Bibliographie sélective OHADA

For the past twenty years, international commercial arbitration scholarship has mainly focusedon the private dimension of international arbitration. Part of a greater movement toward the privatization of justice and law, this understanding of the discipline has obscured arbitrators'adjudicative role. By reflecting on different adjudicative models and by analyzing the form andcontent of arbitral decisions, new light can be shed on our understanding of international commercial arbitration.

This thesis critically assesses the effectiveness of WTO legal rules in the regulation of international trade in petroleum and highlights potential conflicts between competing resources of energy from the WTO regime’s perspective. The theoretical framework of the thesis is built on the concepts used in natural resource economics, trade theories and international relations. On the basis of Hotelling’s rule of natural resource economics, it proposes a model that reconciles the use of petroleum and the development of renewable sources of energy in the power generation sector, which prospectively can be adopted with respect to the transport sector and other sectors involving energy use. The proposed model may improve global sustainable development. However, it is argued that WTO rules are not properly designed to regulate trade in petroleum and, if applied without due respect to specific issues pertaining to the petroleum industry, would obstruct the achievement of the social optimum, and detrimentally affect the national economies of WTO members and global welfare in general. To improve the WTO system, I propose a reformation of its normative ideology through the introduction of the strategic trade policy theory in complement to the neoclassical theory of trade, at least when trade in energy is concerned. On the basis of the study of the applicability of WTO rules to trade in petroleum and a review of proposals put forward by other scholars to improve the regulation of trade in energy, it is argued that the most effective way to improve the trading regime is to negotiate a new general agreement on trade in energy.The role of the WTO in the regulation of trade in energy is analyzed through a regime management theory borrowed from international relations studies. It is argued that the WTO as a regime manager is capable of improving the regime by properly maintaining the existing equilibrium and by initiating, and leading in negotiations of a new equilibrium.

Part I of this work focuses on the ways in which digitization projects can affect fundamental justice principles. It examines claims that technology will improve justice system efficiency and offers a model for evaluating e-justice systems that incorporates a broader range of justice system values. The emphasis is on the complicated relationship between privacy and transparency in making court records and decisions available online.Part II examines the implementation of technologies in the justice system and the challenges it comes with, focusing on four different technologies: online court information systems, e-filing, videoconferencing, and tablets for presentation and review of evidence by jurors. The authors share a measuring enthusiasm for technological advances in the courts, emphasizing that these technologies should be implemented with care to ensure the best possible outcome for access to a fair and effective justice system.Finally, Part III adopts the standpoints of sociology, political theory and legal theory to explore the complex web of values, norms, and practices that support our systems of justice, the reasons for their well-established resistance to change, and the avenues and prospects of eAccess. The chapters in this section provide a unique and valuable framework for thinking with the required sophistication about legal change.Published in English.