Suchergebnisse

The thesis raises the question of the place that can or should be occupied by ex post facto control through civil action in data protection law.In Europe, the General Data Protection Regulation is a clear attempt to encourage civil action, either individually or collectively, in order to make data controllers and processors liable, to punish wrongful or negligent behaviour, and to guarantee compensation for damages suffered by data subjects in the event of a breach of the Regulation's provisions. Data protection law is inherently a right with economic implications, guided by economic considerations. The Regulation is an illustration of this: it waives the mechanism of prior authorisation for any processing of personal data, in order to promote the free flow of personal data within the European Union to support the creation of a single data market and facilitate technological innovation.It establishes an ex-post legal control based on general principles and a standard of "due care" for data controllers.It offers guarantees to users whose data are processed by recognising the right to bring class action lawsuits, which is a major innovation.The thesis focuses on the generalisation of a posteriori control by the Regulation, with the transformation of the personal data protection authorities into a supervisory authority a posteriori. This external and visible change corresponds to a profound transformation of the nature of personal data protection law, as established as positive European law by the Regulation: this positive European law of personal data protection becomes a law of an essentially economic nature, like antitrust law, which it now complements. Indeed, this law approaches the circulation of personal data in the same spirit as competition law approaches the free circulation of persons, capital, goods, etc., but whereas antitrust law focuses on the high cost (in terms of price of services or goods) due to certain questionable practices (cartel practices, for example), data protection law focuses on the ...

We tried to define the notion of dialectical image and the dialectic within this image in Walter Benjamin's late work. We worked on a notion that was not completed by its author and that we only can grab through its conceptual genesis in the development of the concept of history. We followed a journey tracing the birth of a century that creates reproducible images to infinity. The specificity of these productions appears through the notion of phantasmagoria which translate a moment from the dialectic that composes the image's. The phantasmagoria expresses within the representations of a century the archaic and mythological part of the economic superstructure of it. Memory, experience and imagination seem to produce figurative utopian representations as well as destructive representations of the aspirations of a century, and to offer an internal image of the productions who belong to the social mechanisms at the basis of fetishism, and which express themselves as an endless permanent existential incompleteness. Merchandise appears as the central category of this process, defining the finality of the concept of materialist history as a story of emancipation that seeks to oppose to an ahistorical infernal universe, which is a continuity as a eternal return to the same of a social catastrophe generated by the ideology of progress associated with it. The theory of dialectical images arises as a political and theological, diagnostic and projective, historical perspective, as the one of an involuntary memory of a delivered humanity, as the foundation of completion times as completeness and discontinuity. ; Nous avons essayé de définir la notion d'image dialectique et la dialectique au sein de cette image dans l'œuvre tardive de Walter Benjamin. On a travaillé sur une notion qui ne fut pas achevée par son auteur et qui n'apparaît que à travers sa genèse conceptuelle dans l'établissement du concept d'histoire. Nous avons suivi un parcours retraçant la naissance d'un siècle qui crée des images reproductibles à l'infini. ...

Citizen participation to administrative decision is a developing concept in positive law. Still, its essence and scope have not reached consensus. The doctrine associates citizen participation to administrative democracy. Yet, participation fullfills other functions. It of course allows citizen to actively define general interest yet it also allows the citizen to defend his very own interest. At the same time, citizen participation both improves and legitimates administrative decision. Participation appears as a malleable concept. Its function depends not only on the actors psychology but also on the nature of the participatory instrument that legally implements it. The concept of citizen participation to administrative decision regroups several instruments, including the right to a hearing, representation of interests, referendum processes, and public participation procedures. The unity of participation gains meaning in its legal system, which is articulated around common guarantees ensuring the effectiveness of participation, that is to say, the right to prior information, the right to express a point of view and the right to an appropriate period of time to do so. Less systematically, the legal system of participation opens up to complementary guarantees to ensure its sincerity. This applies to the right of having a point of view considered, the presence of a third-party guarantor as well as the right to appeal. All these guarantees, however, are subject to diversified implementations. Indeed, citizen participation unity does not imply its uniformity. ; La participation du citoyen à la décision administrative est une notion qui se développe en droit positif. Toutefois, sa définition et ses contours ne font pas l'objet de consensus. La doctrine associe régulièrement la participation du citoyen à la démocratie administrative. Or, la participation remplit d'autres fonctions. Elle permet certes au citoyen de participer activement à la définition de l'intérêt général, mais elle lui permet aussi de défendre ses ...

The deportations to Siberia of the populations consist of one of the forms of political repression carried out in the USSR under the Stalinist regime. In Lithuania, part of the former Soviet bloc, around 130,000 people were deported (1940-1941, 1945-1953). For families who survive the journey and the first particularly difficult years, a new life is woven progressively working towards a paradoxical rooting in this land of forced exile. Yet, below the potential pathogenic effects on the affected individual and group, collective violence also generates new forms of relationships and psychic life. During the exile, couples are created, and a succession comes into the world carrying a double and potentially conflictual belonging conveyed in this status of children of deportees. The de-Stalinization policy (from 1953) will gradually grant these families the right of return. But they will find a changed country, struggling with the totalitarian regime submitting their history to denial and defamation. Their persecutions and discriminations will cease only with the collapse of the USSR and the event of independence in 1990 which will mark the opening of collective commemorative spaces. Different individual and family destinies unfold as to the possibilities of getting out of a traumatic repetition, of integrating, even of creating, from this history of violence conveyed in family transmissions. For some, specific individual and collective spaces and rituals emerge, and are sometimes revisited and reinvented from one generation to the next; such as the work of (co) -writing, the (return) journey in the old places of exile, the different voices of testimony. They work within a quest for meaning, a creation of symbols, and the inscription in the memory (collective and intimate) of family history, and at the same time of the History, remained long in need of words and place. ; Les déportations en Sibérie des populations sont une des formes de répressions politiques menées dans l'EX URSS durant le régime stalinien. En ...

The continuity of the Brazilian HIV / AIDS program faces several challenges: first, it is necessary to count the annual arrival of new patients. Next, we show that the program increases life expectancy and thus patients spend more time in the program. Finally, it should be noted that during the long treatment period, patients are vulnerable to viral mutations, which requires a change in therapeutic treatment. The analysis of the Brazilian case shows that the increasing need to integrate new drugs into therapeutic protocols makes it difficult to budget for patented antiretrovirals. In 2014, expenditures with 3rd line antiretrovirals reached 34.88% of the total antiretroviral budget and served only 3.8% of Brazilian patients in the same year. Brazil admits that investing in innovation is important in order to overcome barriers to access to medicines. In this way, the country imposes its national production policy through the Partnership for Productive Development (PPD) program, intensifying support to the Brazilian industry for the manufacture of medicines. We present a case study of the situation of Brazilian patients treated in a public hospital. According to data from the pharmacy, only 20.7% of the 145 patients have good therapeutic adherence. The Brazilian health system and the protocols to fight HIV suppose the integrality of the health care, that is to say that all the needs for the recovery of the state of health must be filled. The establishment of specific care policies for 2nd and 3rd line patients is imperative to avoid and prevent changes in therapies related to inadequate therapeutic adherence. ; Si de nombreux travaux ont été consacrés à la politique menée au Brésil dans la lutte contre la pandémie du Sida, très peu en revanche prennent pour objet central ses développements les plus récents qui consistent en l'introduction d'une 3ème ligne d'antirétroviraux pour les patients qui en ont besoin. L'introduction d'une troisième ligne soulève des problèmes complexes et pour parte inédits. Quel mode de ...

The limits of the bilateral and multilateral partnerships led by the governments as well as the strong mobilization of the local elected representatives allowed the decentralized cooperation to impose on all the nations of the world through their territorial collectivities. The post-Second World War was decisive for the establishment of this new relationship between North and South. Indeed, the former colonizers will try to maintain an umbilical cord with their former territories by displaying the will to contribute to their development and reconciling the peoples. This is how the French local authorities implemented various projects for the benefit of their Benin counterparts and this under the seal of decentralized cooperation. In this thesis, let us assume that local actors in both territories do not share the same perceptions of this decentralized cooperation. How do the perceptions and practices of the actors of decentralized cooperation between France and Benin turn out to be a relationship based on help or collaboration?Interviews with local actors in France and Benin show that their perceptions directly influence the place of decentralized cooperation in local and regional authorities. In France as in Benin, while elected representatives and executives members of decentralized cooperation management mechanisms perceive decentralized cooperation as a relationship based on collaboration, "working together", cooperation, most of the remote actors in the system. Recall it such a relationship based on the assistance provided by French local authorities to those Benin. This confirms our hypothesis on aid, which is the goal of any decentralized Franco-Beninese cooperation program. Indeed, the piloting mechanisms put in place represent laboratories of work, of reflection for technical choices downstream and upstream of the implementation of the aid provided to Benin local authorities by their Fren ; Les limites des partenariats bilatéraux et multilatéraux menés par les gouvernements ainsi que la forte ...

This dissertation aims to better understand what the meaning of waste is, for people who create, generate and manage it. From the study of both formal and informal systems of production and waste management, it is an invitation to question our responsibility and our actions (or absence of action) in relation to waste. Besides, it questions the coherence between feeling, thinking about and acting for waste. From this link between thought, sensation, and action, is a change of behaviour possible in each individual towards waste and, consequently in the way of dealing with the management of waste? This question is analyzed by highlighting the concept of "act of abandonment of waste" in urban spaces, as well as "wild deposits" within these same spaces. The analysis centers in the case of the city of Fortaleza in Brazil, which is a touristic area. It is the capital of the State of Ceará, recognized for its beauty but also for its social disparities. Beyond waste in itself, the approach considers all the involved ones (stakeholders), functions, and spaces, implied in waste production and its shared management. The research questions the evolution of waste management policies in Brazil in their complexity. This is done through a methodology that combines the interpretative approach, psychology of the environment, "garbology" and cartography combining dumps (symptomatic of waste dumping) and the actors' characteristics. Since the establishment of the 2010 Brazilian Policy of Solid Residues, new potentialities have emerged and allowed to glimpse a virtuous circle around waste : as a vector of social and environmental transformation, which turns around current meanings of and perceptions waste. Indeed, the infra-urban disparities reflect this sidelining of waste and remain strong, with waste rejected by the patrimonial and tourist zones, and relegated to precarious suburbs. However, the detailed study of the circuit of waste and of related actors, allows us to highlight a potential valuation for their shared management, ...

The countries of the world are already competing for Exascale and the first exaflopics supercomputer should be release by 2020-2021. These supercomputers will be used for military purposes, to show the power of a na- tion, but also for research on climate, health, physics, astrophysics and many other areas of application. These supercomputers of tomorrow must respect an energy envelope of 20 MW for reasons both economic and environ- mental. In order to create such a machine, conventional architectures must evolve to hybrid machines equipped with accelerators such as GPU, Xeon Phi, FPGA, etc.We show that the current benchmarks do not seem sufficient to target these applications which have an irregular behavior. This study sets up a metrics targeting the walls of computational architectures: computation and communication walls with irregular behavior. The problem for the computational wall is the Langford's academic combinatorial problem. We propose our implementation of the Graph500 benchmark in order to target the communication wall.These two metrics clearly highlight the advantage of using accelerators, such as GPUs, in these specific and representative problems of HPC. In order to validate our thesis we propose the study of a real problem bringing into play at the same time the computation, the communications and an extreme irregularity. By performing simulations of physics and astrophysics we show once again the advantage of the hybrid architecture and its scalability. ; La course à l'Exascale est entamée et tous les pays du monde rivalisent pour présenter un supercalculateur exaflopique à l'horizon 2020-2021. Ces superordinateurs vont servir à des fins militaires, pour montrer la puissance d'une nation, mais aussi pour des recherches sur le climat, la santé, l'automobile, physique, astrophysique et bien d'autres domaines d'application. Ces supercalculateurs de demain doivent respecter une enveloppe énergétique de 20 MW pour des raisons à la fois économiques et environnementales. Pour arriver à produire une ...

Debates around "sustainability" focus the development on the local level. Citizen participation becomes therefore part of territorial development projects as a tool that at the same time brings closer inhabitants and projects decision-makers and allows the first ones to reappropriate their territory. Publications about participation so far worry about its definition and the necessary means. Some talk about more precised contexts and give us real concrete ideas. Nevertheless, research about participation and dialogue analyzes either cases of natural resources management (e.g. water or forests management) or city planning. There is however a less studied activity which touches all the characteristics of a territory: tourism. Few texts (mainly about solidarity or responsible tourism) are dedicated to the analysis of the importance of participatory development in the sector. We propose a general study of this kind of development in tourism in order to understand complex relations between population, decision-makers, other actors, projects, territory and tourists. Even if we get inspired by cases of participatory development in other fields, there will always be a large margin of difference between them and tourism. That is why we believe that more specific analyses of participatory development in tourism must be drawn in parallel. These analyses try firstly to understand in which ways this kind of development is important to a sustainable evolution of tourism. In this way, later on the study it is possible to determine the pertinent levels of participation and how to employ them. This work has an explorative character and seeks to develop a theoretical understanding of citizen participation role(s) in touristic decision-making and projects. Even though the study should be considered as explorative rather than comparative, our ambition is to make some comparative notes by the end of it. The initial research problem motivating this study concerns the need of involvement of inhabitants in local touristic politics and ...

This research is at the intersection of aesthetics, arts, and information and communication sciences. My initial hypothesis was based on the contribution of Godard's work to multidisciplinary research. As a filmmaker, critic, theoretician, video producer, archivist and television director, Jean-Luc Godard is the author of a metamorphic work, which radically redefined the boundaries of cinema. Godard challenged the hegemonic ambition of current technologies and, at the same time, integrated them in an experimental film practice. Thus, he has developed a pensée en actes filmiques, without breaking with current times. The montage at the foundation of Godard's creation, and also expressed in his discourses, has created a space in which the contrary confluence of discursive, visual and acoustic signs – stemming as much from the vast field of literary, philosophical, musical, cinematographic, classical and modern artistic culture as from contemporary artefact production – and leads the viewer to break with his habits. Godard's montage has questioned the future of communication by image and word, and has offered an aesthetic concept to the domination of the visual. My thesis was based on discourse and image analysis, paying a close attention to the films produced by Godard during and following the conception of Histoire(s) du cinema (1988-1998). Since the 1990s, Godard's film practice has become that of an essayist and a writer of multimedia. The principle of re-use has been at the very foundation of Godard's films. By exploiting this, I analysed the filmmaker's fragments and quotes. I used a comparative and multidisciplinary approach which allowed me to embrace several picture, artwork and language theories, all of them being critical points of view to think about the potentials of communicating by audiovisual creation. Godard, as a paradoxical player of the end of cinema, redefined the film's devoir-être, i.e. an imperative short-circuiting of early film theory (Epstein, Faure), of Merleau-Ponty's phenomenology and ...

The aim of the thesis consists of wondering how companies lead their legal politics to get a global performance. In other words, it will be advisable to demonstrate that environmental regulations and voluntary environmental standards which companies and States try to conform, can improve at the same time their environmental protection, their competitiveness, and to a lesser extent their social performance. This environmental compliance has taken a particular development since the big economic phenomena led by the globalization. The globalization is characterized since the 1970s by the advent of an opened market economy in which companies circulate freely from a country to another. This economy is particularly based on free trade of properties, services, technologies, capital, as well as on free circulation of companies themselves. But globalization had led to a serious environmental degradation. In order to meet these challenges as operationally as possible, countries have put regulations and voluntary standards with a view to regulating firms' activities, that form the basis of a environmental compliance legal policy undertaken by these companies. These companies are trying to adapt to those legal mechanisms in order to better protect the environment, but also to become more competitive. ; Cette étude porte sur la conformité environnementale, une politique juridique au service de la performance globale de l'entreprise. Il s'agira de démontrer que les réglementations environnementales et les normes environnementales volontaires auxquelles tentent de se conformer les entreprises et les États, peuvent améliorer à la fois leur protection de l'environnement, leur compétitivité, et dans une certaine mesure leur performance sociale. Cette conformité environnementale a pris un essor particulier depuis les grands phénomènes économiques induits par la mondialisation. La mondialisation se caractérise depuis les années 1970 par l'avènement d'une économie de marché ouverte dans laquelle les entreprises circulent librement ...

This thesis studies the design and evolution of the risk regulation regime of nuclear safety in France between 1945 and 2017. Based on the concept of "risk regulation regimes" (Hood et al, 2001), we propose a model that identifies three periods, corresponding to three types of "philosophies". During the first period (1945-1969), an embryonic regulatory regime developed within CEA is characterized by "experimentation and autocontrol". The second period of "reasonable flexibility" (1969-1986) is marked by an institutional reorganization but leaves many room for maneuver to experts and operators, in a context of intensive industrial development. Finally, during the third period (1986-2017), a regime "in search of auditability" is the product of hybridization between the regime of "reasonable flexibility" and a standardized regime responding to international good practice (openness, transparency, and regulator's and expert's independence). To explain the evolution of the regime, we focus on one of its components, the rules, which we analyze as regulatory instruments, and we describe as "regulatory work" all activities and interactions of a group of agents who act to design, transform and implement these instruments (for our case, flooding rules and guides). We argue that regulatory work is at the same time cognitive, political, social and organizational, and, beyond producing an instrument, it results in exploring evolutions of the regulation regime, while building both the knowledge mobilized in regulatory instruments and interorganizational collective that shares them. This process would explain the relative slowness of the ongoing hybridization process. ; Cette thèse étudie la conception et l'évolution du régime de régulation de la sûreté nucléaire en France entre 1945 et 2017. En nous appuyant sur le concept de régime de régulation (Hood et al, 2001), nous avons proposé une modélisation qui permet d'identifier trois périodes, correspondant à trois « philosophies » : la première (19451969) voit la formation d'un ...

Local production of edible oils in the WAEMU's countries is no longer a credible defense line against imports. This reality contrasts with the objectives of agriculture policy and WAEMU's Common External Tariff (CET) which are supposed to protect Community production. Thus, under the light of the economic literature and based on empirical data, we used simultaneous equations for each country of WAEMU, panel data and gravity equations with panel data to determine the impact of trade liberalization on supply of edible oils in WAEMU's countries.The results obtained converge towards the same conclusion: the confrontation of objectives of protecting local production and trade openness policy with the coherence's tests reveals some inconsistencies and contradictions. Thus, WAEMU fails to reconcile the Union's trade openness objectives with the protection objectives of edible oils producers. Trade liberalization policies have tended to favor a disintegration of the productive structure and disruption of trade architecture. Thus, the supply of edible oils shows two contradictory reactions with regard to the trade liberalization within the WAEMU's countries: a depressive reaction displayed by the production and an explosive reaction displayed by the imports which are attracted by re-export rents. However, these rents are mirages that reserve destructive economic implications with the adoption of ECOWAS'CET. ; La production locale des huiles alimentaires ne constitue plus une ligne de défense crédible face aux importations dans les pays de l'UEMOA. Cette réalité contraste avec les objectifs de la politique agricole et du tarif extérieur commun (TEC) de l'UEMOA censés protéger la production communautaire. Ainsi, sous l'éclairage de la littérature économique et en se basant sur des données empiriques, nous avons utilisé les équations simultanées par pays de l'UEMOA, les équations des données de panel et les équations gravitationnelles en données de panel pour déterminer l'impact de la libéralisation commerciale sur l'offre ...

The late 2016 case of the Facebook content moderation controversy over the infamous Vietnam-era photo, "The Terror of War," is examined in this paper for both its specifics, as well as a mechanism to engage in a larger discussion of the politics and economics of the content moderation of user-generated content. In the context of mainstream commercial social media platforms, obfuscation and secrecy work together to form an operating logic of opacity, a term and concept introduced in this paper. The lack of clarity around platform policies, procedures and the values that inform them lead users to wildly different interpretations of the user experience on the same site, resulting in confusion in no small part by the platforms' own design. Platforms operationalize their content moderation practices under a complex web of nebulous rules and procedural opacity, while governments and other actors clamor for tighter controls on some material, and other members of civil society demand greater freedoms for online expression. Few parties acknowledge the fact that mainstream social media platforms are already highly regulated, albeit rarely in such a way that can be satisfactory to all. The final turn in the paper connects the functions of the commercial content moderation process on social media platforms like Facebook to their output, being either the content that appears on a site, or content that is rescinded: digital detritus. While meaning and intent of user-generated content may often be imagined to be the most important factors by which content is evaluated for a site, this paper argues that its value to the platform as a potentially revenue-generating commodity is actually the key criterion and the one to which all moderation decisions are ultimately reduced. The result is commercialized online spaces that have far less to offer in terms of political and democratic challenge to the status quo and which, in fact, may serve to reify and consolidate power rather than confront it.

This dissertation examines how individuals and groups in Timor, including Timor's State, have been engaging with, talking about, commemorating, and creating historical narratives of the brutal 24-year Indonesian occupation of Timor from 1975-1999. While the dissertation begins with an examination of remembrance of Indonesian rule in Timor's immediate post-independence period, as conducted by Timor's truth commission (the CAVR), its focus is on the "post-transitional justice period" following the end of the CAVR's formal operations in 2005, and continuing to the present day. It focuses most specifically on the period from 2011-2012. I argue that there has been a shift in Timor's post-independence period from a CAVR-sponsored narrative of the past focused on human rights violations and suffering victims, to a narrative focused on Timor's struggle for independence from Indonesia and the veterans or heroes of that struggle. The dissertation explores how this narrative, which involves the allocation of various benefits to those deemed veterans, has been promoted or embraced by various actors in Timor for different purposes. Among other things, Timor's political leaders, who themselves are mostly veterans, have promoted a narrative of past resistance to Indonesian rule in order to maintain personal political power. The dissertation examines how the CAVR's previously dominant narrative of victims and veterans has come to be largely displaced from Timor's public sphere. I argue that a victim-veteran binary has developed in Timor, in which the victim has come to be defined in negative relation to the veteran as one who did not resist Indonesian rule and is devalued accordingly. At the same time, I show how the superficial displacement of an official narrative of victimhood and human rights by a heroic narrative of veteranhood in post-independence Timor, belies the fact that certain values of human rights and transitional justice have been incorporated into attempts to define veteranhood and to determine who are the most heroic Timorese.