Search results for "effectivité"
showing 3 items of 3 documents
Arbitrage international. Clause compromissoire - champs d'application, Chaîne non translative de contrats - Principe de l'effectivité de la clause co…
1996
International audience; (Paris, 22 mars 1995, Sté Aquaboulevard et autres c/ Sté Statinor et autres, inédit)
La questione del confine italo-francese sul Monte Bianco
2020
Even though the common interest of France and Italy in relation to their Alpine border should be enhancing co-operation on cross-border issues (such as improving climate change adaptation as well as preventing and managing risks) a dispute on the delimitation of the border in the area around Monte Bianco has arisen in last years. As any other international dispute on territorial borders, it presents three different plans of analysis: the interpretation of boundary treaties and their official maps; the legal weight of “other” maps; the relationship between the boundary treaty and subsequent practice of the Parties (above all the relevance of effectivités). This article shortly discusses thes…
Évolution historique des critères de reconnaissance du statut d’État à des entités contestées
2018
The historical evolution of the criteria for recognition is only a reflection of the historical evolution of the functions that the act of recognition has fulfilled, and is fulfilling today in international law. Among the various possibilities, this contribution identifies at least 5 functions historically fulfilled by the act of recognition: co-optation, recognition, promotion, sanction, validation. Thus, the idea developed is that by virtue of the function fulfilled, the role played by different types of criteria of legitimacy, legality, effectiveness is destined to change.