NCube/papyrus huggingface dataset:
L’autorisation de recourir à la force accordée par le Conseil de sécurité des Nations Unies

Authorization to use force is a practice whereby the Security Council allows member States of the United Nations or regional arrangements or agencies or the Secretary General of the United Nations to use military coercion. Such authorization circumvents the wrongfulness of using force in international relations as prohibited by article 2, § 4 of the UN Charter. It is obvious that this practice does not match the letter of the Charter, but it derives its legitimacy from the fact that it allows the Security Council to fulfill its primary mission of maintaining peace and security, since the system of military coercion under the Charter is inapplicable in practice. Nonetheless, this practice is marked by ambiguity: sometimes it appears as a UN intervention, and yet sometimes as a unilateral action of certain powers capable of conducting major operations. This ambiguity is exacerbated by the issue of presumed consent to intervene in various conflicts that some States attribute to the Security Council. In fact, the practice of authorization reinforces a hawkish tendency that characterized earlier periods. It can, if unchecked, undo the legacy of the law against war (jus contra bellum) of the twentieth century, which was the fruit of much effort in the history of international relations. The most serious danger is that hard-won negotiated achievements be thrown easily overboard and without delay, in order to serve short term goals.

Keyphrases: UN Charter, resolutions of the Security Council, International law of armed conflict, Resolutions of the General Assembly, Collective security, Unilateralism, Authorization to use force, Presumption of authorization to use force
Identification in silico d’éléments de réponse de récepteurs nucléaires impliqués dans le cancer du sein

Two thirds of breast tumours depend on estrogens for their growth. The network of genes mediating the proliferative effect of estrogens is not fully characterized. Putative primary and secondary estrogen target genes were identified with microarray analysis of MCF7 breast cancer cells treated with estradiol (E2) in presence or absence of the protein synthesis inhibitor cycloheximide (CHX). The promoters of the target genes were screened for transcription factor binding sites with a collection of 300 matrix based DNA-binding profiles. Estrogen response elements (EREs) were enriched in the promoters of primary target genes. E2F binding sites were enriched in the promoters of secondary target genes. Similar enrichment was also observed in regions bounds by ERα and E2F1 in ChIP-on-chip experiments for each set of target genes. Retinoic acid (RA) treatment of mammary carcinoma cells inhibits their growth. Putative target genes were identified through microarray analysis of MCF7 cells treated with RA. Enrichment of retinoic acid response elements (RARE) was observed in their promoters after removing the elements found within transposable elements. Although transposable elements mask the enrichment, RARE within primate specific transposable elements are bound in vivo by retinoic acid receptors in the promoters of known target genes BTG2, CASP9 and GPRC5A. Some of the RA target genes in MCF7 cells are also target genes of E2 suggesting that these two molecules exert their effects on cell proliferation in part by  opposite action on a common set of genes.

Keyphrases: ERα, transcription, ERE, RARE, estrogens, microarray, matrix-based detection, transposable elements
Le transfert des connaissances pour prévenir les chutes chez des personnes âgées en centre hospitalier cardiovasculaire aigu

The purpose of this master's degree project was to develop and implement a knowledge transfer approach in the prevention of falls among an elderly population in an acute cardiovascular setting. Thus, a combination of strategies based on interactive workshops facilitated the knowledge transfer with the healthcare professionals of a targeted unit. To select the knowledge to be implanted, an evaluation tool was updated and an intervention tool was developed. The participants were involved early and throughout the project. Analysis of the participants' environment was outlined by the Promoting Action on Research Implementation in Health Services (PARIHS) conceptual framework. The strategies of implementation consisted mainly of a promotional campaign, brief awareness and brainstorming workshops, as well as a series of follow-ups. Finally, an evaluation of the project was held 12 weeks after completion of the workshops. The gathering resources stage was facilitated by the managers' collaboration. Twenty-four workshops were held during day, evening and night shifts. Consequently, 93 % of the various active participants in the targeted unit took part in the workshops. A greater level of awareness was noted among participants following the evaluation of the project. To group together various participants for the same activity seemed convenient to us for many reasons, including group cohesion and communication. Our observations and the various comments received underline the participants' appreciation in having been consulted and involved early on in the implementation process. Other positives noted were the flexible schedule of activities and the bilateral knowledge sharing within interactive discussions.

Keyphrases: PARIHS, knowledge transfer, PARIHS, critical care, falls prevention, elderly, cardiovascular care
Reconnaître et protéger le statut constitutionnel des municipalités: critique de l'état du droit et perspectives d'avenir

This thesis proposes a global portrait and criticism of Canadian Law concerning the legal status of municipalities. The adage that municipalities are merely creatures of legislatures that have no constitutional status is an inheritance of the American Law (Dillon’s rule) dating back to the end of the 19th century. Many American states have rejected this rule though and implemented home rule powers in their state constitution. But canadian case law has not followed and still refuses to recognize constitutional protection to municipalities. We notice however an evolution of the legislation and the case law towards an increase of municipal autonomy. This research tries to demonstrate that the existence of municipal institutions steered by elected representatives and provided with autonomous powers on subjects of purely municipal interest is part of the unwritten constitutional law. The unwritten exceptions to the legislative power of a province to amend its internal constitution and the unwritten fundamental principles of democracy and protection of minorities will be examined. A protected status for municipalities is in compliance with the international instruments concerning local powers and is present in the constitutions of several States, among which California and Italy. Finally, we propose different measures inspired by international law and comparative law for Canada or Quebec to recognize expressly that the existence of the third branch of government is protected and that the democratic character of municipalities and their general municipal powers cannot be withdrawn by the Legislature.

Keyphrases: Constitutions provinciales, Municipalities, Local autonomy, Canadian Constitution, Unwritten constitutional law, Constitutional principles, Provincial constitutions, California, Italy
La souveraineté de l'État et le droit à des élections libres dans le contexte européen : essai fondé sur la jurisprudence de la Cour européenne des droits de l'Homme (1987-2008)

One of the fundamental criticisms levelled at the ECtHR review mechanism relates to the fact that it is jeopardizing State's sovereignty. According to some commentators the State's constitutional autonomy, untill recently strictly preserved under international law, is now questioned as a result of the international protection of human rights. This study aims to identify the link between the principle of State sovereignty, the guarantee of the electoral rights, and the role of the ECtHR. Our study will be divided into three chapters. Chapter l, "Progressive evolution of the principle of State sovereignty and the European mechanism for the protection of fundamental human rights", discusses the principle of State sovereignty and its interpretations in contemporary international law. The chapter traces the evolution of the principle and links it with the progressive development of fundamental human rights. Chapter II, "The interaction between the State's margin of appreciation and the European supervisory mechanism", considers what role the positive obligations of States may have played in the crystallization of States' attitudes towards the application of international human rights instruments. After a brief discussion of the doctrine of the margin of appreciation and States' obligations under the European Convention, the chapter focuses on the ECtHR's control and supervision of the States' electoral restrictions. Chapter III, "Electoral restrictions and the scope of limits imposed on the State sovereignty", is central to our study. This chapter examines the ECtHR case-Iaw on electoral rights (1987-2008) and draws attention to some electoral restrictions in legislative, administrative and judicial matters. This study looks at the challenges which surround the application of the right to free elections, focusing on electoral rights in national political discourse, and the development of the ECtHR's enhanced role in protecting electoral rights in Europe. It draws conclusions as to the relationships between the development of an effective protection of electoral rights and the resultant limitations to the State sovereignty.

Keyphrases: State sovereignty, Right to free election, European Court of Human Rights, ECtHR supervisory mechanism, State's margin of appreciation
L'élimination des barrières non tarifaires au commerce interprovincial et l'Accord sur le commerce intérieur du Canada

The Agreement on Internal Trade of Canada is a free trade agreement to reduce internal non-tariff barriers to trade. The concept of barriers to internal trade itself is controversial. There exists no consensus as to what are barriers to trade, what are their costs, and more importantly, whether they should be eliminated. The vast majority of experts are of the view that many of these nontariff barriers to trade are in the food processing industry. For many decades, this industry has been traditionally protectionist and is therefore a more difficult market to integrate. This situation may be observed at both the international and the internal level. In Canada, the tool of choice after years of failed constitutional negotiations was the Agreement on Internal Trade. This agreement, which bears a resemblance to international treaties, aims toward the gradual integration of the internal market in Canada. The desire to become an integrated and more competitive player in the global market conflicts with the provinces' intense desire to protect their legislative sovereignty. Thus, the tool chosen to open the Canadian market, the Agreement on Internal Trade, was drafted in a rather complex and inaccessible manner in order to strike a balance between those conflicting positions. The constitutional and political context in which the negotiations of this agreement took place coloured the text of the agreement itself and its drafting. In addition to its simplification, there exist several solutions involving various facets of the Agreement on Internal Trade, which should increase the effectiveness of the latter with respect to the integration of the Canadian interprovincial market, in addition to increasing its notoriety and its credibility and facilitating its implementation.

Keyphrases: Barrier to trade, Internal trade, Non-tariff barrier, Obstruction to trade, Positive integration, Negative integration, Market openness, Market integration
Investir en République Populaire de Chine : l'environnement légal et les formes juridiques d'entreprises

Over the last thirty years, turmoil is the key word that may well describe China's economic context. This sizable market of 1.3 billion people has now opened to the World and is boasting trade characteristics and growth potential beyond comparison with any Western market. However, it may become treacherous for anyone to set sail to conquer the Middle Kingdom without being aware of its business context. The present study intends to analyse the aspects which will help complete successfully an investment project in China. We will attempt in a first phase to demystify the economic, social and legal climate of the Chinese Business scene. A foreign investor will greatly benefit from acquiring a better sense of that environment in which our Western references are somehow limited. We will focus on the recent evolution in order to understand the major changes put in place in China over the last decade. One of the largest markets on Earth moved from a stiffly controlled economy to an open market economy with the immediate consequence that foreign investments from all over started to move in. Keeping in sight the constant development of the legal framework, we will identify the main challenges for a foreign investor in China. Among these considerations, we will analyse the role of the government in private transactions, the binding force of contracts and the settlements of disputes. In the second phase the present study, we will analyse the main investment forms available to foreign investors in order to operate or take part in the operation of a business in China. For every venture, the positive law set by the legislator must be analysed and reviewed in light of a number of elements pointed out by observers of that context. Following that, we will analyse the mechanisms available to foreign investors when acquiring a business. Finally we will complete the second phase with a comparative analysis of practical impacts regarding the establishement of different forms of enterprises or the acquisition of such enterprises.

Keyphrases: Chine, IDE, Fusions et acquisitions, Co-entreprise, China, Foreign Direct Investment, FDI, Business Law, Forms of foreign Investment, Foreign Invested Enterprise, Mergers and Acquisitions, Joint-Venture, Company
La mise en marché des produits issus du génie tissulaire: Une question de catégorisation?

Tissue engineering is an interdisciplinary field that applies the principles of engineering and the life sciences (including the science of stem cells) toward the development of biological substitutes that restore, maintain or improve tissue function. In other words, rather than being replaced, tissues and organs are repaired. Research in tissue engineering is important and ambitions are high, such as ending the waiting list for organ transplant. Tissue engineering has already started delivering therapeutic products for simple applications such as skin and cartilage. Questions on the way tissue engineered therapeutic products are regulated are raised with each new product. Until now, these questions have been given little attention compared to the ethical issues related to stem cell research and to the risks generated by biologics. It is therefore important to examine whether the regulatory framework is suitable since some tissue engineered products are already available on the market and others are soon to be marketed. Our analysis reveals that the Canadian regulatory framework is not suitable and the time is ripe for reform. The United States and the European Union have their own approaches that are instructive. We have undertaken a study of the regulatory premarket approval frameworks in Canada, United States and the European Union, and formulated suggestions for reform.

Keyphrases: Classification, Biotechnologie, Law, Tissue engineering, Tissue-engineered product, Combination product, Human cellular or tissue or cell- or tissue-based product, HCT/P, Device/biologics, Stem cells, Therapeutic product, Product classification, Premarket approval, Biotechnology, Regenerative medicine
La puissance des faits qui sont tus : la Cour suprême du Canada et l'expulsion vers la torture

In Suresh v. Canada (Minister of Citizenship and Immigration) (2002), the Supreme Court of Canada concludes that the principles of fundamental justice in section 7 of the Canadian Charter of Rights and Freedom allow, in exceptional circumstances, to deport a person facing a risk of torture. The Court writes that principles of fundamental justice must be determined by a contextual approach and based on a significant societal consensus. There is however no factual basis in the Court's reasoning. There is no discussion of the immigration context or the national security context surrounding this decision. The Court chooses a highly deferencial standard of review for the judicial review in administrative law of the Citizenship and Immigration Minister's decision to deport a person facing a risk of torture. This choice partly explains the deficient treatment of facts in the Court's decision. The Court concludes that there is a societal consensus on the principles of fundamental justice allowing deportation of a person facing a risk of torture without providing any evidence of this societal facto The absence of a proper examination of the facts and the evidence at the basis of conclusions in Suresh, reduces the legitimacy – the persuasiveness – of the Court's decision.

Keyphrases: Immigration, Immigration, Evidence, Administrative Law, Constitutional Law, Principles of Fundamental Justice, Factual Context, National Security, Canadian Charter of Rights and Freedom
L'arbitrage commercial international et les garanties procédurales

This research work tackles a complex subject, which is in the heart of a doctrinal debate in International arbitration Law: International Commercial Arbitration and procedural safeguards. In fact, International Commercial Arbitration is a traditional method of dispute resolution in International Trade and International Economic Relations. Parties to a dispute would rather prefer this mode of dispute resolution to state courts because of its hybrid nature (contractual and judicial).One can explain this preference for this method of international dispute resolution by the development of the international economy, the market globalization, the conclusion of numerous international conventions in the domain, the creation of arbitration centers, the modernization of national laws and regulations. By contrast, one can note that arbitration lacks predictability and certainty for parties in International Trade. One can just think of the multiplication of legislative attachments and judicial controls: conflicts of laws, conflicts between methods of conflicts of laws, etc. We have demonstrated that the solution to the difficulties of the conflictualist method would be the harmonization of the International Arbitral Procedures and that this method of dispute resolution would lead, more and more to the approximation between different judicial traditions (Common law and Civil Law). However this convergence movement is far from being achieved. Many other arbitral practices do still keep the imprint of diverse state procedures and of major legal systems worldwide.

Keyphrases: International Commercial Arbitration, Harmonization of Arbitration Proceedings, Procedural Safeguards in International Arbitration, Predictability of International Arbitration Proceedings, Respect to the Principle of the Fair Trial, Principle of Contradiction, Implementation of the International Arbitration Award
Étude historique des règles limitant le recours à la force en droit international

Current rules restricting military recourse in international relationship have, mostly, old historical origins. They have been shaped by the inheritance of a lot of authors and theories, as for example, the medieval doctrine of the just war. From Antiquity to the most recent developments of international law, through Middle Ages and Modern times, this study focuses on the historical sources of contemporary rules to help today's reader to understand international war law, and to help him to appreciate the justice of a war. Notions of legality and legitimacy have been chosen to highlight the most revealing rules in force.

Keyphrases: Law, History, War, Legality, Legitimacy
Le VEGF induit la synthèse du PAF par l’entremise de l’activation du VEGFR-2 : 
identification des phosphotyrosines impliquées

Vascular endothelial growth factor (VEGF) inflammatory effects require acute platelet-activating factor (PAF) synthesis by endothelial cells (EC).  We reported that VEGF-mediated PAF synthesis involves the activation of the homodimeric tyrosine kinase receptor VEGFR-2/R-2 which is leading to p38 and p42/44 mitogen-activated protein kinases (MAPKs) and secreted group V phospholipase A2 (sPLA2-V) activation.  We also reported that VEGF-A165-mediated prostacyclin (PGI2) synthesis requires VEGFR-1/R-2 heterodimeric receptor activation.  Selective activation of VEGF receptors can thus act as a balance in the synthesis of pro-(PAF) and anti-(PGI2) inflammatory factors.  It is unknown which VEGFR-2 tyrosine phosphorylation site(s) contribute(s) to PAF synthesis.  Bovine aortic endothelial cells (BAEC) were transfected with pcDNA vectors encoding for native VEGF receptor-2 (VEGFR-2) cDNA, or tyrosine phosphorylation sites mutated into phenylalanine (Y801F), (Y1059F), (Y1175F), (Y1214F), and an empty pcDNA vector was used as negative control.  Treatment of pcDNA-transfected BAEC with VEGF-A165 (1nM) for 15 minutes increased PAF synthesis by 300%, which was similar to VEGF-mediated PAF synthesis in untransfected BAEC.  In BAEC transfected with pcDNA vectors encoding mutated Y801F, Y1059F, Y1175F or Y1214F VEGFR-2 cDNA, we observed a marked reduction of VEGF-mediated PAF synthesis by 54, 73, 68 and 57% respectively as compared to pcDNA-transfected BAEC.  Our current data provide novel insight on the mechanisms by which VEGF promotes endothelial PAF synthesis which is known to contribute to VEGF pro-inflammatory activities.

Keyphrases: Tyrosine kinase receptor, growth factors, VEGF, VEGF, PAF, PAF, endothelial cells, cell signalling, inflammation, inflammation, angiogenesis