NCube/papyrus huggingface dataset:
Arbitrage en ligne et les litiges du commerce électronique

E-Commerce is no longer a channel in support of the standard fonu of trading consumption goods. It has become an alternative trading market for those consumption goods. However, whether trade takes place through e-trading or more traditional ways, human relationships are likely to entail conflicts. As a new fonu of trading, e-commerce fostered and strengthened the relationships between individuals, inc1uding lawsuits. Nonetheless, the types of lawsuits related to e-commerce differ from those related to the standard trade in several ways. For example, lawsuits related to etrading often involve relatively limited amounts of money because of the particular context in which trade takes place through the internet or some technical aspects of it. In addition, the international dimension of the trade further complicates the settlement of litigation since it implies sensitive deliberations about the place ofjurisdiction and the applicable law. In this case, the difficulty in conducting the legal practice is exacerbated by the fact that parties are far apart. Consequently, online arbitration has the noble goal of eluding the legal process, especially abroad. The World Wide Web, through its numerous possibilities, raises questions on the references of the c1assical justice and proposes solutions in ways that so far were unexplored. Since they share many of the same characteristics, on-line arbitration is similar to e-trading-that is, the on-line arbitration process is made from distance. Overall, a very particular attention must be paid to the specificities of the Internet and to its possible effects on the traditional arbitration framework. For the arbitration, the transition of trade toward the electronic world has created lots of vii difficulties. While online arbitration is technically practicable, it raises many legal issues. Online arbitration cannot totally fulfill the numerous conditions of content and fonn that standard arbitration requires. Nevertheless, the Law, with its growing concern for perfection and adaptability, is progressively overcoming this difficulty. Those are the issue that we will try to address in this study.

Keyphrases: Arbritage, electronic commerce, online dispute resolution, arbitration, online arbitration, consumer, cyberconsumer, international private law
Les questions de compétence internationale des tribunaux québécois soulevées par le recours collectif multi-juridictionnel : pragmatisme ou cohérence théorique

Multi-jurisdictionnal class actions raise several questions of jurisdiction. As a result of the specificity of both class actions and the law of class actions, private international law and constitutional law applicable to jurisdiction may be invited to adapt to the new trend of multijurisdictional class actions. The transformation of these sectors of the law to take into account the reality of class actions is the subject of this thesis. This study primarily seeks to determine the nature, scope and opportunity of the transformation of Canadian constitutional law and Quebec's private international law to account for national class actions. This study reaches the conc1usion that this influence is significant outside the Province of Québec, that it may, according to the circumstances, be justified or not and, most importantly, that the equilibrium between these three sectors of the law should be settled by the Supreme Court of Canada in order to dissipate the uncertainties arising therefrom, uncertainties that continue to be costly for multiple claimants or defendants.

Keyphrases: Class action, Constitutional law, Private international law, Jurisdiction, National class
Le processus suivi par les pairs aidants lors de leur expérience auprès d’adolescents suicidaires

Since the last twenty years many suicide prevention programs have been developed. One of these programs relies on peer helping. It consists in training young people whose role is to support students experiencing difficulties. However, to our knowledge, no study has had the specific concern of understanding the assistance brought by a peer helper to a suicidal teenager. This is why the purpose of our study is to understand and interpret the process followed by peer helpers as they assist a suicidal adolescent.     We interviewed five young adults who used to be peer helpers one to three years prior to the interview. Because of its relevance for this type of study, the selected methodological approach was Grounded Theory.   The proposal that emerged from the data analysis is that the peer helpers’ experience with a suicidal teenager is, simultaneously, a stimulating, confronting and enriching heroic mission. We identified three stages to illustrate the globality of this experience described as a mission that invites the peer helper to take a hero role.    The first stage begins with the access to the peer helper status. After having contact with a suicidal schoolmate, the peer helper gets heavily involved in the mission of saving him.  At this moment, the peer helper is blazing in its hero role.  The second stage includes all that surrounds the mission itself. Therefore the facts surrounding the mission will then be considered. The support begins as a fight to save the suicidal schoolmate.  The blazing enthusiasm of the beginning moderates in the ambivalence of the fight, which represents the concrete assistance. It is the period of a certain disillusion.   The last stage starts after the support provided by the peer helper is over. He then evaluates the mission’s victories and defeats. It is the moment of wisdom.   Through the analysis, some data caused reflection and questioning. Thus we undertook a second review of the literature related to the process of helping a suicidal teenager as a peer helper. At the end of this study, we believe that the peer helpers program has positive repercussions for the implied teenagers, when training is relevant and support is present.

Keyphrases: Grounded Theory, High school, Peer helping, Suicide prevention programs
Liberté de la recherche et modification du génome humain : le cas du transfert d'ooplasme

Ooplasm transfer is a new reproductive technique that jostles the basis of human gene modification. This new fertility treatment involved the transplantation of genetic material included in mitochondrion, and results in new-born with DNA from three different persons. This technique brings important sociological and ethical dilemmas. It also raises a critical discussion on how new reproductive techniques are regulated and how that regulation limits the freedom of research. Sociological theories about technosciences have shown that there is a great enthusiasm for research in society, but also great concerns on its excess. Those concerns have generated a multiplication of norms in order to control possible abuses of researchers. The multiplication of norms limits not only the freedom of research, but is also responsible for the confusion in interpreting the principles that justify them (human dignity, innocuity, health benefits), especial1y when these principles have to be reconciled at the national, regional and international level. This study is an ethical reflection on limits imposed on the freedom of research in the new reproductive genetics area. By using ooplasmic transfer as an example, this work addresses main issues of reproductive genetic and proposes a new way of understanding and considering genetics in the socio-economical context of technoscientific societies.

Keyphrases: ADN mitochondrial, Science, Freedom of research, New reproductive technology, Mitochondrial DNA, Germ line intervention, Society
La réglementation d'Internet dans le fédéralisme canadien : l'étendue des pouvoirs du parlement fédéral

The author exammes the fol1owing question: what is the extent of the Canadian Parliament's jurisdiction over the regulation of the Internet? The Canadian Parliament and the provinces are now more open to Internet regulation. However, the subject of the distribution of powers between the federal government and the provinces over the regulation of the Internet has not yet been significant1y discussed. After a review of the relevant constitutional principles and their applications to the Internet, the author concludes that a large part of the jurisdiction over the Internet is shared between the Canadian Parliament and the provinces.

Keyphrases: Internet, Constitution, Federalism, Distribution of Powers, Federal Undertakings
La fraude et la dématérialisation du crédit documentaire

The international trade does not cease developing with the evolution of information technology nowadays. The documentary credit, which is an instrument of payment of the price of commercial services between an exporting salesman and an importing purchaser, is part of the field touched by the electronic evolution. This is why the international Chamber of Commerce of Paris recently adopted the Guide on the computerized letter of credit (eRUU), supplement to the Uniform Customs and Practice for Documentary Credit (RUU 500). The letter of credit must be based on a great confidence and an enormous safety. Thus, the fraud harms the principle of the autonomy of the letter of credit and destroyes the need for safety which it generates. The divergences relative to certain criteria of the fraud and the delimitation of the obligations of the bank in the checking of the documents on paper medium are complex enough for the international tradesmen and the banks. And even if the dematerialization of the documents tends to decrease the fraud on the matter, the dematerialized credit on security would be still far from being carried out without difficulties, with the direct emergence of the thirds in the operation. Its exhaustive analysis must then continue on the doctrinal level. The delimitation of the duty of the bank in the search for this electronic fraud, and in the payment of the electronic documents would become as debatable as that in the traditional documentary credit. The banks would have to be somewhat sensitized on the need for making certain provisions as soon as possible, to allow companies' customers to carry out presentations or electronic receptions of the documents of the letter of credit in conformity with the eUCP.

Keyphrases: eRUU, RUU, Fraud, Letter of credit, Documentary credit, Dematerialization, Computerization
Les investissements étrangers directs en Chine : vers un équilibre entre la protection des investisseurs et la protection du marché chinois

Foreign direct investments (FDI), a sustainable transfer of capital from one country to an enterprise formed or operated by the foreign investor on the territory of the host country are very important for the economic development at an international level. China has made FDI a top priority for its open door policy. Given the importance of FDI, international organisations such as the World trade organization are attempting to put in place a convention to deal with FDI. The negotiating positions are hard to reconcile but China has adopted, since its accession to the WTO in 2001, the role of the intermediary between the developed and the developing worlds. International law as weil as the political and cultural backgrounds of China, have an important impact on intemallaws regarding FDI. By analyzing Chinese laws on FDI it is possible to determine the level of protection granted to FDI and to the Chinese market, this second element having a direct impact on a discriminatory treatment of foreign investors in China. Rules regarding the sectors of activities, the corporate structures available to FDI and the laws regarding contracts necessary for the business operations essentially have for objective the protection of the Chinese market and consèquently, have for effect to discriminate FDI. In contrast, tax legislation applicable to FDI has a positive impact granting them preferential treatments in conjunction with geographic zones or sectors of activities and thus also has the effect of responding to China's commercial and development imperatives. Although legislation pertaining to FDI in China may appear complete, laws must be applied properly in order to have their expected effects on the treatment of FDI. Because of many factors such as the cultural background of China, there is no rule of law in China; relationships are still very important and laws come second. Consequently, the laws and regulations, even if many of them have the objective of protecting the market, fail to protect the FDI properly on the Chinese territory. Our conclusion is that protection granted to FDI is insufficient although it is improving rapidly and the treatment of FDI is in many cases still discriminatory in order to protect the Chinese market. It seems that the protection of the investors and the protection of the Chinese market have yet to reach a balance.

Keyphrases: Structure corporative, OMC, Protectionism, Chinese law, Corporate structure, Contracts, WTO, Taxation
L'exécution des décisions de la Cour internationale de Justice : faiblesses et malentendus

One of the main criticisms addressed to international law from the 16th century denounces the weaknesses of its enforcement's mechanisms. For this reason, some positivist thinkers question its existence. This thesis studies complîance with decisions of the intemational Court of Justice. To do so, it examines mainly Article 94 of the United Nations Charter, which takes both their binding effect and their enforcement into account. On one hand, the obligation of execution in the spirit of a consenting justice has been analyzed. A special attention has been paid to the conditions under which a dispute is presented to the Court and the practice followed. This step helps understand the fundamental role of the parties or tierce in the post-judicative phase. On the other hand, emphasis has been placed on the legal framework for enforcement of the lntemational Court of Justice's decisions. The role of the Security Council of the United Nations under Article 94 (2) has been emphasized. Its action in a case of non-compliance with a final judgment or an order indicating provisional measures is uncertain because one of the five permanent members may use its power of veto. Other remaining possibilities such as the recourse either to some intemational institutions or to unilateral coercive measures may not be of a greater practical importance. This research concludes that the strengthening of the procedure under Aliicle 94 (2) is not an option for improvement as long as the international society is not sufficiently integrated.

Keyphrases: Parties, International Court of Justice, Security Council, Power of Veto, Compliance, United Nations, Intemational Law, Enforcement, National Sovereignty
La responsabilité de l'intermédiaire de marché et la protection du petit investisseur : à la recherche d'un certain équilibre

In the past few years, use of various investment strategies and intermediary market services has occupied an important place in the Canadians' retirement financial planning. However, one question remains unanswered: Are contemporary financial markets adapted to small investors? Asked many times over the years, this question is ail the more striking in light of the upheaval that stock exchanges have suffered since March 2000. To answer this question, it is necessary to examine the context in which the relationship between market intermediaries and investors is established. The application of a technical regulatory system that gives structure to market intermediaries' activities and which is further completed by the rules of organizations that these professionals belong to readily imposes a model of conduct that aims to maintain investors' confidence in securities markets. Similarly, by adopting this set of rules, market intermediaries also adopt behavior that corresponds as much as possible to investors' expectations. Moreover, these rules, along with the new Code Civil, establish a set of obligations for parties in contact. It goes without saying that restraining certain duties and obligations inevitably causes legal disputes over civil responsibility. However, drafting a claim before the court to obtain compensation for losses suffered causes major inconvenience (financial burden of the proceedings, the delays and hold-ups, and the technicality of the duty to produce evidence). In certain cases, this finding can put into question how long the protection of public investors' rights actually last. In this context, the appearance in the last years of alternative means of settling litigation presents an interesting solution. It allows us to envision a new form of justice that is more adapted to consumer disputes and may very weil arise in the relationship between investors and market intermediaries.

Keyphrases: Conciliation, Legal responsibility, Investment dealer/broker, Securities adviser, Portfolio, Manager, Arbitration, Investment Dealers Association
L'erreur judiciaire : une démonstration difficile

A person is unjustly condemned to imprisonment. He or she is victim of a wrongful conviction. Many causes can lead to such an injustice but unfortunately, it is hard to prove. The country's criminal justice system makes no exception to wrongful verdicts of guilt and many innocent people have paid the priee. Thus, how can a person victim of a wrongful conviction prove his innocence and recover his rightful freedom? Of course, the confession of the true guilty person, the discovery of new evidence or a special inquiry commission are all ways of recognizing factually an unjust guilty verdict. However, certain procedural obstacles such as appeal delays, rules of admissibility of new evidence or even the procedure for correcting wrongful convictions provided under article 696.1 and following of the Criminal code, can complicate the scenario. Before June 4, 2002, the latter procedure was provided under article 690 of the Code. However, following great criticism as well as a public consultation orchestrated by the Canadian government, legislative modifications were brought to that procedure. Are the modifications made to the procedure sufficient? We believe that some of them are greatly appreciable. However, the evaluation and case recommendation structure to the Minister deserves the creation of a committee constituted by attorneys fully independent of the Minister able to advise him or her. This is necessary in order to fully reduce any potential conflicts of interest by the Minister and would ensure transparence of the process in question.

Keyphrases: Causes, Causes, Demonstration, Request for leniency, Revision process, Wrongful conviction
Biotechnologies et brevets : le cas de la pharmacogénomique

In the last decade, pharmacogenomics has become the "revolution" mantra for numerous researchers and industry representatives. The research interest of the industry for pharmacogenomics will be determined by financing possibilities and prospective economic benefits. In this perspective, the intellectual property system (more specifically patents), has always been the privileged tool to motivate research and development of pharmaceutical products. However, its application to pharmacogenomics is controversial. This study evaluates the applicability of the international patent system to the area of pharmacogenomics. A comparative review and analysis of international laws and guidelines applicable to biotechnology and pharmaceutical patents as well as a review of the literature was carried out. Our study found that the patent system remains a viable solution to promote research and development of pharmacogenomics. However, some adjustments are needed to ensure that overbroad patent having a weak legal basis are not granted on both new pharmacogenomic research tools and diagnostic tests since this could be detrimental to research and limit access to healthcare. Strategies are suggested to promote a patent system, applicable to the field of biotechnology, that will give the necessary incentive to inventors and industry while protecting our fundamental human values.

Keyphrases: Pharmacogenetics, Pharmacogenomics, Intellectual property, Patents, Drugs, Genetics, Human rights, Biotechnology
La professionnalisation : entre la protection du public et l'intérêt des professionnels

The social economical context characterized by the division of labour favoured the development of c1osed labour markets. The formation of professions is part of this social phenomenon. By controlling internaI and external factors of its economic activity, an occupational group avoids or at least influences in its favour the control exercised by others. It also protects its field of competence from other groups and can even extend it into other spheres. Exercising control over its activity secures professional, social and economical status. This may explain why the formation of professions is so popular. However, such considerations do not necessarily compromise public protection. On the contrary, the legitimatization of an occupational group ensures public protection. A group needs to acquire and maintain not only social recognition of its competence and usefulness but also to legitimise its control. Such legitimacy is required to maintain professional, social and economical status. This explanation to the social phenomenon of formation of professions is based on three sociological views, namely functionalism, interactionism and conflictualism. From these perspectives, the Profèssional Code is first considered. It is followed by the study of the strategies and the arguments of two social groups who hold different views on the formation of professions.

Keyphrases: Formation of professions, Professional order, Public protection, Sociology of professions, Legitimatization, Closed labour markets
Les marques de commerce au Canada : analyse de certains points de droit international et de droit comparé

The purpose of this thesis is to compare the Canadian legislation in trade-marks law with international trade-marks law and the law of sorne industrialized countries. It is also suggested that the implementation of the Madrid Protocol, of the Trademark Law Treaty, of the Nice Arrangement and of the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks would necessitate some amendments to the Canadian Trade-Marks Act. Moreover, some sections of the Canadian Trade-Marks Act should be amended so as to comply with the TRIPs Agreement and with the Paris Convention. U.S. and UK. approaches regarding the use of a trade-mark are also analysed, since international law does not appear to have fully addressed this issue.

Keyphrases: Examen, Classification, Radiation, Trade-Marks, Internation Law, Comparative Law, Examination, Use, Well-Known
La régie d'entreprise : son évolution face aux bouleversements des marchés financiers

Over the past year, corporate governance has suffered many hits. Traditionnally pushed aside as management's problem, the recent wave of financial scandais in the United-States has put corporate governance at the front end. In that context, the role of market participants must be redefined. The United-States Congress reacted very rapidly to the scandais by adopting a new by-Iaw, the Sarbanes-Oxley Act. The Canadian authorities had to question themselves as to what kind of reform Canada would need to put it on the path of better Corporate Governance without compromising its competitiveness in a global market. The present paper follows a practical approach to the recent Corporate Governance problems. Beyond the theories elaborated on Corporate Governance, today's context requires concrete action adapted to the Canadian economic environment. In this sense, the reaction of the Canadian authorities to the new rules in the United-States will give insight as to what is the Canadian authorities' philosophy on the subject and what lies ahead for regulatory changes in Canada in the market's search to regain investor confidence after a wave of financial scandais.

Keyphrases: Sarbanes-Oxley, Corporate Governance, Securities