La Cour internationale de justice et la problématique des droits de l'homme

B- METHODOLOGY

1- Method of analysis

The methodological process that we chose in the development of this work is the research-action. This method is not a simple methodological misadventure of traditional sociology, it expresses on the contrary a true transformation in the manner of conceiving and of making research in social sciences. It is a research inside which there is an action deliberated on the transformation of reality, but more especially to produce knowledge to carry out these transformations.

The research-action can be defined with Benoît GAUTHIER like « a method of research, which makes the actor enquiring, and who directs research towards the action and which brings back the action towards the considerations of research »^37(*). On the other hand, Louis LEWIN defines research action « while referring to three components, namely research, the formation and the action »^38(*). The research-action leads to a new inscription of the researcher in the company, by the recognition of one competence in the search of expert of the social one. Accordingly, it agrees to enquérir place of the man in nature and the action organized to give him direction. It is defined then in his relationship with the complexity of the human life taken in its dynamic totality and does not deny oneself in front of the relation unknown which the finitude of any existence discovers to him.

The research-action integrates in its logic theoretical specificities of sciences anthroposociales and the various systems of sensitivities and intelligibility suggested by the cultures of the world. Accordingly, the researcher cannot be defined any more simply as a sociologist or a social psychologist. In its practice, he is a sometimes sociologist, social psychologist, philosophical, historian, economist, inventor or militant. He discovers the areas of the knowledge of a thought galiléenne accepted in his meaning plenitude. The researcher plays a professional part in dialectical which unceasingly articulates the implication and the distance, affectivity and rationality, symbolism and the imaginary one, the mediation and the challenge, science and art, trainer and trained. The researcher is neither agent, of an institution, neither an actor of an organization, nor an individual without social membership, on the other hand it accepts these various roles at certain times of its action and its reflection. It is at the same time autonomous and an actor of its practice and its speech.

This method of research-action will enable us to plan in a clear way without anything to leave randomly, all the legal implications which rise from the role of the International Court of Justice as regards the humans right, in order to give place to a thorough study of the intervention of the International Court of Justice.

* ³⁷ B. GAUTHIER,  «  Social research  », ED. Press University of Quebec, Quebec, 1987, p. 464.

* ³⁸ L. LEWIN,  «  Seek Action and consultation in public management, Module I  : What R A  ?  », in Guide of the expert to the professional training scheme in public management, Flight. III, December 1993.