Collected Courses of the Hague Academy of International Law

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Les effets de la guerre sur les traités (Volume 59)

(18,426 words)

Author(s): D. Mc Nair, Arnold
D. Mc Nair, Arnold Keywords: Wars | Treaties | Mots clefs: Guerres | Traités | ABSTRACT Arnold Mc Nair proposes to dedicate his course to the research and collection of materials in the form of judgments and diplomatic controversies rather than the discussion of theories. After a historical overview and preliminary observations, he thus successively studies the different categories of treaties which can, besides, overlap: the treaties relating to permanent laws, the treaties conferring rights of extraterritoria…

Reservations to Treaties (Volume 103)

(36,513 words)

Author(s): W. Bishop, Jr., William
W. Bishop, Jr., William Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT William Bishop devotes his course to Reservations to Treaties. After a definition of the concept of reservations in the introduction, the author examines the practice concerning acceptance of reservations in bilateral treaties and multilateral treaties. He also focuses on the distinction between reservation, interpretation, and declaration. He discusses the question of the reservation clauses, and then presents…

Les accords internationaux concernant la double imposition et l’évasion fiscale (Volume 55)

(22,349 words)

Author(s): Bühler, Ottmar
Bühler, Ottmar Keywords: Double taxation | Treaties | Tax evasion | Mots clefs: Imposition (double) | Traités | Evasion fiscale | ABSTRACT Ottmar Buhler, in the introduction to this course, notes that the problems of tax law are due to a large number of states collecting taxes, multiplicity of the tax systems, and infinitely numerous and complicated economic relationships between countries. After a presentation of the different tax systems of the States of the world and economic relations between States giving rise t…

L’interprétation des traités d’après la Convention de Vienne sur le droit des traités (Volume 151)

(37,149 words)

Author(s): Kamil Yasseen, Mustafa
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…

The Evolution of Sustainable Development in International Law : Inception, Meaning and Status (Volume 329)

(68,497 words)

Author(s): Schrijver, Nico
Schrijver, Nico Keywords: Sustainable development | Legal concept | Treaties | Legal principles | Public international law | Mots clefs: Développement durable | ABSTRACT Nico Schrijver, Professor at the VU University Amsterdam, assigns a triple aim to his course. First, he intends to study about the genesis of the law of sustainable development and to clarify the meaning of this concept, while evaluating the status within the public international law. Then, he proceeds to the examination of the legal principles which e…

Le problème des effets des traités a l’égard des États tiers (Volume 143)

(55,671 words)

Author(s): Cahier, Philippe
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…

The Enforcement of Treaties by a Federal State (Volume 141)

(29,186 words)

Author(s): T. Oliver, Covey
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 …

Les travaux préparatoires et l’interprétation des traités (Volume 48)

(36,618 words)

Author(s): Lauterpacht, H.
Lauterpacht, H. Keywords: Treaties | Preparatory work | Interpretation | Mots clefs: Traités | Travaux préparatoires | Interprétation | ABSTRACT H. Lauterpacht, in the introduction of his course, writes that the study of the cases of interpretation of treaties by the international and national courts enable proving the utility of the various rules of interpretation, elaborated with care, which we encounter in the treaties of international law; it leads us to conclude on their less practical significance, he notes. …

The Nuclear Non-Proliferation Régime: Assessment and Prospects (Volume 256)

(63,958 words)

Author(s): Goldblat, Jozef
Goldblat, Jozef Keywords: Proliferation | Treaties | Mots clefs: Prolifération et non-prolifération | Traité | ABSTRACT This course of Jozef Goldblat, senior lecturer and research fellow at the Geneva Graduate Institute of International Studies, focuses on the nuclear non-proliferation régime. Josef Glodblat starts his course with an overview of the early efforts to outlaw nuclear weapons. The author then presents the Nuclear Non-Proliferation Treaty (the ban on the transfer or the acquisition of nuclear weapon…

Applying the Most Favourable Treaty or Domestic Rules to Facilitate Private International Law Co-Operation (Volume 377)

(78,480 words)

Author(s): Blanca Noodt Taquela, María
Blanca Noodt Taquela, María Keywords: Treaties | Private international law | Judicial cooperation | Jurisdiction | Choice of law | Mots clefs: ABSTRACT There has been an enormous increase in the conclusion of international treaties in recent decades. This is the case of Private International Law treaties in general and those on International Judicial Cooperation in particular. The author analyzes three significant issues in the contents of Private International Law: International Jurisdiction, Applicable Law, and Inte…

United Nations Treaty Practice (Volume 86)

(62,783 words)

Author(s): Rosenne, Shabtai
Rosenne, Shabtai Keywords: United Nations | Treaties | Mots clefs: Nations Unies | Traités | ABSTRACT The objective of the Shabtai Rosenne’s course is to study the United Nations Treaty Practice as an international organization with legal personality. The intention of the author is to assess the extent to which it has succeeded in adopting international treaty law despite its specificities and the heterogeneity of its members. The author successively examines the treaties established under the aegis of the Unit…

The Recent Concordats (Volume 104)

(21,186 words)

Author(s): Z. Ehler, Sidney
Z. Ehler, Sidney Keywords: Roman Catholic Church | Treaties | Pope | Mots clefs: Eglise | Traités | Pape | ABSTRACT According to Sidney Z. Ehler, a concordat is an international agreement between the Pope and a State relating to the legal situation of the Catholic Church of that state. The author begins his study with a presentation of the two parties to the concordat: the Pope and the State. He next examines the characteristics of the concordat as an international agreement, later examines the characteristics of th…

Un système de contrôle international: la mise en œuvre des conventions internationales du travail (Volume 123)

(33,843 words)

Author(s): Valticos, Nicolas
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 …

The Interaction between Customary International Law and Treaties (Volume 322)

(72,359 words)

Author(s): Dinstein, Yoram
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…

Les droits de l’enfant dans les conventions internationales et les solutions retenues dans les pays arabo-musulmans (Volume 268)

(110,247 words)

Author(s): Moulay Rchid, Abderrazak
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…

Maintenance Obligations in the Conflict of Laws (Volume 247)

(58,409 words)

Author(s): Martiny, Dieter
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…

Bilateral Agreements Concluded by the European Community (Volume 309)

(125,046 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…

The Antarctic System (Volume 139)

(27,714 words)

Author(s): E. Guyer, Roberto
E. Guyer, Roberto Keywords: Antarctica | Treaties | Mots clefs: Antarctique | Traité | ABSTRACT Roberto Guyer points out that the Antarctic system has two interesting aspects. First, the era (1973) of rapid change, and second, the ordinary rules of international law, which usually target regions in which the climate allows the settlement of human beings, are difficult to apply to Antarctica. The author, after a presentation of the main legal and scientific aspects of the issues, first examines the Antarctic Tr…

Les formes de cessation de l’état de guerre en droit international (Volume 149)

(21,568 words)

Author(s): Klafkowski, Alfons
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…

Settlement of Disputes Relating to the Interpretation and Application of Treaties (Volume 150)

(37,766 words)

Author(s): B. Sohn, Louis
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…
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