NCube/papyrus huggingface dataset:
Analyse du droit de l'Union européenne face aux déplacés environnementaux

The consequences of climate change have raised a few issues, including environmental migration. Though debated by some researchers as of the middle of the 20th Century, this phenomenon still poses difficulties in 2020 especially in terms of the scientific and legal terminology, generating differentiated approaches depending on the reason for the debate. Considering this continuing legal vacuum, this dissertation wished to assess the policies that could be carried out at the regional level, while taking into consideration the international context in which it operates. Consequently, the choice fell on the European Union to better understand the developments brought about by the Treaty of Lisbon. The latter has brought a new legal framework, favoring the consideration of environmentally displaced people. We were thus able to examine the competences which could be seized by the European Union, before analyzing their effectiveness. This allowed us to conclude that humanitarian law, applicable differently depending on the objectives it pursues, and prevention policies could provide effective aid to the displaced. We were also interested in the limits that these solutions could present. This study, however, came up against certain limitations, notably by the holistic approach required. Indeed, the divergent scientific and legal conclusions did not allow us to draw definitive and homogeneous solutions. In addition, environmental challenges as they are posed today can evolve positively or negatively about environmentally displaced people. Finally, we have decided to focus only on the policies applicable at the supranational level without dwelling on the contributions agreed at the national level by Member States, considering the university format.

Keyphrases: Migration, Environment, Humanitarian, Displaced, Refugee, European Union, Competences, Lisbon Treaty
La responsabilité sociétale des multinationales canadiennes à l’aune de l’AECG

Norms and directives of corporate social responsibility become effective only once countries and corporations decide to implement them. In a context of globalization, governments decided to encourage an increasing freedom to markets and therefore to big corporations. In order to facilitate commercial exchanges, foreign investors benefits from international protection in the face of host countries legislations. Even if it means circumventing essential societal considerations.  Corporations’ societal impacts are built upon social responsibility that international organizations have created through international norms and standards. This concern on a voluntarily basis of certain societal issues now appears in so called ‘new generation’ free trade agreement like the European Union-Canada Comprehension Economic Trade Agreement. Parties are encouraged to respect universally recognized guidelines and principles related to corporate social responsibility. These currently suffer from their intrinsic difficulties.  Multinational corporations are often sheltered from their breaches (to social responsibility) as their legal statue remain unclear. Furthermore, investment arbitration allows foreign investors to balance their obligations by having a scrutiny right over their host country’s regulations. Those host countries are facing attractiveness and competitiveness challenges despite their obligations to respect the international community’s universally accepted values.

Keyphrases: Alena, Corporate social responsability, Multinationals, Foreign direct investment, Ceta, Nafta, Free trade agreement, Universal values, Arbitration, Arbitrator
La victime d'acte criminel : l'injustice d'une partie évincée du procès

Victims in today’s criminal justice system are living with feelings of injustice because of the way they are treated during their trials. We have gone from a system where the victim was the instigator of the proceedings, to one where he is relegated to simply being the victim. Our system has ousted them by involving only two parties: the State and the accused. This change happened for many reasons, the main one being the presumption of innocence and, therefore, returning to a barbaric system is out of the question. However, it is impossible not to see the negative consequences of the current system. The injustice felt by the victims leads to a loss of confidence in our criminal justice system, not only by the victims themselves, but by the general population as well. Consequently, there is an important need to rebalance the system and help victims recover the sense of justice that they have lost. There have been attempts by the Government, however they have revealed themselves to be insufficient. A government policy statement cannot be the only solution, concrete action is required. We propose that these actions should be to constitutionally protect victims’ rights, similarly to those of the accused and make the victim an active participant during criminal trials.

Keyphrases: Witness, Role, Status, Victim's rights, Criminal trial, Victimology, Victim
Les appels d’offres municipaux, au lendemain de la Commission Charbonneau

This master’s thesis is divided into two parts. The first one is a bit more theoretical and is intended to be a brief overview of the problems linked to the awarding of municipal contracts over time, as well as a reminder of the current rules governing the awarding of contracts. The second part informs on the best practices to be followed during a call for tenders, the gray areas, and the errors to avoid during the process leading to the awarding of a contract. First, the author addresses the writing of the call for tenders, its publication, the opening of tenders, and the formalities to be followed in order to determine the tender to be selected. Next, she discusses the concepts of contract division and notice of intention. The last chapter describes the various complaint mechanisms in the municipal sector. At the end of the thesis, six (6) appendices illustrate, using tables or diagrams, various key concepts and stages in terms of contractual management.

Keyphrases: Contrat public, Awarding of contracts, Call for tenders, Contract management, Electronic tendering system, Tender, Tenderer, Municipal Law, Public contract, Supply contract
«Je m'appelle Jacques Derrida» : remarques sur la réception de Force de loi dans la pensée juridique nord-américaine

This essay considers the reception and interpretation of Jacques Derrida’s Force de loi – le « fondement mystique de l’autorité » in North American legal theory. In the first chapter, we examine the context in which Force de loi was written and pronounced, provide definitions of the key Derridean concepts mobilized in Force de loi and offer a detailed analysis of the text. In the second chapter, we argue that Jacque Derrida’s work was read and interpreted by American and English-speaking scholars in a very specific way, which shaped its reception in legal thinking. In the third chapter, we look at how Force de loi and “la deconstruction” were mobilized in the Critical Legal Studies. We argue that the critical legal scholars coined a “technical” use of deconstruction that did not fully integrate its ethical and political potential. Finally, we reflect on how deconstruction could be mobilized by legal scholars and jurists to open epistemological and political horizons that Derrida himself had not envisioned.

Keyphrases: Jacques Derrida, critical legal studies, Force de loi, Force of Law
L'évolution des rapports entre le juge et l'arbitre au regard des récentes réformes en droit de l'arbitrage québécois : les compétences exclusives et non exclusives du juge étatique

The arbitrator represents the judge in the arbitration proceedings: he decides, judges and holds the balance of justice in the arbitration proceedings. Although its decisions are arbitral awards, they do not have the enforceable force of a judicial judgment that would involve a penalty in the event of non-performance by the party against whom it was issued. Thus, the arguments according to which the reports of the judge and the arbitrator are conflicting, according to which the powers assigned to the arbitrator to complete his mission and the principle of incompetence of the state judge in the conduct of an internal or international arbitration, become refutable. Submitted for review and in support of the State judge, the arbitral body and the arbitral award shall be incorporated into the judicial order. They must live together in the same legal atmosphere. The judge in this regard has the obligation to protect and respect the will of the parties, while ensuring the smooth conduct of the arbitral proceedings. In light of the new arbitration reforms in force in Quebec, France and several other states, the relationship between the courts and arbitration has evolved towards understanding, collaboration and complementarity.  In addition, the legal texts and rules governing arbitral proceedings are of great importance in our presentation, as they contribute to the demonstration of these new reports. It is, in fact, the respect of the rules and the possibility for the parties to manipulate them that make the arbitration attractive.   The purpose of this brief is to demonstrate the evolution of the relationship between the judge and the arbitrator in light of recent reforms in the law of Quebec arbitration in parallel with the law of French arbitration. Our strategy will be to identify the powers assigned to the state judge and to analyse the place reserved for the state judge in this procedure. Since it proves to be a valuable support for arbitration, it would be appropriate to redefine its place in this procedure, in order to dispel any misunderstandings that may have existed.

Keyphrases: Arbitration, Courts, State judge, Arbitrator, Arbitration award, Division of jurisdiction, Exclusive jurisdiction, Non-exclusive jurisdiction
La personnalité du juge dans l'interprétation des lois

This text explores the phenomena that explain how the personality of decision-makers influences the  construction  of  statutes.  In  this  instance,  personality  is  defined  as  a  concept  which  encompasses all the judge's idiosyncratic features, including his susceptibility to the various social forces capable of influencing his judicial behavior.  The first half of the book considers why the personality can influence the determination of the law. It  studies  the  main  philosophies  regarding  law  and  adjudication:  formalism  and  realism.  The  analysis  continues  by  exploring  the  reasons  behind  the  indeterminacy  of  the  law.  It  ends  by  considering the role courts play in determining the law and the consequences of this interpretative reality. The second half focuses on the psychological notions that explain how personality influences the reasoning  used  to  solve  difficult  problems.  It  begins  by  considering  hermeneutics  and  how  understanding  is  a  subjective  exercise  influenced  by  the  reader’s  personal  bias.  The  analysis  continues by considering human reasoning and the coherence model proposed by Dan Simon. Within this model, the mind reasons through a mental representation of the problem. It is at this level  that  personality  influences  the  construction  of  statutes  since  it  is  used  to  evaluate  the  acceptance of the propositions that form the model. The mind then reconstructs the model to find a solution which is coherent with the judge’s worldview. The text concludes by explaining parts of the reasoning model which dampen the influence of the personality.

Keyphrases: Law - Interpretation, Law - Philosophy, Law – Psychological Aspect, Judicial Process, Decision making, Hermeneutics
L'UEMOA : la cohabitation des juridictions intervenant dans la résolution des conflits issus des investissements internationaux

The cultural traditions and the common history of the UEMOA member states have been key factors in bringing them together in various fields. Indeed, the common currency of these different countries has made it possible to establish the foundations of a common investment law, and an area of cooperation based on deep solidarity. This was to be done, through the recognition of the freedom of movement of capital in the treaty of May 12, 1962 establishing the UEMOA which they had undertaken to transform into the West African Economic and Monetary Union. Over time, the development of community law in West Africa has evolved and covered a large field which now extends to and covered to investment. The challenges of International Investment Law, due to the requirements of the globalization of economies, have forced the WAEMU States, importers of capital, to converge their investment regulations in order to promote their attractiveness and draw better. The difficulty of such an objective lies, on the one hand, in the need to manage to reconcile their interests with those of investors ; which are not always convergent and on the other hand, raise certain questions concerning the choice of competent courts and the law applicable to investment agreements. The Union has not departed from the international investment protection standards that exist for procedural guarantees. It recognized the relevance of arbitration as a means of settling disputes while reaffirming the principle of the jurisdiction of national and Community courts. Therefore, to debate "the cohabitation of the jurisdictions framing the arbitration of conflicts arising from international investments in the UEMOA" theme of the study that we conducted, we followed the following approach : vi In Chapter I, we presented UEMOA in its entire component. In Chapter II, we presented the various investments within the UEMOA. As for Chapter III, it shed light on arbitration within the UEMOA and deals with certain arbitral awards on cases of conflicts between Member States of the Union and investors. In addition, Chapter IV offers some critical analyzes on conflict management. Finally, Chapter V presents our critical analyzes and recommendations to make our contribution to the improvement of this important and delicate practice for the Union.

Keyphrases: International investments, Coexistence of jurisdictions, Conflict resolution, UEMOA
Le développement d’hydrocarbures dans l’océan Arctique et l’obligation d’entreprendre une évaluation environnementale

As the ice melts, the Arctic Ocean becomes progressively accessible. It brings a renewed interest for a region that has long been forgotten by states. The new licenses granted for the exploration and the exploitation of hydrocarbons evidence a globalization of the Arctic. However, before accepting an economic project, it must undergo an environmental impact assessment (EIA). This procedure is intended to inform the public authorities about the impacts that a project will have on the environment. The goal of an EIA is to move towards a conscientious and ecological decision. Thus, the scope and the type of information collected is of a crucial importance as it will influence the stakeholders’ choice. Therefore, the globalization of the Arctic raises the question of the relevance of such a procedure because new hydrocarbon development projects are generally accepted even if they take place in an environment characterized by its fragility and uniqueness. As a consequence, it is legitimate to ask whether the international and national obligations to undertake an environmental assessment (E.A) for hydrocarbon projects are adapted to the specific environment of the Arctic.

Keyphrases: exploitation, exploration, gaz, canada, autochtones, International Law, Environmental  impact  assessment, environmental assessment, exploitation, exploration, hydrocarbons, oil, gas, Canada, northern  territories, indigenous, Arctic council, Arctic
La protection de la vie privée dans le cadre de la lutte contre le terrorisme au Canada

The fight against terrorism implies, amongst others, the execution of preventative and punitive legislation to manage the threats from which Canada is exposed.  In this context, the state and its agents have access to many tools, such as “security technology” (facial recognition, video surveillance, fingerprinting, etc.), to achieve their different mandates.  The operation of these mechanisms raises questions and concerns in regards to privacy protection.    The sharing of personal information between different ministries, the consent pertaining to the collection of personal information, and legislators’ right of access to state secrets, etc., are issues that arise when the executive power undertakes security measures.  It’s found that the legislative changes to fight against terrorism create an imbalance with respect to privacy protection.     Indeed, unlike the fight against terrorism, the right to privacy is constitutionally protected under the Canadian Charter of rights and freedoms.  One of the challenges that must be recognized by the executive, legislative and judiciary authorities is to conduct their actions according to the rule of law in the context of national security.

Keyphrases: Constitution, Law, Privacy, Terrorism, Biometrics, Members of parliament, Judges, Information, National security, Norms, Power, Democracy, Freedoms
La gestion de la carie interproximale et occlusale chez l'enfant et l'adolescent

Objectives: The main objective of the research was to assess the management of interproximal and occlusal caries in children and adolescents by Canadian dentists to assess compliance with the new international recommendations on dental caries management. To do this, the restorative threshold, the restoration techniques materials were evaluated. The secondary objective was to assess whether there was a difference between the treatments performed by dentists according to different sociodemographic data, such as their province of practice, their graduation year and University, and their degree of specialization. A comparison was also made analyzing their age, their gender and their frequency of treatment in a pediatric population. Method: An electronic survey was created with REDCap protected server and was sent by email to members of various Canadian provincial regulatory bodies. This survey included 11 questions on the demographic factors of the respondent. The responding dentist was then exposed to 3 clinical situations on dental caries in children and adolescents. Results: Seven hundred and two completed surveys were included in the statistical analysis. For interproximal carious lesions limited to the enamel, 442 (62.6%) responded treating by surgical removal for a permanent molar and 502 (70.9%) responded doing the same for a primary tooth. For occlusal carious lesions, those numbers were 300 dentists (43.2%) for a permanent molar and 269 dentists (38.4%) for a primary molar. The majority of dentists used conservative techniques such as a box-slot preparation for permanent teeth (58.3%) and restored primary and permanent molars with composite resin. The age, year of graduation, gender, province of graduation and of practice appear to have a statistically significant impact on the restorative threshold.  Conclusion: Results show that many of the responding Canadian dentists would treat carious lesions, particularly interproximal lesions, more aggressively than the new recommendations for management of dental caries.

Keyphrases: Operative dentistry, Dental caries, Children, Dental restaurations
Analyse des facteurs liés aux dysfonctions temporo-mandibulaires dans une population orthodontique : intérêt d’une éducation thérapeutique et du dépistage de l’anxiété

Introduction: Temporomandibular disorders (TMD) are a group of pathologic and dysfunctional conditions affecting the temporomandibular joints, masticatory muscles and contiguous tissues. TMD have a multifactorial origin, involving behavioral, psychosocial, genetic and orthodontic risk factors. Objectives: The aim of this research was to determine the prevalence of TMDs and their possible associations with oral parafunctions in an orthodontic population, and on the other hand, by a simple therapeutic education (oral presentation with illustrations and short videos), to make patients aware of these bad habits. Materials and methods: In a sample of orthodontic treatment candidates (n=101, mean age 15.4± 5.6 years-old), we screened for oral habits, TMD and anxiety using the Oral Behavior Checklist (OBC), Diagnostic Criteria for TMD (RDC/TMD) and GAD7 questionnaires. A 10 minutes prevention conference followed, in small groups. After 2 months, patients received new OBC and RDC/TMD questionnaires via an email survey. Results: TMD symptoms affected 21% of subjects, whereas 10% showed moderate to severe anxiety (GAD7≥10), with higher scores in females (p<0.05). Symptoms were not related to malocclusions but were positively correlated with anxiety and oral habits, especially those increasing masticatory muscles function. The educational session was appreciated by 97.1% who completed the survey (66/68). Significant reduction in OBC was found in anxious patents after 2 months (GAD7≥5, n=14): they had reduced their chewing-gum use but selfreported increased bruxism and clenching in the meantime. No significant change occurred in neither OBC nor TMD scores in the minimally anxious subjects (GAD7<5, n=46), whom had baseline minimal symptoms and habits compared to anxious subjects (TMD score 1.4±1.7 versus 0.6±1.0, p<0.05 and OBC score 20.0±12.1 versus 36.4 ±110 p<0.001). Conclusion: Anxiety disorders should be screened in orthodontic patients, in association with preventive education on oral habits, as both have a strong relation with TMD. Bruxism and related masticatory muscles movements might require additional specific support.

Keyphrases: temporomandibular disorders, oral habits, anxiety, therapeutic education
Évaluation des effets de l’ostéoperforation et de la piézocorticision sur la rétraction des canines : essai clinique randomisé contrôlé

Objectives: The main objective of this study was to evaluate the effect of the piezocision and osteoperforation techniques on the rate of maxillary canine retraction. Methods: Subjects aged 16 and up requiring the extraction of maxillary first premolars were invited to participate in this study. Six weeks after the extractions, the participants underwent the piezocision and osteoperforations on randomized sides of the maxillary arch. Subjects were seen every two weeks to take digital impressions and to adjust the force of the spring. At the beginning and the at end of the retraction, a CBCT was taken to evaluate the root resorption and the amount of tipping. All participants were asked to fill out a pain questionnaire over a period of 7 days after the surgeries. Results: Eight participants were attributed to the experimental group and 5 to the control group. The results showed no statistically significant difference in the rate of canine retraction between the experimental groups and the control group (p>0.05). Furthermore, no significant difference was observed in the amount of root resorption and loss of anchorage between the two experimental groups (p>0.05). More tipping was observed in the osteoperforation group than in the piezocision group (p=0.049). There was a statistically significant increase in pain levels 24 hours after the procedures for both the piezocision and the osteoperforation groups (p=0.045 and 0.05) compared to the control group. Conclusion: The results of this study do not support the use of the piezocision and the osteoperforation techniques to accelerate maxillary canine retraction.

Keyphrases: Micro-ostéoperforation, Osteoperforation, Canine retraction, Flapless corticotomies