En principe, lorsqu’une controverse s’achève, la question disparaît. Ayant été résolue, elle ne fait plus l’objet de recherches. Comment se fait-Il alors que la jurisprudence continue de susciter une aussi abondante littérature ? La question de savoir si elle fait ou non partie des sources du droit paraît tranchée. Après un siècle de débat, les auteurs semblent s’accorder sur une réponse affirmative. Sur quoi portent donc les ouvrages contemporains ? Il y est question de la prise de conscience, par le juge, de son propre pouvoir normatif et du changement qui s’est produit dans ses méthodes de création. Celles-Ci ont changé ; elles sont devenues plus audacieuses. La question actuelle n’est donc plus de savoir si la jurisprudence possède ou non un pouvoir normatif, mais de savoir jusqu’où ce pouvoir s’étend. La Cour de cassation est-Elle totalement libre dans la création du droit ? Peut-Elle méconnaître la loi, créer des règles concurrentes, voire subversives ? Peut-Elle opérer des revirements de jurisprudence intempestifs, imprévisibles, rétroactifs ? Des voix s’élèvent pour s’y opposer. Le juge ne saurait être complètement libre ni à l’égard de la loi, ni à l’égard de sa propre jurisprudence. Au moment où la Cour de cassation paraît les franchir plus régulièrement, la littérature juridique actuelle fait apparaître les limites du pouvoir prétorien. / Usually, when a debate comes to an end, the question disappears. Now that it’s been resolved, there is no more reason to continue researche. So why is the jurisprudence still at the center of the interest ? The question to know if the judge can produce rules has been resolved. After a century of controversy, the authors seem to agree on an affirmative answer : the judge has a normative power and he can produce rules as the legislator. So then, what are the contemporary works about ? Many words have been spent about the way the judge is acting : his methods have been changing over time. They are becaming more audacious. The question now is to understand how far he can go. Can he break the law ? Create subversive rules ? Can the judge retroactively, inconveniently, and unpredictably overturns rules ? The others jurists may not approve of it. As the judge of Common law, the French judge may not be totally free towards the law, nor towards his own jurisprudence. The current works are trying to reveal all the limits of the praetorian power.

As demands on school-based administrators continue to increase, so do their responsibilities. Historically the roles and responsibilities of school principals have been clearly delineated in both the legislation governing in-school administrators and also in principals' job descriptions. Principals typically know the expectations of their leadership roles, however, the same cannot be said for all vice-principals (VPs). The pattern that emerges is one that shows the VP as being a jack-of-all-trades. Typically, Saskatchewan rural VPs do not have clearly delineated expectations formally or informally in either legislation or job description. Most often VPs positions are advertised as containing a teaching component and "other duties as assigned." The 2001 Saskatchewan Teachers' Federation (STF) recommendations for improving in-school administration positions have led to little change (p. 3). The conceptual framework focused on the relationship between geographical location (distance), gender and rural Saskatchewan VP perceptions of employee-made and employer-made workplace obligations. VPs are a critical yet often overlooked component of school effectiveness. This emphasized the need for advancing our understanding of VPs' employment relationship and connecting this to the "VP role restructured" blueprint found in the literature. The purpose of this study was to investigate, explore and describe the pattern of the psychological contract among Saskatchewan rural VP's and facilitate better utilization of their skills and leadership. Quantitative and qualitative methods were used in this study. The quantitative data was derived from Rousseau's (2000) Psychological Contract Inventory (PCI) survey questionnaire. This survey was used to determine the extent of employee-made and employer-made workplace obligations from the VP perception. The sample consisted of 42 VPs employed in rural Saskatchewan schools. The qualitative data were generated from participant responses to the open-ended questions attached to the end of the PCI. The responses to the survey and the open-ended questions were analyzed according to the research questions, emerging themes and recurring themes. After the data were analyzed, relationships were revealed between geographical location, gender, and rural VPs' perceptions of workplace obligations. The findings in this study revealed VPs were generally in agreement that relationships between distance, gender and perceptions of workplace obligations were slight at best. It was also revealed that VPs' perceptions of employee-made and employer-made workplace obligations were characterized as well-being items representative of loyalty and security features of a relational psychological contract. VPs indicated a willingness to commit to the organization regardless of distance or gender. Participants almost unanimously expressed their aspirations for the inclusion of professional growth, skill enhancement and increased leadership responsibilities in their assigned, expected and assumed role behaviors. Participant responses were generally consistent with the literature. Derived from participants' qualitative responses, VPs lead busy work lives. As revealed in the findings, VPs indicated they had aspirations for enhanced leadership opportunities. This study generated many implications for practice, policy and research.

As demands on school-based administrators continue to increase, so do their responsibilities. Historically the roles and responsibilities of school principals have been clearly delineated in both the legislation governing in-school administrators and also in principals' job descriptions. Principals typically know the expectations of their leadership roles, however, the same cannot be said for all vice-principals (VPs). The pattern that emerges is one that shows the VP as being a jack-of-all-trades. Typically, Saskatchewan rural VPs do not have clearly delineated expectations formally or informally in either legislation or job description. Most often VPs positions are advertised as containing a teaching component and "other duties as assigned." The 2001 Saskatchewan Teachers' Federation (STF) recommendations for improving in-school administration positions have led to little change (p. 3). The conceptual framework focused on the relationship between geographical location (distance), gender and rural Saskatchewan VP perceptions of employee-made and employer-made workplace obligations. VPs are a critical yet often overlooked component of school effectiveness. This emphasized the need for advancing our understanding of VPs' employment relationship and connecting this to the "VP role restructured" blueprint found in the literature. The purpose of this study was to investigate, explore and describe the pattern of the psychological contract among Saskatchewan rural VP's and facilitate better utilization of their skills and leadership. Quantitative and qualitative methods were used in this study. The quantitative data was derived from Rousseau's (2000) Psychological Contract Inventory (PCI) survey questionnaire. This survey was used to determine the extent of employee-made and employer-made workplace obligations from the VP perception. The sample consisted of 42 VPs employed in rural Saskatchewan schools. The qualitative data were generated from participant responses to the open-ended questions attached to the end of the PCI. The responses to the survey and the open-ended questions were analyzed according to the research questions, emerging themes and recurring themes. After the data were analyzed, relationships were revealed between geographical location, gender, and rural VPs' perceptions of workplace obligations. The findings in this study revealed VPs were generally in agreement that relationships between distance, gender and perceptions of workplace obligations were slight at best. It was also revealed that VPs' perceptions of employee-made and employer-made workplace obligations were characterized as well-being items representative of loyalty and security features of a relational psychological contract. VPs indicated a willingness to commit to the organization regardless of distance or gender. Participants almost unanimously expressed their aspirations for the inclusion of professional growth, skill enhancement and increased leadership responsibilities in their assigned, expected and assumed role behaviors. Participant responses were generally consistent with the literature. Derived from participants' qualitative responses, VPs lead busy work lives. As revealed in the findings, VPs indicated they had aspirations for enhanced leadership opportunities. This study generated many implications for practice, policy and research.

Univ., Diss.--Paris, 2004.

Texte remanié de: Thèse de doctorat--Droit privé--Le Mans, 2007. / En appendice, choix de documents. Bibliogr. p. 288-297. Index.

Reproduction de : Thèse de doctorat : Droit privé : Reims : 2008. / Titre provenant de l'écran-titre. Bibliogr. p. 403-434. Index.

Reproduction de : Thèse de doctorat : Droit privé : Reims : 2008. / Titre provenant de l'écran-titre. Bibliogr. p. 385-418. Index.

Reproduction de : Thèse de doctorat : Droit : Lyon 3 : 2003. / Titre provenant de l'écran-titre.

Texte remanié de : Thèse de doctorat : Droit : Paris 9 : 2001. / Titre provenant de l'écran d'accueil. Bibliogr. p. [349]-359. Notes bibliogr. Index.

The liability of companies for extra-territorial human rights violations does not solely arise from human rights statutes and traditional tort law approaches, but also from the corporate and securities law domains. Securities law requires that public companies disclose any high risk activity that the company is involved in, to the extent that it may affect the viability of the corporation, and this includes possible human rights violations. Management decisions in the field of Corporate Social Responsibility must concern the long-term viability of a company, and therefore accommodating, to the extent possible, the demands of stakeholders – be they traditional shareholders, responsible shareholders, or affected communities. This thesis will analyze the legal obligations triggering such corporate decisions, as well as the industry trends which inform them. The focus will be on Canadian public mining companies.