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Panorama du parcours doctoral en droit (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: At first glance, the conditions under which a doctoral thesis is written may appear to be secondary to its completion, but the question of the doctoral process is in fact of crucial importance. There are a number of obstacles to overcome: a limited number of thesis supervisors, an uncertain career plan, inherent pitfalls and uncertainty as to whether or not the thesis will be defended. In addition to the difficulty of securing tenure at a later date, these legal and factual factors must be taken into consideration before and during their thesis for all doctoral students in
Animals in the law: questioning the property / other-than-property duality (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: This article explores the tension between the legal status of animals as property and their growing recognition as sentient beings. It traces the evolution of legal and ethical thinking on animal issues, distinguishing between two waves of thought: the first, based on individual rights and liberal rationality, and the second, more inclusive and critical, incorporating feminist, ecologist and post-colonial approaches. The article proposes several avenues for reform, ranging from the recognition of animal legal personality to the creation of specific legal categories, but highlights the limits of these overly theoretical approaches. In practice, progress is best achieved through concrete legislative reforms (such as the French laws of 2021 or the Italian constitutional reform of 2022) and strategic litigation, aimed at enforcing or interpreting existing laws in favor of animals. In short, the article argues for a more pragmatic and coherent approach to animal protection, while calling for a move beyond traditi[...]
L’urgence dans les rouages du système de maintien de la paix et de la sécurité internationale (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: An armed aggression provoked by one of the permanent members of the Security Council, coupled with the subsequent arrest warrant issued by the International Criminal Court against his representative testify to a breakdown in the system of peacekeeping and collective security put in place in the UN Charter. Yet, this is not the first crisis in this system. Against threats to international peace and security, strategies for empowering, delegating and adapting powers have been developed. The notion of the “emergency” of the reaction acts as a driving force for the empowerment and the gradation of institutional powers, but also for their delegation to other bodies or subjects of international law. These systemic adaptations of the structure of the maintenance of international peace and security through the notion of emergency reveal its finalistic nature: emergency makes it possible to achieve the goal of maintaining peace and security by influencing the assessment of an act’s conformity with international
THE NEW PROJECT OF ACCESSION TO THE EUROPEAN CONVENTION OF HUMAN RIGHTS. INDIVIDUAL APPEAL AT THE EUROPEAN COURT OF HUMAN RIGHTS AND INTEGRATION OF EUROPEAN UNION LAW (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: The present paper aims to investigate the new project of accession to the European Convention of Human Rights. Interest is the individual appeal at the European Court of Human Rights and the autonomy of the law of the European Union. It is worth paying attention first of all to the aspects of the accession of the Union to the ECHR, as well as to the adaptation of the individual appeal procedure before the ECtHR. This is a discipline that aims to ensure the integration of the law of the European Union as well as to achieve the accession that leads to the effective strengthening of the protection of individual rights within the legal order of the Union. Also important is the aspect that reflects (and cannot be preliminary) the potential and limits the individual appeal procedure to a new draft agreement within the perspective of the autonomy of the law of the Union through the rank of constitutional
Ö temps, suspend ton vol ! réflexions sur la gestion du temps dans le parcours doctoral (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: This contribution starts with the observation that time management is a key to a successful PhD. Based on the author's own experience, it offers practical tips and theoritical reflections aiming at saving time in the course of researching and teaching. First, the article covers how to "gain time" through effective planning and the use of digital tools like Zotero to streamline research. As regards teaching, time can be saved by shifting from delivering lectures to adopting a more interactive, coaching role, or by using clear guidelines for grading. The second part of the article focuses on how to "use" the time saved. The author explains that by streamlining repetitive tasks, doctoral candidates can explore different research methods. Besides, article also stresses the importance of maintaining a balance between professional duties and personal well-being. Additionally, saving time opens up the possibility of getting involved in extracurricular activities, such as university governance or academic societie[...]
PRIVACY LEGAL RELATIONSHIPS (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: This work is aimed at initiating of discussion and developing a general theory of privacy law. The author suggests beginning with classification of legal relationships arising in privacy sphere, as a first step toward identifying the flaws in privacy rulemaking and law application. The relational theory of law, underlying this work, explains why each privacy legal relationship will take its own direction and will form an object in a unique way. The method used in this work is classification of legal relationships using the bases adopted from theory of civil law. The work identifies at least nine types of privacy legal relationships, interpret them, shows them as a correlated system, highlights the patterns of their existence and draws parallels between some institutions of civil law and privacy law. Also, the concept of legal relationships discovers many mysteries of theory privacy law and teaches us what is the object of subjective privacy right, what subjective obligations actually has a data controller an[...]
The Compensation of a Lost Opportunity (Sorbonne Student Law Review - Revue juridique des étudiants de la Sorbonne)
: A record-champion equestrian is on her way to a horse race. On the way, she is involved in an accident not caused by her. As a result of the accident, she cannot compete in the race. In civil liability law, it is general consensus that in this case the equestrian can claim the damage suffered - to her car, her horse, and any physical and even possibly mental injuries. But can she claim more than that? Does it make a difference that she was on the way to a race where she intended to compete (and possibly win)? Since 1889, in French civil liability law, a lost opportunity can constitute a compensable loss under the condition that the lost chance is of a direct and particular nature. As “the actual and certain disappearance of a favourable eventuality” in case law, French courts tend to consider a lost opportunity raised as a valid compensation claim, just as an actual loss suffered. This extensive understanding of a lost opportunity in French civil law is unique compared to other European systems, such as the [...]