L'internationalisation du droit des contrats publics en France et au Canada

Authors: Micalef, Romain
Advisor: Lemieux, Pierre; Lichère, François
Abstract: The internationalization of law is not indifferent to public contracts. Both could even be coming into contact in a privileged way. This study aims to reveal the legal nature of the relationship between this phenomenon and this discipline, by taking two states as an anchor : France and Canada. It is necessary to focus, first and foremost, on the degree of influence of international standards on domestic laws, as well as the influence of domestic laws on international standards. In support of such an approach, it is interesting to make use of different materials such as - among others - the international agreements, the decisions of justice, the arbitral awards, the international directives and the clauses of the contract. The interest and complexity of such a topic lie mostly in the chosen method, using here a comparative approach of law in favor of a legal phenomenon of an international nature. This phenomenon is studied through the concept of public contract, but also by its creation, in particular its content, then by its financial character and finally by its remedies aspects. If the idiosyncrasy of each of the two legal systems is preserved, it will become necessary to analyze the dynamics of a possible merging, or even a harmonization of the law of public contracts under the effect of the phenomenon of the internationalization of law. The choice of France and Canada will make it possible, materializing such a phenomenon on a national scale. The differences between these two systems are a priori numerous enough that a possible merging challenges us and deserves a thorough study.
Document Type: Thèse de doctorat
Issue Date: 2019
Open Access Date: 5 March 2019
Permalink: http://hdl.handle.net/20.500.11794/33906
Grantor: Université Laval
Collection:Thèses et mémoires

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