La notion d'État en droit international et en droit européen : de l'impossible approche conceptuelle à la nécessaire approche fonctionnelle

Authors: Diop, Abdou Khadre
Advisor: Delas, Olivier
Abstract: Extending from the intuition that the concept of State in international and European law revealed various components, it is demonstrated that such intuition reflects the reality. Indeed, from one branch of another, we realize that the different legal orders we study, reflect a multiform face of State, a variable geometry. In exploring rules for imputation, rules for express the consent of State and rules allowing to link an entity to State, we have to admit that the concept of State can be defined through organic, material or factual criterion. Beyond this variability, it is appropriate to search the functional unit of the concept of State. We come therefore to the conclusion that the function of the concept of State is to serve the international and European legal orders requirement. The concept of State is used to serve a fixed objective, what explain his variable geometry. Thereby, our thesis is striving to demonstrate unity in diversity. It includes a theoretical proposal which is “the functional State” as watermark. “Functional State” is from our perspective an entity which is not State by statute but is State by functions. We target certain federal entities (such Belgium one’s or Quebec in Canada) and certain secessionist entities (as Turkish Republic of Northern Cyprus) or terrorist group (as Islamic State). This theoretical proposal does not extend to recognize such entities as States, but just to consider them as States on an ad hoc basis in the purpose to apply effectively and fully the international or the European norm. Keywords: concept of State, functional concept, functional State, International law, European law, sovereignty, human rights, integration.
Document Type: Thèse de doctorat
Issue Date: 2017
Open Access Date: 24 April 2018
Grantor: Université Laval
Collection:Thèses et mémoires

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