the classical inter-State disputes, the sovereign State has become since that date an almost banal litigation player before the new international courts. It is as well as the emergence of new actors in the international society as individuals, businesses and NGOS, gave rise to a new conventional development in legal spaces that are outside State control. The international protection of human rights puts the individual in the national sphere to the international sphere. The new international economic law, institutionalized by the ICSID in 1965, the new law of the sea, materialized by the Montego Bay Convention of 1982 and the development of international criminal courts (Fight against impunity) are evidence of a transformation of the international legal environment where the State is no longer the only main interest of international reports.
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Submitted on : Friday, December 16, 2016 - 10:06:06 AM
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  • HAL Id : tel-01417856, version 1



Thierno Abdoulaye Diallo. Regard sur l'Etat justiciable en droit International. Droit. Université de Limoges, 2016. Français. ⟨NNT : 2016LIMO0040⟩. ⟨tel-01417856⟩



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