La notion de consolidation de la paix après les conflits à travers la pratique de l'organisation des Nations-Unies : essai d'une systématisation et d'une juridicisation du phénomène post-conflictuel

Abstract : The concept of post-conflict Peacebuilding -introduced formally for the first time by the former Secretary General of the UN Boutros Boutros-Ghali in his "Agenda for Peace" - released a functional autonomy manifested materially in the UN practice through its action on two principals axes: First, post-conflict situations to erase with the aftermath of the conflict, then the root causes of conflicts to destroy germs. Adopting this analysis, the consolidation of peace through its functional autonomy has developed the UN action to prevent recurrence of conflict. Noting that the consolidation of peace will not become operational until the end of a conflict, it can confirm that it is a legal concept alien to the Charter, and therefore does not legal autonomy in this incomplete text in post-conflict. This is because the substantive and procedural rules of this text are directed primarily to the cessation of conflict with by principle of prohibition of use of force. So saying, the post-conflict dimension of the Charter is non-existent. This raises the question of which legal value could have the concept of Peacebuilding in the law of the Charter? The UN practice had shown that the United Nations Law with the aim of finding a place for this concept in it will make a dynamic reading of the Charter by focusing his mind from his letter, so that everything that goes beyond the reference standard is considered an element of continuity and not rupture. From this dynamic interpretation, the law of the Charter will build peace on a legal basis atypical obeys no specific legal taxonomy. We are thus faced with a legal basis for disparate can marry at once three chapters of the Charter: VI, VII and VII. Concerning legal regime of Peacebuilding, United Nations practice showed that it could be a United Nations law derived from the ad hoc nature and sui generis produced in the post-conflict period, whose the object and purpose are intended to prevent recurrence of conflict. Accordingly, the consolidation had concretely shown that the post-conflict phenomenon was confirmed and harden in the law and practice United Nations practice, which tempted his systematization and juridification.
Document type :
Theses
File URL :
http://docnum.univ-lorraine.fr/prive/NANCY2/doc465/2010NAN20006.pdf?
Complete list of metadatas

https://hal.univ-lorraine.fr/tel-01777299
Contributor : Administrateur Du Ccsd <>
Submitted on : Tuesday, April 24, 2018 - 4:17:01 PM
Last modification on : Wednesday, April 25, 2018 - 1:32:27 AM

Identifiers

  • HAL Id : tel-01777299, version 1

Collections

Citation

Omar Qaissi. La notion de consolidation de la paix après les conflits à travers la pratique de l'organisation des Nations-Unies : essai d'une systématisation et d'une juridicisation du phénomène post-conflictuel. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20006⟩. ⟨tel-01777299⟩

Share

Metrics

Record views

14