Collected Courses of the Hague Academy of International Law

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The Influence of the International Sale of Goods Convention on Domestic Law Including Conflict of Laws (with Specific Reference to Russian Law) (Volume 342)

(22,432 words)

Author(s): Musin, Valeriy
Musin, Valeriy Keywords: Russian Federation | Sale | International contracts | Private international law | United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) | International law and domestic law | Mots clefs: ABSTRACT The course of lectures deals with Russian civil law norms regulating sales contract as compared with relevant rules of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980). The author shows that Russian norms are quite consistent with those of t…

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 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 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…

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…

Unifying and Harmonizing Substantive Law and the Role of Conflict of Laws (Volume 340)

(72,787 words)

Author(s): Boele-Woelki, Katharina
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 …

Forum Shopping Despite Unification of Law (Volume 413)

(284,160 words)

Author(s): Ferrari, Franco
Ferrari, Franco ABSTRACT It has often been suggested that forum shopping is “evil” and needs to be eradicated. And it is in this context that one must understand statements by commentators to the effect that the unification of substantive law through international conventions constitutes one way to reach this result. These lectures show not only that the qualification of forum shopping as something that is deplorable is outdated, that the negative attitude vis—à—vis forum shopping seems grounded o…

International Law of Nuclear Non-Proliferation and Disarmament (Volume 424)

(627,992 words)

Author(s): Asada, Masahiko
M. ASADA [p11] BIOGRAPHICAL NOTE [p21] Masahiko Asada, born in Hofu, Yamaguchi, Japan, on 21 January 1958. Studied at Kyoto University Faculty of Law and Graduate School of Law, receiving LLB (1981), LLM (1983) and LLD (2016); Associate Professor at Okayama University Faculty of Law (1989); Professor at Okayama University Faculty of Law (1996); Professor at Kyoto University Graduate School of Law (1999); Vice Dean at Kyoto University Graduate School of Law (2017–2019); Professor at Doshisha University Faculty of Law and Professor Emeritus at Kyoto University (since 2021). Senior As…

A Defense of Currie’s Governmental Interest Analysis (Volume 215)

(70,004 words)

Author(s): Hill Kay, Herma
Hill Kay, Herma Keywords: United States of America | Jurisconsults | Conflict of laws | Doctrines | Mots clefs: Etats-Unis d’Amérique | Juristes | Droit interrégional | Doctrines | ABSTRACT Herma Hill Kay, Professor at the University of California at Berkeley, devotes her course to a defense of Brainerd Currie’s approach to the determination of applicable law in private international law, as he developed it between 1958 and 1965, and called it governmental interest analysis. After a presentation of the historical context of …

Legal Fictions in the Language of International Arbitration (Volume 425)

(101,074 words)

Author(s): Silva Romero, Eduardo
B. M. METOU [p297] BIOGRAPHICAL NOTE [p300] Eduardo Silva Romero, born 2 August 1971, in Bogotá, Colombia. Studied Law at Rosario University in Bogotá; Private International Law and Philosophy of Law at Panthéon-Assas (Paris II) University; PhD from Panthéon-Assas (Paris II) University (2000) (Thesis: Philosophes du langage et droit). Professor of International Law at Rosario University since 2005; Emeritus Professor of Law at Rosario University since 2019; Lecturer of Arbitration Law at Paris-Dauphine University since 2003; Lecturer of Intern…

The Law of Open Societies – Private Ordering and Public Regulation of International Relations General Course on Private International Law (Volume 360)

(204,883 words)

Author(s): Basedow, Jürgen
Basedow, Jürgen Keywords: Private international law | Conflict of laws | Development of international law | Globalization | Mots clefs: ABSTRACT This course looks into private international law from a new perceptive, by first focusing on the actor of international areas, private as public and what are their common point. The goal is to understand how closed nation-States, by globalization, showed an evolution leading to open society. After that, different form of private ordering intended to reduce the risk of inter…

The Influence of Public International Law upon Private International Law in History and Theory and in the Formation and Application of the Law (Volume 428)

(328,969 words)

Author(s): Oyarzábal, Mario J. A.
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 (…

Intellectual Property: Cross-Border Recognition of Rights and National Development (Volume 372)

(22,746 words)

Author(s): Sinjela, Mpazi
Sinjela, Mpazi Keywords: Developing countries | Patents | Trademarks | Copyright law | New varieties of plants | Traditional knowledge | Intellectual property | International trade | Foreign direct investment | Economic development | Mots clefs: ABSTRACT Intellectual property, through its different branches, is a promoter of wealth creation for national development, especially for developing countries. Intellectual property is to be understood as a tool for all kinds of development and an important tool for the acquisition of techn…

Radiating Impact of WTO on Its Members’ Legal System: The Chinese Perspective (Volume 349)

(98,701 words)

Author(s): Wang, Guiguo
Wang, Guiguo Keywords: China | World Trade Organization | International obligations | International law and domestic law | Compliance | GATS Agreement (Marrakesh, 15 April 1994) | Services | International trade | TRIPS Agreement (Marrakesh, 15 April 1994) | Intellectual property | Mots clefs: ABSTRACT The World Trade Organization (“WTO”) resulted from globalization, through which national law provisions are internationalized and international norms are domesticated. The WTO does not permit reservation by its members who are obliged to ensu…

International Case Law in the Development of International Law (Volume 382)

(91,741 words)

Author(s): Bing Jia, Bing
Bing Jia, Bing Keywords: Development of international law | International law | International law and national law | Case-law | Stare decisis | Doctrines | Sources of law | Mots clefs: ABSTRACT This course offers an understanding of the place of international case law, and thus of precedent, in international law. The notion of precedent in an international scope is looked at while discussing it in both municipal and international law. Article 38(1) of the ICJ and the roles played by the various sources mentioned in it are exam…

Chance, Order, Change: The Course Of International Law General Course On Public International Law (Volume 365)

(146,888 words)

Author(s): Crawford, James
Crawford, James Keywords: Public international law | Development of international law | International law | Mots clefs: ABSTRACT This course is given in order to put the light on unresolved problems of International Law. It is divided in three parts that each defend a position. First, that international law is law, second that there is an international legal system, and third, that there is or can and should be an international rule of law. The first part draws our interest on how States, institutions, practitioners and scholars address the problems of decentralized l…

The Emancipation of the Individual from the State under International Law (Volume 358)

(75,106 words)

Author(s): Hafner, Gerhard
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…
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