NCube/papyrus huggingface dataset:
Conséquences d'une redéfinition du concept de vie privée sur l'environnement informationnel propre aux étudiants fréquentant une institution d'enseignement supérieur

The recent development of information technologies helped redefine the the concept ofprivacy. We study the impacts of this redefinition on a university sturent's information environment, and we try to find a way to restore the balance between the protection of privacy and the flow of information in order to enable students to evolve in a richer leaming environment.

Keyphrases: Information, Privacy, University, Informational environment, Students, Information technologies
L'approche critique du néolibéralisme dans la perspective de mise en oeuvre des règles GATT/OMC pour sortir les PVD de leur dépendance économique

The creation of GATT in 1947 by western countries has set a new international order trade that would facilitate trade exchanges and moves forward economic development around the world. For that reasbn GATT regulations aimed above aIl at the application of a trade policy that consists of getting rid of the hindrances to the exchanges, and proscribe discriminatory trade exchanges between countries and imported and exported local merchandizes. Indeed article 1 in GATT regulations in 1947 (became WTO in 1995) poses the cardinal mIe of treatment of the nation which is more privileged, that is an equal treatment for aIl countries that are members of GATT. But the arrivaI of the new independent countries III 1960 has changed the juridical nature of GATT because economically the gap was too huge between the countries. So it is important to take into account the economic reality of the poor countries to set a strategic policy that will help them out. With that policy they will be able to catch up with the new era of development and trade exchanges around the world will be fair. The adoption in 1964 of the Part 4 of GATT regulations entitled trade and development favours the non-reciprocity trade to developing countriesand makes official at the same occasion a duality of norms because the two categories of members put into the application the mIes ofGATT differently. This research aims at studying this asymmetrical politic that would compensate the inequality of the development of poor countries, and would also provide them an economic development by the means of trade exchanges. ln spite of the preferential treatments given to the developing countries, theyare not yet making any progress because their trade balance is deficient, and their productivity is worthless. In doing a broader research on the situation of developing countries, we will focus particularly on the situations of Niger and Benin. This research would serve first to analyse the effects of the economic liberalism on the poor countries; secondly create the interest to study the economic development of the countries out of the asymmetrical politic that do not bring any attempted results.

Keyphrases: Importations, Exportations, Gatt, Marché international, Duality of norms, Economic development, Dependency theory, Developed countries, Developing countries, Trade exchanges, Trade reciprocity, Non reciprocity trade, Basic products, Manufactured products, WTO, Preferential treatment, International market, Asymmetric political
Encadrement normatif du dépistage par analyse de sérum maternel, une technique de dépistage prénatal

Prenatal diagnosis and screening methods were created in an attempt to decrease, and even to eliminate, the worries of parents, especially those of the mother, during the waiting period of pregnancy. However, science evolves rapidly. New technologies in the prenatal field accumulate without giving us the time to set their boundaries. It therefore seems primordial to consider the issues surrounding the legal framework of prenatal diagnosis and screening methods in order to understand the dilemmas which face the different actors in this field. Our research foc uses on maternaI serum screening, one of the prenatal screening techniques. Indeed, this screening method is not very reliable. Actually, many ethical questions stem from this practice. In our research project, we analyze the ethical issues that emerge from the use of this screening method, since ethical nonns may exert a certain influence on medical practice. Furthennore, according to our findings, we have been able to recognize that maternaI serum screening varies from one country to another, and even from one region to another within the same country. This disparity is not only observed in practice, but it is also seen at the level of legal and professional nonns providing the current framework for this method. In addition, with regards to the application of existing nonnative 1Ools, according to the country considered, the courts of justice do not treat in the same fashion wrongful birth c1aims and wrongfullife c1aims, both unfortunate events directly related to prenatal diagnosis and screening. Therefore, it is interesting to compare maternaI serum screening on the level of what occurs in actual practice versus what is provided by the legal, professional, jurisprudential and ethical nonns in the field. The goal of our research is to propose a few recommendations on the attitude that should be adopted in Quebec concerning maternaI serum screening, and even prenatal diagnosis in general.

Keyphrases: Law, Bioethics, Prenatal, Diagnosis, Screening
La corporation sert-elle bien ses stakeholders?

The corporation is a multifaceted institution. It is first of all a legal tool available to the enterprise but also the junction of the interests of numerous persons. We call stakeholders the people who have interests in the corporation. Many factors play a role in the relation between the corporation and the stakeholders; the corporate governance, the attributes of the corporation as weil as the corporate law applicable will affect the relation between the corporation and the stakeholders. The conventional model of corporation is often criticized although it is arguably the most efficient model from an economic standpoint. To understand the critics and the raison d'ètre of this model, we need ta analyze it under economic terms from the different points of view of the stakeholders. Analyzing one by one the relations between the corporation and each type of stakeholders, we are able to identify the problems related to externalities and possible solutions. Furthermore, this analysis will allow us to foresce the potential effects of a new legislation and understand better the corporation in its economic context. As a result of this analysis, it seems to be that the situation of each stakeholder depends on many variables on which legislation has little impact. The ultimate control of corporations is tinally settled by an automatic process of adjustment where everyone satisfies its own interests.

Keyphrases: Stakeholder, Corporation, Economic analysis of law, Joint stock company, Business, Efficiency, Corporate control, Corporate social responsibility, Externalities, Corporate governance
Notion d'internationalité et fraude à la loi en matière de contrat

One author said : «L'association d'idée avec la girafe se présente immédiatement l'esprit, en donner une définition est difficile mais chacun reconnaît l'animal». This is the case for the notion of international contract, whose definition is often presumed to be self-evident, but in reality constructing a precise definition is a very complicated task. The international nature of a contract has been the subject of many studies and much research has been dedicated to this topic, aIl with the goal of formulating a clear definition. Legal doctrine and jurisprudence have succeeded in qualifying international contract as legal or economic without actually defining it in any constant, clear or precise manner. The aim of this study is to make an attempt at establishing a link between possible evasion of the law and the problem of defining international contract; this will b e a chieved v ia a comparative s tudy of c ivill aw (France, Quebec, Tunisia), common law (United Kingdom, Canada, United States) law in countries where the economy is state-run and international treaty law.

Keyphrases: Private International Law, International Contract, Evasion of law
Multimodal carrier liability in the U.S. and Canada : towards uniformity of applicable rules?

From its inception, intermodal transport of goods has served trade, shippers and carriers, radically increasing transactions of goods worldwide. Multimodal carrier liability rules, however, have not evolved with the same rhythm and remain fragmented cross-modally and cross-country. This is also the case of the U.S. and Canada. The need to seek uniformity of applicable rules in these two countries led us to the comparative analysis of unimodal (landocean) rules in these two countries. Guided by past failed initiatives (1980 United Nations Convention on International Multimodal Transport), the European intermodal reality, transport deregulation, pragmatism, fairness in the relation between the carrier and the shipper and Law & Economics principles, we used harmonization, codification and contractualism in advancing our suggestions on uniform multimodal carrier liability rules.

Keyphrases: Intermodal, Codification, Europe, Goods, Pragmatism, Fairness, Law & Economics, Harmonization, Contactualism
La problématique du consentement à l'arbitrage multipartite au sein des groupements de sociétés

Arbitration as an institution based on the intention of the parties, the consent on the multi-party arbitration procedure raises many problems relating to the way in which the parties express their intention to participate in a unique arbitration forum. This study aims to determinate the manner in which the arbitrator can join disputes resolution involving the groups of companies. The normal way to get a multi-party procedure is to provide it in an arbitration clause. This can be by signing a single arbitration agreement by all the parties involved. In certain cases, the multi-party arbitration can also be possible with several arbitration agreements especially when the parties took part in carrying out ofthe same economic operation. However, in other situations, the multi-party arbitration procedure is unrelated to consent. A non-signatory party can nevertheless be bound by an arbitration agreement signed by an other party. To allow the participation in the arbitration procedure of a third party non-signatory of the arbitration agreement, the arbitrators use several concepts provided chiefly by the national laws. 80, the lifting of the corporate veil, the doctrine of economic reality and estoppel, are the best tools for the arbitrators to bring to the arbitration procedure, by force or on request, a non-signatory of the arbitration agreement. Lastly, the mechanisms of the Civil code are used with efficiency by arbitrators to neutralize the effects of the relativity principle of the arbitration agreement. Those mechanisms are in particular the good faith, mandate, stipulation for another and assignment.

Keyphrases: Tierces parties non-signataires, Arbitration, Groups of Companies, Extension of the arbitration clause, Third Party non-signatory
L'âge, un motif autorisé de discrimination? : étude critique des effets conjugués des articles 10 de la Charte des droits et libertés de la personne et 15 de la Charte canadienne des droits et libertés comme obstacles à la protection contre la discrimination fondée sur l'âge

The present Master's Thesis raises questions regarding the singular treatment to which "age" has been subjected as a prohibited ground of discrimination, under the Canadian Charter of Rights and Freedom and the Quebec Charter of Rights and Freedoms. We will see that even though age discrimination is not strictly "authorised", it is nonetheless often held to be acceptable. First, we will synoptically review the concepts of discrimination and equality which emanate from section 10 of the Quebec Charter and section 15 of the Canadian Charter. Then, we will identify a certain number of legislative limits which affect these rights, and may constitute significant obstacles in the effective fight against age discrimination. Finally, we will allow ourselves to advance sorne critical thoughts, highlighting how the peculiar perspective thatjudges have taken in age discrimination matters has introduced non sequiturs in the overall logic that can be drawn from the more general equality jurisprudence.

Keyphrases: Discrimination, Protection, Chartes, Jurisprudence, Equality, Human dignity, Charters, Limits, Non sequitur
La santé et le droit de l'immigration : une perspective comparative du Canada et de la France

For a long time countries have been interested in the health conditions of immigrants in order to authorize their entry and to remain there. This is why the medical examination of immigration applicants is done as part of the admission requirements. In this thesis, we propose an analysis of the health implications in the immigration field by focusing on the particular situations of Canada and France. We examine the legal framework of the two countries, as weIl as the European context. We identify three approaches concentrated in the public health and safety, the economic considerations and the humanitarian reasons. We observe that the range of medical controls to be carried out varies according to the adopted approach. From the economic perspective, the examination of the medical condition of the applicants is more exhaustive, and the predictive information captures sorne attention. Although the objectives of the medical examination in the immigration field are themselves legitimate, the sensitive nature of the health information, including genetic information, can be seen as a possible source of discrimination or unjustified intervention in private life. This imposes the greatest prudence and respect of the well-known principles of consent and confidentiality. The requirement of a reasonable and proportioned link between the required information and the goals of the immigration policies must also be respected, in order to achieve the right balance between the legitimate interests of countries and the rights of the people.

Keyphrases: Immigration, Law, Health, Genetics
Procréation assistée et filiation : enjeux et solutions en Suisse et au Québec

In January 2007, at the age of 28 years, Louise Brown became a mother. Thirty years is the necessary time for a new generation to bloom. It is a short period on the scale of human history, but it was enough to provoke the huge changes induced by science and manner evolutions during the XXth century and deeply modify the face of the family and its most intimate cement: the filial status. This work presents the way in which Law apprehends these changes in Westem societies that are increasingly tom between their Judeo-Christians roots and their technological aspirations. It seeks to understand the place of Law in new family structures and to evaluate the quality of the solutions that Law proposes to take the multiple and complex risks of assisted procreation into account. With this intention, it sticks to the examination of two places sharing a common heritage to many regards, but having different normative ways: Switzerland and Quebec. To do so, it defines conceptual tools that are necessary for the very meaning offilial status to be understood. It accounts for the way in which Law handles these tools by goveming the establishment of the filial status and its proof as weIl as assisted procreation. It concludes by a critical evaluation of the solutions under consideration in the two systems studied. It thus highlights the risks of assisted procreation for Law and the large pallet of possible legislative solutions. It shows that two systems can translate shared concems into diametrically opposite norms. In particular, equality, freedom and the best interest of the child are principles concretized according to distinct designs. The attachment to the institutions appears with variable degrees. The scientific innovations are accommodated with a more or less constant enthusiasm. All these factors have an important impact on families in Switzerland and in Quebec: after being similar for a long time, today they follow different paths... but these might not be irremediably irreconcilable.

Keyphrases: Assisted procreation, Family, Filial status, Child, Homosexuality
La convergence de la sécurité informatique et de la protection des renseignements personnels : vers une nouvelle approche juridique

The latest development in information networks largelly contributed to the increasing amount of personal data being collected by the public and private sector and the replacement of old fashioned collection methods by faster and cheaper techniques. Notions of privacy and control of personnal data are not as we used to know them a decade ago and they became somehow incompatible with an open and commercial society in which we live. Facing this new and dangerous reality to fondamental human rights and liberties, it is pressing to give a legal and technical stable framework insuring an adequate level of protection to personnal data. To keep a competitive position in the market and maintain individuals trust in the system, companies and governments must guarantee an efficent security infrastructure. If this feature was until now a strategie advantage, it has become an authentic legal obligation to protect personnal data by suffisant safeguards. The purpose of this work is essentially consider those two statements: the study of the development of a legal obligation to guarantee the security of personnal data and the legal backing for the implementation of a security policy respecting minimal standards imposed by national and international laws.

Keyphrases: Information security, Personnal data, Adequate safeguards, Security policy, Legal obligation for security
Le droit de distribution électronique : essai sur le droit de distribution des oeuvres en droit d'auteur canadien, américain, anglais et français

Should a digital distribution right be introduced in copyright law ? This study will attempt to answer the question. The introduction of a specific right to respond to the digital transmission of works has been pondered at the highest level of international institutions. The digital distribution right was considered as a serious option, together with the «making available» right, during the negotiations of the WIPO treaties of 1996. Over and above this consideration, the subject of distribution invites one to examine, from general perspectives, the economic structure of copyright, as weIl as its history, how it evolved and responded to new technological ways of distributing a work throughout the centuries starting form the beginnings of the printing press. All things considered, the scope of copyright and its impact on the exploitation of a particular good - the intangible good - will be studied. We will observe that copyright law plays a major l'ole in the new economy of the information society. It lays down the foundation of a new normative system for distribution of intangibles, transcending both property and commercial law.

Keyphrases: Copyright, History of copyright, Colonial law, Distribution right, Digital distribution right, «Destination» right, Importation right, Lending right, RentaI right, Exhaustion theory
La légitimité d'une éventuelle application de la thérapie germinale humaine : les aspects juridiques et éthiques

Germ-line therapy is far from being applied in a secure and responsible way because of insufficient medical knowledge. The unanimity against its human application is manifest in the normative frameworks which universally reject it as unacceptable. Certain instruments adopt a rigid approach and formally prohibit it, while others adopt a flexible approach by remaining open to possible applications. There is significant divergence on the legitimacy of this technique. Modem medicine must rest on guiding principles stemming from various sources borrowed from law and from ethics. Framing principles are derived, on one hand, from fundamental rights and freedoms such as the principles of dignity, liberty, and equality, and on the other hand, from the rules of research ethics based on principles such as beneficence and the respect for persons. The prospect of human applications of germ-line therapy does not inevitably infringe on fundamental principles. It depends the application envisaged. A restricted application, used in specific circumstances to relieve or eliminate certain forms of suffering, could respect the principles endorse fundamental rights and freedoms. Germ-line therapy raises difficult and sometimes new ethical questions: notable examples include the extension of the risks to persons other than the treated subject and the obligation of long-term follow-up for the descendants who did not consent to the research. Germ-line therapy is presently unacceptable given the current state ofknowledge; however, it should not be the object of a total prohibition.

Keyphrases: Biotechnologie, Genetic engineering, Biotechnology, Bioethics, Fundamental rights, Research ethics, Dignity, Freedom, Equality, Risk, Consent
Analyse des glissements juridiques de la politique canadienne en matière de brevets quant à son objectif d'équilibre entre la promotion des intérêts de l'industrie pharmaceutique novatrice et ceux de l'industrie du médicament générique

All Canadian provinces are presently facing increasingly growing drug expenditures. In order to control these expenditures the provinces have adopted different policies to promote and accelerate the sale of generic drugs, these drugs being equivalent to brand-name drugs but thirty to fourthly percent less expensive. Considering its jurisdiction in the field of patents, the Canadian government could contribute to the efforts of the provincial governments in making more flexible the Canadian patent rules, thus promoting the marketing ofgeneric drugs in Canada. The government is however hesitating to do so because of its policy on pharmaceutical patents, which policy aims at balancing the interests of both the brand-name and generic drug industries. Effectively, the purpose ofthe poltey is to promote, on the one hand, the investments in research and development of new drugs in Canada and, on the other hand, to guarantee the rapid marketing of generic drugs, thus controlling drug expenditures. The purpose of this thesis is to examine the judicial framework of the Canadian policy on pharmaceutical patents. Its weaknesses, with regard to the balanced objective of the policy, resulting from its application in the present judicial, political, and economical and scientific context are the focus of this analysis. Our goal is to demonstrate that, to reach the Canadian social benefit, both in the short and long run, the Canadian policy on pharmaceutical patents should not be relaxed for the sole benefit of the generic drug industry, although the drug expenditures are growing. Rather, the social Canadian benefit would only be maximised by re-balancing the Canadian policy in the light of all its demonstrated weaknesses.

Keyphrases: Monopole, Patents, Brand name drugs, Generic drugs, Monopoly, Price drug expenses