Les exceptions au droit d’auteur sont une série de situations où il est retranché aux droits exclusifs de l’auteur, alors même que leur définition devrait conduire ceux-ci à s’appliquer. Les exceptions révèlent la philosophie d’un système de droit d’auteur ou de copyright. Le droit d’auteur français prévoit un ensemble fermé d’exceptions spécifiques, énumérées de façon expresse et exhaustive par la loi. Elles sont d’interprétation stricte par le juge. La présente thèse s’intéresse à ce système français d’exceptions, à ses imperfections et s’attache à rechercher de potentiels axes d’amélioration. Alors que la copie privée concentre souvent l’attention des commentateurs, il semble utile de s’intéresser à l’autre versant des exceptions, les exceptions à usage public qui, parce qu’elles réalisent la communication de l’œuvre au public, portent une atteinte assez directe au monopole. Le législateur français est appelé, lorsqu’il entend créer une exception, à exercer une « balance des intérêts » assez peu étudiée par la doctrine française. La première partie de cette thèse est consacrée à cette balance des intérêts législative, et à l’écart entre ce qu’elle devrait être, idéalement, et ce que les derniers travaux législatifs laissent paraître de sa réalité. Le second temps de l’étude se concentre sur la mise en œuvre des exceptions. Leur application classique, d’abord, qui fait appel à la fonction d’interprétation des textes par le juge dans ce qu’elle a de plus traditionnel. Mais également, ensuite, une nouvelle forme de mise en œuvre, qui a fait irruption sous l’ère numérique : la régulation des exceptions. Ce phénomène englobe la garantie des exceptions contre les mesures techniques de protection, ainsi que l’application du « test des trois étapes » par le juge. / Exceptions to copyright (or author’s right) are a set of situations which cut off into the exclusive rights of the author, whereas their definition should lead these to apply. Exceptions reveal the philosophy of a system of author’s right or copyright. French “droit d’auteur” provides for a closed set of purpose-specific exceptions, expressly and exhaustively listed in the law. They are construed strictly by the judge. The present thesis studies this French system of exceptions, its imperfections and looks for potential areas of improvement. While private copying usually concentrates the observers’ attention and comments, it seems useful to insist upon the other side of exceptions, the exceptions for public use, which, since they carry out the communication of the work to the public, encroach quite directly the authors’ privilege. When he envisions to create an exception, the French legislator is expected to exercise a “balance of interests” rarely studied by French doctrine. The first part of this thesis is devoted to this legislative balance of interests, and to the gap existing between what it should ideally be, and what the latest legislative works let appear of its reality. The second part of the study focuses on the implementation of exceptions. Firstly, their classical application, which conveys the function of texts interpretation by the judge in its most traditional features. Secondly, a new form of implementation, which appeared with the digital world: the regulation of exceptions. This phenomenon encompasses the safeguard of exceptions against protection of technological measures, as well as the application of the “three-step-test” by the judge.

It is a well-known fact that international trade contracts bear inherently more risk than the trade contracts entered by the parties from the same country. This is due to the differences in business methods and practices used, trade cultures of the parties involved, laws and regulations in the respective jurisdictions. Under these circumstances, it is very important for the seller to have the assurance of that he receives the payment for the goods dispatched and for the buyer to receive the goods what has been ordered. One effective way of having such an assurance is to rely on a letter of credit as an international payment method. But for exporters in particular, this payment method has presented difficulties in meeting the compliance requirements necessary for the payment to be triggered. The UCP 600 published by the International Chamber of Commerce provide the rules that govern letters of credit transactions. At the introduction of the UCP 600, it was aimed to remove wording that could lead to inconsistent application and interpretation, as against the language and style used in the previous version, namely the UCP 500. Highlighting the experiences under UCP 500, the ultimate focus of the revision of the UCP was to minimise the level of litigations that had arisen under the rules provided in the UCP. In several surveys, it has been reported that, nearly 50% of the first presentation for payment under letters of credit are rejected by the banks. This situation implies the fact that the provisions which cover letters of credit transactions are not either clear enough or well understood by the parties involved. Similarly, the decisions made by Courts around the world on issues related to letters of credit have taken different approaches when applying and interpreting the rules. This can clearly be seen by a myriad of controversial judicial standards which have been applied to similar mistakes in documents presented to the bank for payment. This thesis is an investigation into those issues to find out the optimal standards that could be applied to solve the said problems. In doing so, this thesis will strive to ascertain what remedial measures could be taken to address the issues related to examination of documents, the rejection of payment and fraud exception. Key words: International Trade, International Trade Law, Law of Letters of Credit, Uniform Customs and Practice for Documentary Credit 600, Examination of Documents and communicating the decision.

The documentary letters of credit transaction is the most common method of payment for goods in international trade. Its use has been considered so important that it is referred to as the �lifeblood� of international commerce. The purpose of this thesis is, through analysing the present regime of documentary credit established under the The Uniform Customs and Practice for Documentary Credits, 1993 Revision (�UCP�), to identify the rights and duties of all parties in such transactions and the reasons for the frequent occurrence of fraudulent activities associated with the documents required under the credits. It identifies that the present system fails to either encourage or implement substantial realisation of �reasonable care� or �good faith� on the part of the banks, or realisation of the requirement of �good faith� from beneficiaries. As a result, the independence principle has been left without substance, with resulting huge opportunities for fraudsters to cheat on the documents and obtain payment without the need to actually perform their duties to banks and buyers. Such issues have become more acute against the background of an underlying shift in the allocation of risk between the respective parties to letters of credit. There has been a depreciation in the value of the primary document of title and security held by the issue, the bill of lading, with the advent of container shipping. As the letter of credit system is wholly dependent on the integrity of the documents, it is being undermined by these developments. This has represented a shift in the traditional scheme of risk allocation from the seller to the bank. In practice, banks have taken countermeasures by insisting that applicants provide other types of collateral, and by subjecting applicants to rigorous credit checks. Thus, applicants ultimately have had to bear the brunt of costs associated with this reallocation of risk. It will be demonstrated that the UCP does not incorporate adequate or clear enough duties to be exercised on the part of issuers toward applicants, and severely restricts the applicant�s right to sue if the issuer has wrongfully honoured. Ultimately, a balance must be struck between the desirability of protecting the applicant from the beneficiary�s fraud against the benefits gained by maintaining the letter of credit as a commercial instrument and business device. Obviously, there is public interest in protecting both of these commercial values. This thesis advocates that a mechanism in addition to the fraud exception must be introduced to safeguard the system against the ramifications of these changes � increased fraud. The thesis is structured into five chapters. Chapter 1 sets out to demonstrate the circumstances under which the respective risks are borne by each participant in the letter of credit transaction, and how developments in trade practice have caused the burden of certain of these risks among the parties to a letter of credit transaction to shift. Chapter 2, after briefly visiting the historical origins of the letter of credit and the birth of the UCP, explores the implications of the dominance of banking interests over the drafting and interpretation of the UCP, how the UCP has in practice excluded the intrusion of other sources of law and the general reluctance of courts to intervene by applying non-letter of credit principles, the implication of the UCP�s assumption of the law in practice, the resulting marginalisation of local laws, and the inequality in bargaining power between banks and applicants that precludes a choice of law other than the UCP. Chapter 3 explores the independence principle and question of documentary compliance, why the system is ridden with non-compliant documents and the lack of incentive and meaningful duty for the banks to check for �red flags� that may indicate fraud on the documents or in the transaction. It will be emphasised that documentary validity, rather than mere documentary compliance, should be the focus under the letter of credit. Chapter 4 examines the fraud exception to the independence principle, the typical high thresholds of proof that applicants had to overcome to estopp payment, and explores recent trends towards the gradual lowering of such thresholds. Finally, Chapter 5 considers practical measures and proposals for reform that would help to redress the imbalance in the allocation of risk identified in the thesis.

Asynchronous exception handling is a useful and sometimes necessary alternative form of communication among threads. This thesis examines and classifies general concepts related to asynchrony, asynchronous propagation control, and how asynchronous exception handling affects control flow. The work covers four advanced topics affecting asynchronous exception-handling in a multi-threaded environment. The first topic is concerned with the non-determinism that asynchronous exceptions introduce into a program's control-flow because exceptions can be propagated at virtually any point during execution. The concept of asynchronous propagation control, which restricts the set of exceptions that can be propagated, is examined in depth. Combining it with a restriction of asynchrony that permits propagation of asynchronous exceptions only at certain well-defined (poll) points can re-establish sufficient determinism to verify a program's correctness, but introduces overhead, as well as a delay between the delivery of an asynchronous exception and its propagation. It also disturbs a programmer's intuition about asynchronous propagation in the program, and requires the use of programming idioms to avoid errors. The second topic demonstrates how a combined model of full and restricted asynchrony can be safely employed, and thus, allow for a more intuitive use of asynchronous propagation control, as well as potentially improve performance. The third topic focuses on the delay of propagation that is introduced when a thread is blocked, i.e., on concurrency constructs that provide mutual exclusion or synchronization. An approach is presented to transparently unblock threads so propagation of asynchronous termination and resumption exceptions can begin immediately. The approach does not require additional syntax, simplifies certain programming situations, and can improve performance. The fourth topic explores usability issues affecting the understanding of (asynchronous) exception handling as a language feature. To overcome these issues, tools and language features are presented that help in understanding exception handling code by providing additional run-time information, as well as assist in testing. For all topics, the necessary extensions to the syntax/semantics of the language are discussed; where applicable, a prototypical implementation is presented, with examples that demonstrate the benefits of the new approaches.

With the rapid development of IT and broadband network, voice, data and video services are gradually integrated. IPTV is one of the popular products, which can deliver and provide consumers a variety of digitized content over the internet. Despite of the advantages mentioned above, IPTV in Taiwan is still not a threat to traditional TV. Therefore, many interesting issues were coming up. One of the interesting issues is looking into the factors of influencing continuance intention. This study explores the factors through the literature reviewing and the data collected from practitioners and participants. Moreover, we try to explain and verify the factors affecting the continuance intention by proposing a new model derived from Value-based Adoption Model (VAM) and Exception-Confirmation Model (ECM). In this research, an empirical survey methodology with 7 hypotheses was applied to verify this model. Partial Least Squares (PLS) was used to analyze the data and evaluate the model. The results not only identify the effective factors of perceived benefit and perceived sacrifice to IPTV services, but also showed that perceived value was influenced by the trade-off between perceived benefit and sacrifice, as well as by the consumers¡¦ confirmation level. The value that consumers perceive from IPTV services will have a significant effect on satisfaction and the continuance intention. In sum, the study explores the factors of perceived benefit and perceived sacrifice, and proposes a more comprehensive framework to explain the ¡§continuing using behavior¡¨. This study also provides a reference model for the value-based or IPTV research and some suggestions for the IPTV practitioners.

Because of the advance of Internet and the outsourcing, multi-company cooperation is imperative under this circumstance. In order to monitor states between partners during execution, this thesis develops exception handling mechanisms based on Web service stack. After detecting exceptions, the first step is to make use of the fault handler and compensation handler provided by the BPEL4WS specification to roll back planned or even executed business processes belonging to the same scope to the original state. The second step is to utilize the resources searching mechanism, including BE4WS and BCME, to find suitable substitutes to make a replacement or find fitting partners to cooperate with the original one. The third step is to take advantage of the extensibility, flexibility and scalability of BPEL4WS business process to adjust and re-form a new one to handle this unexpected situation. This study uses the LCD supply chain as an example to evaluate the proposed exception handling mechanisms. The result shows that the proposed methods obtain encouraging performance. The major contribution of this research is the initiation efforts on developing exception handling mechanisms based on Web service technologies to improve the exception handling performance.

This study aims to investigate how the U.S. military presence has become possible and why the U.S. military bases have concentrated in Okinawa. Since 1945, the U.S. military and the Japanese government have maintained U.S. military bases in Okinawa. U.S. military accidents and soldiers’ crimes have been serious problems in Okinawa. Moreover, Okinawans have not been protected from military violence by adequate judicial measures for over a half century. I employ the analytical insights of Michel Foucault and Giorgio Agamben to analyze archival and secondary documents and investigate historical and current U.S. military problems in Okinawa. Foucault’s insight allows me to analyze American rationalizing discourses and power relations that have contributed to the U.S. military presence and concentration on the Okinawa islands. The analytical insight of Giorgio Agamben is a useful reference to investigate juridical contradictions of U.S. military presence in Okinawa. I argue that the U.S. military and the Japanese government have attempted to make the American military presence in Okinawa legitimate through multiple tactics of governance. Given Okinawans’ persistent resistance against the U.S. military and the Japanese government, the U.S. military base presence does not seem wholly accepted in Okinawa. Nevertheless, the military burden has been imposed on Okinawans who are represented and treated by the U.S. military and the Japanese government as the insignificant “Other.” I argue that the analytical approaches that I develop in this study can be applicable to grasp patterns of modern domination in other cases of governance wherein political elites realize their interests by suspending the juridical rights of minority groups.

In the 1980s, in support of the Sanctuary Movement for Central American refugees, cities across the United States began to withdraw information and resources from the boundary making processes of the federal state. Inspired in part by a 1971 initiative in Berkeley, California to provide sanctuary to soldiers refusing to fight in Vietnam, “Cities of Refuge” issued statements of non-cooperation with the Immigration and Naturalization Service (INS). They passed policies that prevented police and service providers from asking the immigration status of the people they came into contact with in the course of their daily duties, and limited information sharing with the federal authorities. Drawing on archival research and interviews, this dissertation maps the shifting meaning of Sanctuary as a constellation of practices and logics which has troubled the boundaries of national citizenship. Struggles to establish Cities of Refuge reveal the complex interplay between two different political trajectories in the United States: one deeply implicated with the state’s authority over migration controls and what Agamben has understood as the sovereign exception, and the other with city sanctuary, as a form of urban citizenship. The genealogy of city sanctuary reveals the multiple and sometimes contradictory threads or genealogies that have been woven into American citizenship over time, raising questions about the ostensibly hardened relationship between sovereignty, membership, and the nation state. Exploring the interactions between the daily practices of state institutions and Sanctuary reveals the performative aspects of exception: it is produced and maintained only through the constant repetition of discourses and practices that maintain the boundaries of citizenship and reproduce the state’s authority to control the movement of people across its border. Bringing the study of sovereignty into the city, and exploring alternative assertions of sovereignty reveals the exception not as an underlying logic, but a geographically specific, ongoing struggle.

This thesis investigates the relation between exception and governmentality in the critique of sovereignty. It considers exception and governmentality as an expression of the problem of sovereignty and argues that this problem is expressed both within the accounts of sovereignty that exception and governmentality articulate, as well as between them. Taking Michel Foucault and Carl Schmitt as the paradigmatic theorists of governmentality and exception, respectively, I engage in close readings of the texts in which these concepts are most thoroughly elaborated: Security, Territory, Population and Political Theology. These readings demonstrate that, despite their apparent differences, exception and governmentality cannot be differentiated from one another. The instability evident in Schmitt and Foucault’s concepts show that the relation between them is best characterized as aporetic. / Graduate / 0615 / 0616 / reganburles@gmail.com

This thesis investigates the relation between exception and governmentality in the critique of sovereignty. It considers exception and governmentality as an expression of the problem of sovereignty and argues that this problem is expressed both within the accounts of sovereignty that exception and governmentality articulate, as well as between them. Taking Michel Foucault and Carl Schmitt as the paradigmatic theorists of governmentality and exception, respectively, I engage in close readings of the texts in which these concepts are most thoroughly elaborated: Security, Territory, Population and Political Theology. These readings demonstrate that, despite their apparent differences, exception and governmentality cannot be differentiated from one another. The instability evident in Schmitt and Foucault’s concepts show that the relation between them is best characterized as aporetic. / Graduate / 0615 / 0616 / reganburles@gmail.com