Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Entre la fin du régime français et l’adoption de l’Acte constitutionnel par le Parlement de Londres en 1791, le rapport que la noblesse canadienne entretient avec le système judiciaire civil de la colonie change de façon majeure. Les Canadiens doivent s’adapter au nouveau système mis en place par l’administration britannique de la colonie. En Nouvelle-France, les nobles présentaient leurs différends juridiques civils devant le Tribunal royal, régi par la Coutume de Paris ; à partir de la Cession (1763), ce sont officiellement les lois britanniques qui s’appliquent jusqu’au retour des lois civiles françaises en 1774. Après quelques adaptations, la Cour des Plaidoyers communs devient la cour de prédilection des Canadiens, et par conséquent, de l’ancienne élite militaire. Le système judiciaire constitue un élément important de l’étude de l’évolution de la colonie, car l’attitude de la caste élitaire face aux tribunaux est un indicateur de sa capacité d’adaptation et de son degré d’implication dans la vie sociale. / From the end of New-France to the adoption of the Constitutional Act of 1791, the relationship between the nobility and the colonial civil court underwent drastic changes. The ‘Canadiens’ needed to conform to the British system. In New-France, aristocrats sued each other before the ‘tribunal royal’, using the Custom of Paris; but as of 1763, it was the British laws which prevailed. After some modifications, the Common Pleas Court became the French nobility’s (and therefore the military elite’s) favourite courthouse. The judicial system is an important part of research on colonial evolution because the population’s behaviour (and in our case that of the elite) before its courts shows its ability to adapt and its degree of involvement in the social life of the time.

The subject of this thesis is the usage of economic instruments (EIs) in multilateral environmental agreements (MEAs) and their relation to international economic law. The thesis aims at analysing and evaluating the possibilities of using economic instruments, their potential to ensure the compliance with the treaties' provisions and assessing, under which conditions it is possible to use them in compliance with the international economic law. As a lot of economic instruments operate with restrictions to international trade in several manners, they can get in conflict with the law embodying this area, namely the law of the World Trade Organization. The thesis therefore analyses the main principles and provisions of General Agreement on Tariffs and Trade that can affect the usage of EIs in MEAs. Most attention is paid to the interpretation of exemptions from the Agreement that can legalize such restrictions. Trade-Related Environmental Measures shouldn't be discriminatory. They shouldn't present arbitrary or unjustifiable restriction to trade against the principles and provisions of the WTO agreements. Such restrictions can only be made based on international agreement. The case of trade restriction based on MEA wasn't yet considered by Dispute Settlement Body and the answer hence depends on the...

Resumé The thesis titled "Topical Issues of the Regulation of International Air Carriage" concerns itself with legal regulation germane to operating the international carriage by air. It is focused on carriage of cargo; carriage of passengers is only marginally mentioned. In the first chapter the author of the thesis defines the term of transport, transport law and compares the advantages and disadvantages of the means of transport in connection with the carriage of cargo. The second chapter of the thesis deals with the term of aviation law, historical development of the air transport and introduces the most important international organizations in the field of the civil air transport. The third chapter is dedicated to the historical development of the legal regulation in the field of the civil air transport, mainly the international legal regulation carried out by the Montreal Convention and the Warsaw Convention (with its amendments). This chapter also deals with the legal regulation of the European Union and analyses some selected EU regulations and describes national laws (mainly Civil Aviation Act). In this chapter there is also included the analysis of sources of the legal regulation and their mutual relations. It also explains the basics of the methods of regulation in the international private law -...

The purpose of the thesis is to analyse the scope of application of the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal on 28th May 1999 (Montreal Convention). The thesis comprises four chapters, each which deals with different aspects of the scope of application of the Montreal Convention. The thesis is approached by the analytical method using classical four methods of interpretation and is based mainly on foreign sources: English, American, Canadian and German in particular. It includes up-to-date relevant court decisions, primarily from American courts and the Court of Justice of the European Union. Czech sources are used especially when dealing with theoretical and general questions. No Czech court decision is included as by the time of handing in this thesis there was no accessible decision of any higher court of the Czech Republic. Chapter one deals primarily with Article one of the Montreal Convention which contains some important terms having effect on the scope of application of the Convention as well as containing the term international carriage. Further in this chapter is discussed the subject-matter scope of application of the Convention and instruments expanding the scope of application of the Montreal Convention (successive...

Land is our planet’s scarcest resource. With all the combined advances in our civilizations and their respective technologies, we have yet as a society to fully understand our precarious situation within our diminishing livable planetary surface. We also live today within a world in constant stages of change. With rapid population growth on a global scale, and its resulting increases in urban density, our available usable living space is greatly becoming smaller and our lives more crowded and condensed. Following upon our urban centers, this thesis aims at exploring the effects of these global phenomena of overcrowding and overpopulation especially within the time remaining before we, as part of a developed society, witness the ground below our feet gradually disappear. Montreal City is one developed world urban center ready to receive this next evolutionary step in urban growth and it is historically no stranger to architectural experimentation. Expanding the city’s infrastructures through the third dimension will allow greater freedom in the urban sculpture of this future face of our growing urban worlds. This will be the insertion of a new population-absorbing building and urban typology. This will be the return of the megastructure and the revival of an old visionary architectural language that will advance the exploration of the impact of growth and urban concentration.

Land is our planet’s scarcest resource. With all the combined advances in our civilizations and their respective technologies, we have yet as a society to fully understand our precarious situation within our diminishing livable planetary surface. We also live today within a world in constant stages of change. With rapid population growth on a global scale, and its resulting increases in urban density, our available usable living space is greatly becoming smaller and our lives more crowded and condensed. Following upon our urban centers, this thesis aims at exploring the effects of these global phenomena of overcrowding and overpopulation especially within the time remaining before we, as part of a developed society, witness the ground below our feet gradually disappear. Montreal City is one developed world urban center ready to receive this next evolutionary step in urban growth and it is historically no stranger to architectural experimentation. Expanding the city’s infrastructures through the third dimension will allow greater freedom in the urban sculpture of this future face of our growing urban worlds. This will be the insertion of a new population-absorbing building and urban typology. This will be the return of the megastructure and the revival of an old visionary architectural language that will advance the exploration of the impact of growth and urban concentration.

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Joseph Gould was an important figure in the musical life of late nineteenth-century Montreal. His activities as a church musician, piano and organ dealer, and journalist made a considerable impact on artistic life in the city. But it was as the founder and conductor of the Montreal Mendelssohn Choir that Gould's influence was most keenly felt. Founded in 1864, the Mendelssohn Choir enjoyed a thirty-year lifespan and became famous for its high standard of performance. The library of the Choir, housed at the Marvin Duchow Music Library of McGill University, is an important collection, not only because of the presence of a number of interesting pieces of Canadiana within it, but as a basis for further study of nineteenth-century choral music. Included in this thesis is a catalogue of this collection as well as a list of Gould's known compositions.