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La coutume internationale et les organisations internationales : l'incidence de la dimension institutionnelle sur le processus coutumier

Abstract : This thesis intends to analyze systematically the growing effect of international organizations on the customary process, and specifically the extent in which the institutional context deeply modified nowadays the conditions of birth, existence and disappearance of the international customary rules. first, this effect produces an enlargement of the material sphere of these rules: on the one hand, they are concerned with the relational society, governing, not only the traditional interstate relations, but these, too, of international organizations, between themselves and with states; on the other hand, these rules are a matter for the functioning and the life of international organizations, analogous to constitutional custom or conventions of the constitution. Next, this effect tends to a relative objectivity of the customary process, favoring its appraisal, in the course of three stages, at each of which the effect of the institutional dimension is evaluated. A first part of this work illustrates the increasing diversity of the authors and the elements of practice, and the more formal process of its structuration and generalization. this thesis shows in its second part how the international organizations tend to generate more easily customary rules, facilitating their identification in texts of codification, and refining the criteria and space-time conditions of normativity. the third part of this thesis considers the impact of international organizations on the juridical effects to custom, in space-time dimension (opposability and longevity), then in their intensity: the institutional factor revels in this respect the gradual subordination of the customary rules of the organization to the constitutive treaty, the authority of custom being itself much more depending on the jurisdictional function relating to international
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Submitted on : Tuesday, April 24, 2018 - 4:09:16 PM
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  • HAL Id : tel-01776992, version 1



Gérard Cahin. La coutume internationale et les organisations internationales : l'incidence de la dimension institutionnelle sur le processus coutumier. Droit. Université Nancy 2, 1998. Français. ⟨NNT : 1998NAN20013⟩. ⟨tel-01776992⟩



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