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La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français

Abstract : The question of the state’s responsibility towards international engagements is subject to jurisprudential evolutions. In 2011, the Counsel of the State dedicated the responsibility without fault due to the international customs. These dedications provoked a debate about the founded assimilation between the responsibility of the acts of laws and the responsibility due to the international conventions. Concerning this, one must turn to the past: the system of responsibility based on the occurrences of international conventions inaugurated with the stop of the company of radio electric energy. In 1966, the Counsel of the State overtook the problem of the theory of government act and constituted a system of responsibility based on the principle of equality before the public charges. The rule of reparation is not destined to repair the damages directly resulting from the convention, but those caused by its application. It only concerns the abnormal and particular damages. This state of responsibility was accepted under the close terms of the system of responsibility on the acts of laws.Today and with the jurisprudential evolution, a disassociation operates between the responsibility of actions on international engagements and the responsibility of the acts of law. It seems possible to sanction independence from the system of responsibility of actions of international engagements and that of law.
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https://tel.archives-ouvertes.fr/tel-01699139
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  • HAL Id : tel-01699139, version 1

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Ahmad Kodmani. La responsabilité de l’Etat sans faute du fait des engagements internationaux : Devant le juge administratif français. Droit. Université d'Angers, 2015. Français. ⟨NNT : 2015ANGE0044⟩. ⟨tel-01699139⟩

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