L'application des conventions internationales de droit maritime en droit français

Abstract : The main purpose of the international organization when adopting an international convention is to provide uniform rules for specific fields. The incorporation of international regulation into the legal system of States parties depends on the national laws. In France, the monism system leads to the possibility for every claimant to invoke the provisions of the treaties to support their claim. The authority of international maritime convention has increased when the EU regulation implemented them in EU system which implies that States members are obliged to comply with them. The legal status of international convention in the national French legal system guarantees the enforcement of their own provisions, provided that they are duly applied by the national Courts. The judge will have a significant impact in the enforcement of a treaty. His ruling can improve the unification of international law. However, the judge will be subject to some constraints that may threaten the aim of unification of applicable rules in the shipping law.
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Submitted on : Friday, May 4, 2018 - 3:36:05 PM
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  • HAL Id : tel-01785786, version 1



Leslie Monteil. L'application des conventions internationales de droit maritime en droit français. Droit. Université Panthéon-Sorbonne - Paris I, 2018. Français. ⟨NNT : 2018PA01D008⟩. ⟨tel-01785786⟩



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