Mainz, University, Diss., 2001.

Thèse--Droit--Paris I, 1977. / Bibliogr. p. V-VIII. Index.

Thèse--Lettres--Paris I. / Bibliogr. p. 611-639. Index.

Texte remanié de: Th. doct.--Droit, 1994. / Bibliogr. p. 388-411. Index.

Texte remanié de: Th. univ.--Hist.--Rennes 2, 1989. Titre de soutenance : Fermiers et métayers d'Aunis, 1750-1789. / Bibliogr. p. 343-352. Index.

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La piraterie maritime est communément perçue comme le crime international originel en ce qu’elle a de manière consensuelle ouverte la possibilité aux états de procéder à sa répression sans aucune distinction au nom de la préservation des intérêts communs de la communauté internationale. Cette compétence universelle a largement contribué à l’élargissement du champ d’application du droit international, en particulier pénal, alors même que ce droit apparait aujourd’hui paradoxalement inadapté pour répondre aux exigences de lutte contre la piraterie moderne. Le contexte ainsi que les caractéristiques singulières des actes de piraterie actuels constituent un enjeu tant dans l’application des dispositions du droit international mais également de manière plus général à la coopération internationale indispensable pour lutter contre les crimes transfrontaliers. Ce projet se propose de mener une réflexion sur, d’une part, les raisons de l’inadaptabilité des dispositions du droit international et, d’autre part, la nécessité d’élaborer un nouveau cadre juridique de lege feranda répondant aux nouvelles réalités de la piraterie maritime. / Maritime piracy is commonly considered as the original international crime. In the name of the common interest, states acknowledged the need to repress the crime of piracy regardless of nationalities or places of occurrence.. This piracy-inspired universal jurisdiction has contributed to broaden the scope of international law. Paradoxically, the latter appears inadequate to meet the necessary requirements to fight against modern piracy. The singular characteristics and the context of modern piracy are both a challenge, not only for the application of international law but also more broadly for the international cooperation essential to fight cross-border crimes. This project studies the reasons for the inadaptability of international law provisions and also the need to develop a new legal framework lege ferenda that will meet the new realities of maritime piracy. This new legal framework should take into account the needs to harmonize legislations in order to establish cooperation at the national, bilateral, regional and international level.

In Canada, as in most other industrial countries, concern is expressed over the existence of regional unemployment imbalances. If these imbalances were quickly alleviated, by action of labor and capital markets, there would be no regional problem. Unfortunately, this is not the case. Not only do regional unemployment differentials exist, but, more importantly, they tend to exist in spite of migration. This phenomenon suggests that, in the depressed region, there is some exogenous change, declining export demand, taking place concurrently with net out-migration. In addition, net out-migration itself reduces employment levels to some extent in the loser region. Changes in the demand for labor in a region are related to: changes in the export demand for its commodities which form the employment base; and changes in population size resulting from regional mobility. This relationship is essentially founded in a type of multiplier relation between the employment base of a region and its total employment. In this paper a model is developed from which the above theoretical relationship can be empirically investigated. Debate on policy measures for reducing regional unemployment, industrial location and mobility policies, have proceeded largely without knowledge of relative magnitudes. For a more objective approach we need estimates of regional multipliers. With this information we would be better equipped to judge the employment effects of out-migration and changes in export demand on depressed regions. The estimation technique used in this paper is cross-sectional multiple regression analysis. The counties of the Maritime Region serve as the population sample for the analysis. Data comes mainly from the Censuses of 1951 and 1961; both provide considerable information for such series as employment by industry and changes in population due to migration. It is concluded from the analysis carried out in this paper that emigration does indeed contain a de-stabilizing element for the loser region, in the form of income depression. We cannot expect out-migration of the unemployed to reduce unemployment on a one for one basis. Also, the regional employment multiplier may be larger in the case of declines in the employment base than for increases in it. The results suggest that mobility policy and industrial location policy may not reduce regional unemployment as quickly as we might suppose, a priori. / Arts, Faculty of / Vancouver School of Economics / Graduate

This dissertation examines the scope and limitations of port state jurisdiction with respect to the enforcement of international conservation and management measures established under international and national instruments. The current fisheries regulatory regimes rely primarily on flag states to enforce these measures against foreign vessels. The aim of this dissertation is to recommend an expansion of port state enforcement jurisdiction over foreign vessels when fishing in the high seas. The expansion of port state jurisdiction supplements the role of flag states in enforcing the provisions of international conventions and agreements applicable in the high seas and also fills in where flag of convenience fishing vessels have failed to do so. To support this view, the dissertation will compare the issue of illegal unreported unregulated fishing with the issue of marine pollution. The significance of this comparison is to show how provisions in regard to marine pollution, have legitimized the expansion of port state jurisdiction to the extent that port states have enforcement jurisdiction over foreign flagged vessels which violate the provisions of LOSC relating to marine pollution in the high seas.

The ironic mode is currently a popular style of writing, as seen in the works being produced in the Maritimes. Three current Maritime writers who use this mode are Donna Smyth, David Adams Richards and Deborah Joy Corey. Though the works of these writers appear to be different from earlier pieces of Maritime writing, I suggest that this is not necessarily the case. These three writers are all concerned with the loss of tradition and community strength. I will show this through their treatment of the young women in their works, through their relationships with their partners, their elders, and the community at large. I also suggest that these works do, in fact, have strong ties with earlier writings. The women in these novels are ironic versions of Anne Shirley, L.M. Montgomery's beloved heroine. The romance of Anne may have turned into irony, but the young girl who tries to find a place for herself and her creativity in a rural Maritime region is still present. By comparing the similar events in the works of the late Twentieth Century and the Anne novels, I will show that, though Maritime writing is diverse, there is an interconnectedness in the writings produced from this region, regardless of the age. This allows for a universality in these various works that needs to be recognized as a significant contribution to Canadian--and world--literature. / Thesis / Master of Arts (MA)