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Les interactions normatives en matière de régimes de contrôle des exportations d'armement

Abstract : Arms, dual-use goods and technologies export control, is assuming growing importance in the current geopolitical context. In fact, the export of these goods, which has been increasing steadily over the past few decades, touches on highly sensitive ethical, economic, and strategic issues, attracting considerable media attention. The law governing the export of these goods must therefore be coherent and so far as possible intelligible in order to guarantee the legal security expected by states, citizens and exporting companies. Rules in this domain are constantly expanding at the international and regional levels increasing the risk of normative conflicts. Divergences appear between the internal norms of the states because of their belonging to distinct international and regional regimes and a divergent implementation in domestic law. Hence, the proliferation of texts and the instability of rules threaten the legal security becoming a factor of uncertainty for all the actors involved in control. This thesis aims to analyse the level of coherence of the legal framework relating to arms, dual-use goods, and technologies export control via a two-phase positivist approach, first examining the normative fragmentation determined by the plurality of control norms and standards, and then studying the legal harmonisation generated by the action of international and regional bodies in this field. This approach, which falls within the theories of the legal systems and legal pluralism, reveals a complex chain of normative interactions capable to highlight the “porosity” of the legal systems. Legal orders, from enclosed “arenas” become a space of encounter with number of normative exchanges, emphasizing the phenomena of “normative circulation”. Furthermore, the approach adopted shows the increasing trend of this legal framework towards progressive harmonization rather than disaggregation.
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Submitted on : Wednesday, March 25, 2020 - 12:01:11 PM
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  • HAL Id : tel-02518534, version 1



Luisella Ramoino. Les interactions normatives en matière de régimes de contrôle des exportations d'armement. Droit. Université Côte d'Azur, 2019. Français. ⟨NNT : 2019AZUR0025⟩. ⟨tel-02518534⟩



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