R. Beaumont, Paul Keywords: Europe | Children | Abduction | European Union | Court of Justice of the European Communities | Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980) | Case-law | Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 [Brussels, 27 November 2003] | Charter of Fundamental Rights of the European Union | Council of Europe | European Court o…

ABSTRACT Reflections on the realization of justice are much needed in the era of contemporary international tribunals, given the significant role they play now facing new challenges, with the recent restrictions unduly imposed upon the United Nations Organization itself. International jurisdiction has lately expanded with the operation of international tribunals, protecting vulnerable persons in distinct domains of international law, and seeking to face new needs in their jurisprudential construc…

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 …

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…

K. ROOSEVELT III [p203] BIOGRAPHICAL NOTE [p206] Kermit Roosevelt III was born on 14 July 1971, in Washington, DC, United States. He is the David Berger Professor for the Administration of Justice at the University of Pennsylvania Carey School of Law. He works in a diverse range of fields, focusing on constitutional law and conflict of laws. He has published scholarly books in both fields. Conflict of Laws (Foundation Press, 2010) offers an accessible analytical overview of the conflict of laws. The Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Pr…

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…

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…

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…

Gray, Christine Keywords: Afghanistan | Iraq | Self-defence | Targeted killings | Use of force | Intervention | Responsibility to protect | Humanitarian intervention | Mots clefs: ABSTRACT This course starts by pointing out that some scholars are in favor of a widened use of force. The first chapter is dedicated to the use of force under self-defense, and through many examples shows the limits and the exceptions of the self-defense doctrine in international law. A second chapter is dedicated to the situations of targeted k…

Dugard, John Keywords: Kosovo | Secession | Right of self-determination | Recognition of States | Territorial integrity of States | State Practice | International Court of Justice | Advisory opinions | Mots clefs: ABSTRACT This course, given by John Dugard, is regarding secession and its recognition by looking at the theory, and at the Kosovo case. In the introduction, is drawn the law of succession, and especially the principal rules concerning creation and secession of states, as well as the policy impact. After a short histor…

Boele-Woelki, Katharina Keywords: Family law | Private international law | Choice of law | Unification of law | Law of contracts | Model law | Legal principles | Conventions | Directives | International law and domestic law | Mots clefs: ABSTRACT Traditionally, conflict of law rules designate only national substantive law as the applicable law. Many unifying and harmonizing substantive law instruments of both States and non-State organizations, however, are designed specifically for application to cross-border relationships. Achieving …

Ortiz Ahlf, Loretta Keywords: Illegal immigrants | Immigration | Migration | Human rights | International law | Mots clefs: ABSTRACT After a short introduction explaining the actual state of undocumented migrants in the world, the course starts defining what an undocumented migrant in an irregular situation is. The main international human rights laws that apply are studied next by a text per text approach. The most frequently violated human rights in the case of migrants are then analyzed. Finally, a study display…

Brown Weiss, Edith Keywords: International watercourses | Water | Shared natural resources | Conventions | Convention on the Law of the Non-Navigational Uses of International Watercourses (New York, 21 May 1997) | International dispute settlement | Human rights | International trade | World Trade Organization | General Agreement on Tariffs and Trade | International trade | Mots clefs: Cours d'eau internationaux | Eau | Ressources naturelles partagées | conventions | Convention sur le droit relatif aux utilisations des cours d'eau internationaux à des fins autres q…

Hafner, Gerhard Keywords: Individuals | Subjects of international law | International law | Mots clefs: ABSTRACT By starting with an historical overview, the class looks into the position of the individual in international relations and international law. The development of an individual oriented approach in international law is linked to the emergence of democracy and accountability. After that, the issues related to legal duties imposed to individuals are studied, leading to a discussion on international crim…

M. J. A. OYARZÁBAL [p131] BIOGRAPHICAL NOTE Mario J. A. Oyarzábal, born in Azul, Argentina, in 1969.[p136] Procurador (1990), Abogado (1991) and Escribano (1992), University of La Plata. Argentine Foreign Service Institute (1995-1996). LLM, Harvard Law School (2005). Adjunct Professor at the University of La Plata Law School (since 1995). Associate Professor at the University of Buenos Aires Law School (2008-2010). Lecturer at The Hague Academy of International Law, External Program, Buenos Aires (2012). The Legal Adviser to the Argentine Ministry of Foreign Affairs (…

E. Villiger, Mark Keywords: Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Legal history | International customary law | Law of treaties | Public international law | Mots clefs: Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | Histoire du droit | Droit coutumier international | Droit des traités | Droit international public | ABSTRACT The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This course analyses how the Convention has been applied by …

T. M. YEO [p11] BIOGRAPHICAL NOTE [p14] Tiong Min Yeo was born in Singapore on 26 June 1965. He studied law at the National University of Singapore (LLB, 1990) and the University of Oxford (BCL, 1992; DPhil, 2002). He was a Senior Research Fellow at the University of Oxford (1998-2000). He taught at the National University of Singapore from 1990 (where he held various positions, including Sub-Dean and Chief Editor of the Singapore Journal of Legal Studies) until 2007, when he was appointed Yong Pung How Professor of Law at the Singapore Management University, where he a…

Iwasawa, Yuji Keywords: International law and national law | International law | Domestic law | Direct effect | Implementation | Mots clefs: ABSTRACT In this course, the author examines the theoretical and practical problems involved in the application of international law in domestic law. A special focus is given to the concept of the direct applicability or self-executing character of international law in domestic law. The doctrine of self-executing treaties in the United States is first examined, followed by the di…

Hongju Koh, Harold ABSTRACT Is there still one international law and does the United States of America really believe in it? This lecture inaugurating the Hague Academy’s first Winter Session, by an American scholar who served as US State Department Legal Adviser, argues that Americans do believe in international law as part of their nation’s founding credo. Although recent US administrations have challenged 21st century international law, most American lawyers and legal scholars remain committed to…

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…