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Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional
Number of Followers: 0  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0828-9999 - ISSN (Online) 2561-6994
Published by Érudit Homepage  [151 journals]
  • Le régime des obligations positives de prévenir et de poursuivre à
           défaut d’extrader ou de remise prévues dans le texte des projets
           d’articles sur les crimes contre l’humanité provisoirement adoptés
           par la Commission du droit international

    • Abstract: Ezéchiel Amani Cirimwami and Stefaan Smis : This article is about the text of the Draft Articles on Crimes Against Humanity temporarily adopted by the International Law Commission at its sixty-eighth session in 2016. It cannot be ruled out that the adopted text could subsequently be amended to take into account the evolution of the discussions within the International Law Commission. The final version of the Draft Articles ishighly anticipated by internationalists, all the more since in 2014, the Commission already observed in what constituted a “Final Report” on the theme of the obligation to extradite or prosecute (aut dedere aut judicare) that the existing treaty regime contained significant limitations as concerns the obligation to extradite or prosecute, which might need to be addressed. Amongst others, the Commission noted the absence of international treaties containing this obligation as relates to crimes against humanity. Also, the Commission reminded that it had placed this issue on its work programme, in the context of which was considered the elaboration of a new instrument on the prevention and repression of crimes against humanity that would include an obligation to extradite or prosecute the authors of these crimes. As adopted to this day, the text clearly provides, on the one hand, that crimes against humanity, should they be committed in times of armed conflict or not, are crimes under international law that states have committed to prevent and punish. On the other hand, it provides that states must cooperate in this respect, including through the obligation to prosecute or to extradite or to surrender. However, as appears from this analysis, there exists no obligation for states to try the presumed authors, nor to punish them. The obligation actually consists of the state submitting the case to its competent authorities for the exercise of criminal action. This does not mean, neither, that there exists an obligation to bring criminal charges, inasmuch as these authorities retain control on the initiation of proceedings. They are also free to not pursue the case without this decision resulting in a breach of the obligation imposed on the state under which they are acting, to prosecute the suspect without extraditing him or her, or to surrender him or her to a competent international jurisdiction.
       
  • La responsabilité civile de l’Organisation des Nations Unies.
           Effectivité et efficacité des mécanismes de réparation offerts pour
           les personnes privées : le cas des exactions sexuelles commises par les
           casques bleus

    • Abstract: Marion Mompontet : The United Nations Organisation’s peacekeeping operations are regularly cited in the medias but it is not always for their successes. The growing number of peacekeeping operations deployed by the Security Council of the United Nations has also seen the number of sexual exploitation and abuse increase in the host countries. For instance, the year 2016 has been strongly marked by allegations of sexual exploitation and abuse against women and children, girls as boys, perpetrated by members of peacekeeping operations, especially blue helmets. Among a report of the new Secretary general of the UN general assembly, António Guterres, published 28th February 2017, only for the year 2016, 65 allegations of sexual exploitation and abuse has been attributed to the civilan staff and 80 attributed to the uniformed personnel for a total of 311 victims. If a lot of things has been already written about the individual criminal responsibility of the blue helmets and the legal framework of their action, very little has been said about the United Nation’s share of responsibility in the commission of this serious sexual offences. Does the UNO accept its share of responsibility' Does it indemnify the victims' This article aims to analyse the different mechanisms offered by the United Nations to register complaints and indemnify the victims of sexual exploitation and abuse committed by the members of the peacekeeping operations. Two major problems appear about that question: if lots of mechanisms are created, the absence of effectivity and effectiveness and the obvious refusal of the UNO in accepting its civil responsibility as regards sexual exploitation and abuse remain through the years.
       
  • Acquisition of Title to Territory in the Aftermath of the Use of Force in
           the United Nations Era: The case of the State of Israel

    • Abstract: Rafał Soroczyński : The territory to which the State of Israel had a title as a newly-created state corresponded to the areas allotted to Jews by the provisions of the resolution 181(II) adopted by the General Assembly of the United Nations on November 29, 1947, which had recommended the partition of Palestine and creation of the Arab state, the Jewish state and the City of Jerusalem as a corpus separatum. As this territorial regime had been modified during the Arab-Israeli war of 1948-1949 and Israel’s government has recognized the areas seized by it during the war as part of its territorial domain, the problem arose as to Israel’s title to those additional territories situated between the 1947 partition lines and the lines established in accordance with the armistice agreements of 1949. Due to important characteristics of the legal status of former mandatory Palestine and to the fact that considerable parts thereof became occupied territories, the process of consolidation of the title thereto required the consent of the international community as a whole. This consent has in fact been granted, both by the international community and by representatives of Palestinian Arabs, in respect of large parts of territories situated between the 1947 partition lines and the 1949 armistice lines. There are no doubts that the State of Israel has sovereign, uncontested rights to these areas. As it constitutes important departure from the generally accepted principle that the use of force in any form cannot serve as a root of title to territory, this situation is of particular interest, providing support for the view that this principle cannot be analyzed without due regard paid to those exceptional situations where the international community decided to depart from its strict application in order to safeguard stability of territorial solutions.
       
  • Les avantages et les inconvénients des contrats buy-back par rapport aux
           contrats de partage de production

    • Abstract: Seyed Hossein Tabatabaei : One question which needs to be carefully examined pertains to the types of contracts which allow the reconciliation of the interests of host countries and those of foreign companies. This is in these the main issue, which arises in relation to oil contracts. Each type of contract takes a different form depending on the way they meet these two requirements. Iran has often preferred buy-back contracts. buy-back contracts, considered most consistent with Iranian laws, have been subject to criticism. Highlighting these gaps, some critics propose substituting buy-back agreements with production sharing agreements, which are most commonly used in the world. The effectiveness of such a reform is, however, questionable. Improving buy-back contracts would, arguably, be more appropriate.
       
  • LES ORIENTATIONS DOCTRINALES DE LA COMMISSION DE L’UNION AFRICAINE
           SUR LE DROIT INTERNATIONAL

    • Abstract: Blaise Tchikaya : From the start of the African Union Commission on International Law (AUCIL), the question arose as to what were the doctrinal and conceptual foundations on which this Commission’s work should be based. It consisted of the first time, and not without surprise, that Africa created its own body for discussions, proposals and codification of international law. Should the doctrinal options of this Commission on international law be restricted to the reading of the attributions prescribed by its intergovernmental organization (the African Union); or, should they be found beyond such attributions' It appeared to its elected members that they must take into account the evolution of international law and ensure the universality of the body’s work. This article seeks to explore how the Commission directs its analyses and conclusions in terms of diplomatic, political and legal priorities. Upon the establishment of the AUCIL in 2009, rejecting the system of international law wasn’t in question. Rather, the objective was to solidly add to it the objectives that Africans hold in common, objectives that reinforce and consolidate the principles of international law, as well as to place Africa at the forefront of international legal developments. The AUCIL, arguably, has an ambivalent mission: it is simultaneously Africanist, inasmuch as it protects and inserts into international law the shared African values, as well as having an universalist mission, because all international legal rules must have a universal vocation. From its first sessions, and through its first working themes, this new Commission surely demonstrates continuity, but also a denunciation of the recent evolutions of international law. African countries namely denounced what they called as early as 2008 in Sirte (Libya) an abusive implementation of the principle of universal jurisdiction by non-African countries (Decision EX.CL/496 (XV) on the Abuse of the Principle of Universal Jurisdiction of July 2008, renewed in Kampala in 2010). This denunciation constituted one the reasons for the birth of a regional conceptualization and codification body for international law. Without, it appears, raising the question of what are the means to achieve this.
       
  • WOLF-GEORG RINGE, ARBITRAGE ET CONCURRENCE RÉGLEMENTAIRES DANS LA
           GOUVERNANCE DES MARCHÉS FINANCIERS MONDIAUX, MONTRÉAL, ÉDITIONS YVON
           BLAIS, 2015

    • Abstract: Clémence Chevalier
       
  • Claude Emanuelli, Les conflits armés et le droit, Montréal,
           Wilson & Lafleur, 2017

    • Abstract: Olivier Grondin
       
  • Michèle Rioux, Christian Deblock et Laurent Viau, dir, L’ALENA
           conjugué au passé, au présent et au futur, Québec, Presses de
           l’Université du Québec, 2015

    • Abstract: Adèle Mauthès
       
  • SALEHA HEDARALY, UNDER THE INFLUENCE' THE USE OF ICC ARBITRAL
           DECISIONS IN CANADIAN LAW, MONTRÉAL, ÉDITIONS THÉMIS, 2015

    • Abstract: Jeff-Teddy Kevin Papoin
       
  • Fabien Gélinas et al, Foundations of Civil Justice: Toward a Value-Based
           Framework for Reform, Cham, Springer, 2015

    • Abstract: Alexandra Pasca
       
  • Stéphane Leclerc, L’essentiel du Droit des institutions de l’Union
           européenne, 7e éd, Issy-les-Moulineaux, Gualino, lextenso, 2017

    • Abstract: Carole Sénéchal
       
  • Collin McCullough et Robert Teigrob, dir, Canada and the United Nations:
           Legacies, Limits and Prospects, Montréal, McGill-Queen’s University
           Press, 2016

    • Abstract: Julien Simard
       
  • Robert A. Ferguson, Practice Extended: Beyond Law and Literature, New
           York, Columbia University Press, 2016

    • Abstract: Sabrina Tremblay-Huet
       
  • Gilbert Gagné, The Trade and Culture Debate: Evidence from US Trade
           Agreements, New York, Lexington Books, 2016

    • Abstract: Antonios Vlassis
       
 
 
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