Dinstein, Yoram Keywords: Treaties | International customary law | Law of treaties | Mots clefs: Traités | Droit coutumier international | Droit des traités | ABSTRACT Yoram Dinstein, Professor emeritus of the University of Tel Aviv, reminds us that Article 38 of the Statute of the International Court of Justice prescribes three strata – often referred to as "sources" – of international law. This study is confined to the interaction between two of those strata, namely treaties and customs, and does not deal with the gene…

J. Silberman, Linda Keywords: Children | Abduction | Treaties | Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980) | Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996) | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption [The hague, 29 May 1993] | Adoption | Private international law | Legal co-operation | Parental responsibilities | Mots clefs: Enfants | E…

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…

Sacerdoti, Giorgio Keywords: Foreign direct investment | Treaties | Mots clefs: Investissement | Traités | ABSTRACT In this course, Giorgio Sacerdoti examines and assesses the developments in bilateral treaties and recent initiatives as to multilateral instruments dealing with the promotion and protection of international investments. Investments from abroad have diversified in terms of type, sectors, and countries involved. These changes, in particular, have affected the role of developing countries as recipie…

Moulay Rchid, Abderrazak Keywords: Arab States | Children | Rights | Treaties | Islam | Islamic law | Mots clefs: Pays arabes | Enfants | Droits | Traités | Islam | ABSTRACT This course of Moulay Rchid, Professor at the University of Rabat, deals with the relation, the exchange, the ambiguity or the conflict between authenticity and modernity, between traditional Moslem law and positive law, between the law and the facts. The rights of the child in the international conventions and the solutions that have been adopted in the A…

Martiny, Dieter Keywords: Food | Private international law | Treaties | Mots clefs: Alimentation | Droit international privé | Traités | ABSTRACT Dieter Martiny, research associate at the Max Planck Institute in Hamburg, devotes this course to maintenance obligations in private international law. As Dieter Martiny explains in his course, the origins for these obligations can be found in family law. After introducing the system of maintenance obligations and its complexities, the author explains the historical develop…

Buergenthal, Thomas Keywords: Treaties | Direct effect | International law and domestic law | Mots clefs: Traités | Applicabilité directe | Droit international et droit interne | ABSTRACT In this course, the author focuses on the international law aspect of the concept of self-executing treaties. He does so by analyzing the international law rules that determine what obligations States have to implement treaties on the domestic plane and the extent to which States are required to allow individuals to invoke the specific pr…

Kamil Yasseen, Mustafa Keywords: Treaties | Interpretation | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Traités | Interprétation | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT Mustafa Kamil Yasseen begins his course on the Interpretation of Treaties under the Vienna Convention on the Law of Treaties, which has not yet entered into force at the time of writing this course, with a presentation of the general rule of interpretation, Article 31 of the Convention (good wil…

B. Sohn, Louis Keywords: Treaties | Interpretation | Judicial settlement of international disputes | Mots clefs: Traités | Interprétation | Règlement judiciaire des différends internationaux | ABSTRACT Louis Sohn, Professor at Harvard University, devotes his course to the settlement of disputes relating to the treaty interpretation and application. After an introduction in which he addresses, inter alia, the question of the Dispute Settlement Code for the Law of the Sea Convention, the author examines the history of compr…

Klafkowski, Alfons Keywords: WaPeace | Treaties | Mots clefs: Guerres | Paix | Traités | ABSTRACT In the introduction to his course, Alfons Klafkowski raises the following questions: principle-based technique of organizing peace and international security is increasingly linked to international law, how does the question of the end of the state of war arises in international law, is the question regulated, and if so how and by whom? In order to answer these questions, the author presents the concept of state of…

M. Ruda, J. Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT J. M. Ruda points out in the introduction to his course that the question of reservations to multilateral treaties has been one of the most controversial subjects of contemporary international law. The author aims in his course to show how the international law has to change for dealing with this issue, and aims to confirm that law is not and should never be an end in itself, but only a mode of regulating society or a com…

Sosniak, Mieczyslaw Keywords: Socialist countries | Civil law | International law | Treaties | Family law | Private international law | Mots clefs: Pays socialistes | Droit civil | Droit international | Traités | Droit de la famille | Droit international privé | ABSTRACT Since the objective of the Socialist States is to correlate and harmonize the principles of their legal relations, they have not, however, decided to harmonize all the principles in all the concerned countries, even though, on the ground of the Socialist bloc, many agreem…

Cahier, Philippe Keywords: Third states | Treaties | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Pays tiers | Traités | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT In many cases, argues Philippe Cahier, it is only seemingly that a treaty produces the effects with regard to third parties. In reality, the rights and obligations are the result of the application of a norm of general international law or the consent of the State when one examines the root of the problem. T…

T. Oliver, Covey Keywords: Federal states | Treaties | Enforcement | Mots clefs: Etats fédéraux | Traités | Exécution | ABSTRACT The subject of Covey T. Oliver`s course is the description and analysis of the public law of federal states with regard to the enforcement in domestic law of treaties in the light of the requirements and expectations of public international law and the practice of international relations. The author focuses on the importance of the enforcement of treaties by federal states, the essence of …

Capotorti, Francesco Keywords: Treaties | Extinction | Mots clefs: Traités | Extinction | ABSTRACT In order to examine the subject of Termination and Suspension of Treaties, Francesco Capotorti relies essentially on the rules of the Convention, without neglecting or indicating, gradually, in which relationship they exist with the unwritten ordinary-law arrangement, or taking into considering a few problems shelved by the Vienna invention. The author successively studies the general problems of termination and…

O. Elias, T. Keywords: Treaties | Legality | Mots clefs: Traités | Légalité | ABSTRACT T.O. Elias starts his course on the problems of the validity of treaties by an introductive study of the grounds of invalidity. He then studies the constitutional limitations to the power of making the treaties as well as a few specific internal restrictions. The author later focuses on the error and fraud and on corruption and coercion. He analyzes the legal procedure of settlement of disputes, and dedicates his last chapter to the consequences of the invalidity of treaties. T.O. Elias commence son co…

Valticos, Nicolas Keywords: International Labour Organization | International labour law | Treaties | International control | Labor | Mots clefs: Organisation internationale du travail | Droit international ouvrier | Traités | Contrôle international | Travail | ABSTRACT Head of the Department of International Labor Standards at the International Labor Office The examination of the system established for the control of application of international labor conventions presents a special interest for a series of reasons, writes Nicolas …

H. Van Hoogstraten, M. Keywords: Hague Conference on Private International Law | Private international law | Codification | Treaties | Mots clefs: Conférence de La Haye de droit international privé | Droit international privé | Codification | Traités | ABSTRACT The Hague Conference of Private International Law aims at working for the progressive unification of the rules of private international law (art. 1 of the Statute). Just like the other international organizations, the Conference seeks to accomplish its task by concluding intern…

Wolf, Francis Keywords: International labour law | Treaties | Labor | Mots clefs: Droit international ouvrier | Traités | Travail | ABSTRACT Using an example of International Labor conventions and the standards based on conventions as an attempt to demonstrate the importance of the principle of the interdependence of international instruments, the author successively examines: how do International Labor Conventions complement and integrate each other; how are other interested international organizations involved in t…

Berlia, G. Keywords: Interpretation | Treaties | Mots clefs: Interprétation | Traités | ABSTRACT The question of the interpretation of a legal act raises two main types of problems: the authority competent to interpret and the act to be interpreted. It is precisely the nature of the act to be interpreted, considers G. Berlia, as an essential element of his study. The author successively focuses on the true meaning of the terms "intention of the parties", the so-called clear act rule, the rule of useful effect…