Collected Courses of the Hague Academy of International Law

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The Taking of Property by the State: Recent Developments in International Law (Volume 176)

(51,008 words)

Author(s): Higgins, Rosalyn
Higgins, Rosalyn Keywords: Expropriation | International law | Mots clefs: Expropriation et nationalisation | Droit international | ABSTRACT In this course, Rosalyn Higgins explores recent developments (during writing of the course) in intHiggins, Rosalyn

Reactions by Not Directly Affected States to Breaches of Public International Law (Volume 248)

(34,913 words)

Author(s): A. Frowein, Jochen
A. Frowein, Jochen Keywords: Public international law | Ius cogens | Multilateral treaties | Mots clefs: Droit international public | Jus cogens | Traités multilatéraux | ABSTRACT This course by Jochen Frowein, directeur of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, is devoted to an issue that has become increasingly prominent in the past decades. Until about 1970 it was agreed that international law, as far as violations …

Is International Law Threatened by Multiple International Tribunals ? (Volume 271)

(113,314 words)

Author(s): I. Charney, Jonathan
I. Charney, Jonathan Keywords: International courts | Public international law | Mots clefs: Tribunaux internationaux | Droit international public | ABSTRACT In this course, Jonathan I. Charney, Professor at Vanderbilt University, Nashville wonders if the coherence of international law is threatened by the increasing number of international tribunals. Professor Charney endeavours to answer this question by investigating various themes: treaty interpretation and reservations, sources of international law, State respo…

Bilateral Agreements Concluded by the European Community (Volume 309)

(125,047 words)

Author(s): Maresceau, Marc
Maresceau, Marc Keywords: European Union | Bilateral agreements | Law on conclusion of international treaties | Treaties | Mots clefs: Union européenne | Accords bilatéraux | Droit de conclure des traités | Traités | ABSTRACT Marc Maresceau, professor at Ghent University and the University of Brussels, clarifies that he does not want to provide a theory of European Community treaty-making in his course, but that he aims to offer a basic insight into what is now a well-established but complex practice regarding bilateral agreement…

International Liability for the Injurious Consequences of Acts Not Prohibited by International Law and Protection of the Environment (Volume 247)

(35,638 words)

Author(s): Barboza, Julio
Barboza, Julio Keywords: Environmental protection | Environmental pollution | Environmental damage | Accountability | Transboundary pollution | State responsibility | Civil liability | Mots clefs: Responsabilité | Pollution transfrontière | Protection de la nature et de l environnement | ABSTRACT Customary international law on liability for the injurious consequences of acts not prohibited by international law is not fully developed. In this course, the author considers the relationship between liability and the international law of e…

The Conflict of Laws of Contracts General Principles (Volume 189)

(88,967 words)

Author(s): Lando, Ole
Lando, Ole Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT Ole Lando, Professor at the Institute for European Market Law in Copenhagen, points out in the introduction to his course that all contracts are governed by law. The purpose of Professor Lando’s course is to determine which law is applicable. The author intends to report on the conflict of laws as it appears in the most representative legal systems, namely…

The Evolution of the Law of International Watercourses (Volume 426)

(115,651 words)

Author(s): Mccaffrey, Stephen C.
S. C. McCAFFREY [p243] BIOGRAPHICAL NOTE Stephen C. McCaffrey, born 21 January 1945, in San Mateo, California, USA.[p247] Carol Olson Endowed Professor of International Law at the University of the Pacific, McGeorge School of Law in Sacramento, California. BA degree from the University of Colorado (1967), JD degree from the University of California, Berkeley (1971), Dr. iur. degree from the University of Cologne (1974). 2017 Laureate of the Stockholm Water Prize, presented by the King of Sweden. Two terms on the …

Significance of the History of the Law of Nations in Europe and East Asia (Volume 371)

(67,740 words)

Author(s): Yanagihara, Masaharu
Yanagihara, Masaharu Keywords: Europe | East Asia | Public international law | International law | History of international law | Universalism | Mots clefs: ABSTRACT The purpose of this course is to show the critical importance of historical viewpoint on international law in Europe and East Asia. Thus, the beginning aims to understand whether international law is really a concept unique to the European States in pre-modern and modern times, as it was often assumed for a long time. It appears that many countries had anot…

The Role of the Organization of American States in the Promotion and Protection of Democratic Governance (Volume 273)

(45,941 words)

Author(s): Caminos, Hugo
Caminos, Hugo Keywords: Organization of American States | Democracy | Human rights | Intervention | Mots clefs: Organisation des Etats américains | Démocratie | Droits de l'homme | Intervention | ABSTRACT The question of the international standards of legitimacy of government is attracting the attention of legal scholars. In this course, the author explains the concept of distinguishing between the promotion and protection of democratic governance. He examines the question of representative democracy in the Organization of Am…

The System of Reparations in the Jurisprudence of the Inter-American Court of Human Rights (Volume 392)

(88,054 words)

Author(s): Novak, Fabián
Novak, Fabián Keywords: Human rights | Americas ABSTRACT The Inter-American Court of Human Rights has both contentious and advisory jurisdiction. In this course, Fabián Novak first presents a general overview of the Court tracing its origins to the idea formed at the Inter-American Conference on Problems of War and Peace, Chapultepec, February 1945. The author discusses the general aspects of reparations in international law in the context of the obligation to make reparations as a basic principle of th…

The Role of Judicial Procedures in the Process of the Pacific Settlement of International Disputes (Volume 346)

(171,361 words)

Author(s): Kawano, Mariko
Kawano, Mariko Keywords: International Court of Justice | Judicial settlement of international disputes | Procedure | Jurisdiction | International community | Public interest | Pacific settlement of disputes | Development of international law | Mots clefs: ABSTRACT The course of Ms. Mariko Kawano, Professor of Waseda University in Tokyo, is devoted to the role of judicial proceedings in the peaceful settlement of disputes. The main objective of the course is to examine the different types of roles that the International Court of Ju…

The Legal Position in International Law of Heads of States, Heads of Governments and Foreign Ministers (Volume 247)

(47,735 words)

Author(s): Arthur Watts, KCMG, QC, Sir
Arthur Watts, KCMG, QC, Sir Keywords: Heads of State and Heads of government | Public international law | Mots clefs: Chefs d Etats | Droit international public | ABSTRACT Arthur Watts, barrister and international arbitrator, proposes in this course a systematic study of the legal position of Heads of States, heads of governments and foreign ministers with respect to international law. He draws attention first of all to the status of Heads of States, to different constitutional forms and titles, moving on to talk about the …

Facultative Choice of Law The Procedural Status of Choice-of-Law Rules and Foreign Law (Volume 257)

(87,352 words)

Author(s): M. De Boer, Th.
M. De Boer, Th. Keywords: Choice of law | Private international law | Mots clefs: Choix de la loi applicable | Droit international privé | ABSTRACT In this course, the author deals with the doctrine of “optional” or “facultative choice of law.” This doctrine touches upon a great many topics, ranging from the role of the court in civil litigation to the relation between treaties and national law, from the function of private international law to the task of supreme courts, and from the nature of mandatory law to the statu…

Techniques of International Law (Volume 246)

(59,300 words)

Author(s): Riphagen, †W.
Riphagen, †W. Keywords: Methodology | Public international law | Mots clefs: Méthodologie | Droit international public | ABSTRACT W. Riphagen, Professor Emeritus of the Erasmus University of Rotterdam, proposes in this course to build up a scientific modelization of the techniques applied in international law. The following topics are dealt with successively: modelization of techniques; similar problems and solutions within domestic law; interpenetration of international law and domestic law; the branches of ius …

The Expansion of International Law (Volume 398)

(159,035 words)

Author(s): Treves, Tullio
Treves, Tullio Keywords: Public international law [p11] Treves, Tullio BIOGRAPHICAL NOTE [p19] Tullio Treves, born in Tucuman (Argentina) in 1942 from Italian parents. Citizen of Italy and Argentina, he lives in Italy. Degree in Law, University of Milan (1964). “Libera docenza” in international law (1969). Doctor honoris causae, Universidad Tecnológica del Peru. Lecturer of International Law at the University of Pavia (1969-1971). Lecturer and, since 1972, Professor at the University of Sassari (dean, 1973-1974). Professor at the University of Tu…

International Protection of the Environment (Volume 293)

(189,306 words)

Author(s): A. Fitzmaurice, Malgosia
A. Fitzmaurice, Malgosia Keywords: Environmental protection | International environmental law | Environmental damage | Accountability | Judicial settlement of international disputes | Non-compliance | Mots clefs: Protection de la nature et de l environnement | ABSTRACT International environmental law is part and parcel of international law and it should be viewed from that perspective, according to Professor Fitzmaurice, Professor at Queen Mary College at the University of London. Certain features of international environmental la…

Extraterritorial Enforcement of Regulatory Laws (Volume 401)

(43,486 words)

Author(s): Wood, Diane P.
Keywords: Extraterritoriality, immunities from jurisdiction | Economic and financial relations [p11] BIOGRAPHICAL NOTE [p14] Diane P. Wood, born on 4 July 1950, Plainfield, NJ, United States. Chief Judge of the United States Court of Appeals for the Seventh Circuit and a Senior Lecturer in Law at the University of Chicago Law School. Attended the University of Texas at Austin, earning her B.A. in 1971 (highest honors), and her J.D. in 1975 (Order of the Coif). Clerked for Judge Irving L. Goldberg on the US Court of Appeals for the Fifth Circuit (1975-1976), and for Jus…

The Law of Global Governance (Volume 368)

(88,555 words)

Author(s): Benvenisti, Eyal
Benvenisti, Eyal Keywords: Global governance | International organizations | International administrative law | Human rights | Decision-making | Sovereignty | International law | Mots clefs: ABSTRACT This course aims to have a broad understanding of global governance, and starts, after a short introduction, by explaining the emergence of global governance and the corresponding need to regulate it. Therefore, the normative basis for regulation of global governance is studied, first the ultra vires doctrine, then human rig…

Pollution of International Rivers (Volume 186)

(32,683 words)

Author(s): Sette-Camara, José
Sette-Camara, José Keywords: International watercourses | Water pollution | Water | Shared natural resources | Mots clefs: C2001b | ABSTRACT J. Sette-Camara, Vice-President of the International Court of Justice, devotes his course to the pollution of international rivers. After the description of water, rivers, and international rivers, the author makes a presentation about the pollution. He then takes into account the growing awareness of environmental problems, successively studies the international law and inter…
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