Collected Courses of the Hague Academy of International Law

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Constitutional Limitations in the Law of the European Organisations (Volume 108)

(40,720 words)

Author(s): J. Hahn, Hugo
J. Hahn, Hugo Keywords: Europe | International organizations | Competence | European Coal and Steel Community | European Economic Community | European Atomic Energy Community | Treaties | Community law | Mots clefs: Europe | Organisations internationales | Compétence | Communauté européenne du charbon et de l'acier | Communauté économique européenne | Communauté européenne de l'énergie atomique | Traités | Droit communautaire | ABSTRACT Hugo Hahn devotes his course to Constitutional Limitations in the Law of International Organizations. By constitution, it m…

Treaty and Diplomatic Relations between European and South Asian Powers in the Seventeenth and Eighteenth Centuries (Volume 100)

(42,329 words)

Author(s): H. Alexandrowicz, Charles
H. Alexandrowicz, Charles Keywords: South Asia | Europe | Diplomacy | Treaties | Mots clefs: Asie du Sud | Europe | Diplomatie | Traités | ABSTRACT Charles Alexandrowicz begins his course on Treaties and Diplomatic Relations Between European and South Asian Powers in the Seventeenth and Eighteenth centuries with a historic overview of the relations between Suzerain States and Vassal States. He then presents the controversy between Grotius and Freitas. He examines the treaties and the contexts in which they were signed. F…

Co-Operative Efforts in Private International Law on Behalf of Children: The Hague Children’s Conventions (Volume 323)

(94,991 words)

Author(s): J. Silberman, Linda
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…

Legal Dimensions of Arms Control Agreements An Introductory Overview (Volume 377)

(57,506 words)

Author(s): Tuzmukhamedov, Bakhtiyar
Tuzmukhamedov, Bakhtiyar Keywords: Arms control | Weapons of mass destruction | Conventional weapons | International agreements | Treaties | International peace and security | Mots clefs: ABSTRACT In this course, Bakhtiyar Tuzmukhamedov intends to acquaint students with the regulation of arms control and disarmament processes, specificity of development of regulatory norms, and with negotiating bodies and other forums where those norms are deliberated and crafted. After a survey of early attempts to limit armaments and in…

Les conventions conclues entre les pays socialistes sur le droit civil international et le droit international de la famille (Volume 144)

(26,979 words)

Author(s): Sosniak, Mieczyslaw
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…

Des conflits entre principes abstraits et stipulations conventionnelles (Volume 48)

(25,324 words)

Author(s): Ray, Jean
Ray, Jean Keywords: Treaties | Public international law | Revision | Mots clefs: Traités | Droit international public | Révision | ABSTRACT History and especially the history of our time, presents to us a large number of cases in which certain clauses of treaties have been attacked, by a State related by them, in the name of certain principles of international law. In order to study this issue, Jean Ray starts with a study of certain diplomatic procedures related to the Oriental issue. He then studies a few affairs b…

La codification par traités en droit international privé dans le cadre de la Conférence de La Haye (Volume 122)

(30,182 words)

Author(s): H. Van Hoogstraten, M.
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 interna…

Les accords régionaux et le droit international (Volume 71)

(35,385 words)

Author(s): M. Yepes, J.
M. Yepes, J. Keywords: Regionalism | Treaties | Mots clefs: Régionalisme | Traités | ABSTRACT When one of the founders of international law, Hugo Grotius, has written that very often the law of nations of one of the parties of the world is not that of others, he has only expressed an axiom which is daily confirmed by history, notes J.M. Yepes. Here is the axiom: there is an international law which is universal, necessary and common to all the civilized people; but besides this universal law, there are specific…

Droit et technique des traités de commerce (Volume 3)

(72,598 words)

Author(s): Bon Boris Nolde, le
Bon Boris Nolde, le Keywords: International trade | Treaties | Mots clefs: Commerce international | Traités | ABSTRACT Boris Nolde begins his course on the Law and the Technique of Commercial Treaties with a history of commercial treaties, from the Middle Ages to Post First World War period. The author then studies the form of commercial treaties and the contracting parties in commercial treaties. The author also focuses on customs territories, the merchant, freedom of trade, conventional customs tariffs, the mos…

La notion de réciprocité dans les traités diplomatiques de droit international privé (Volume 52)

(40,493 words)

Author(s): Niboyet, J.-P.
Niboyet, J.-P. Keywords: Reciprocity | Legal principles | Private international law | Treaties | Mots clefs: Réciprocité | Principes généraux du droit | Droit international privé | Traités | ABSTRACT The theme developed by J.-P. Niboyet in his course is the relations that exist or rather should exist between the general principles of civil law and the treaties which are, after all, just the contracts between the States. After outlining a few general considerations, the author examines the patterns of diplomatic reciprocity, …

The North Atlantic Treaty of 1949 (Volume 79)

(19,146 words)

Author(s): L. Goodhart, A.
L. Goodhart, A. Keywords: North Atlantic Treaty Organization | Treaties | Mots clefs: Organisation du Traité de l Atlantique Nord | Traité | ABSTRACT A. L. Goodhart writes in the introduction to his 1951 course that there is no doubt that the North Atlantic Treaty of 1949 is, from a practical point of view, the most important international agreement since the creation of the United Nations. The North Atlantic Treaty Organization (NATO) was established and substantial investments have already been spent on the implement…

Reservations to Treaties (Volume 146)

(44,411 words)

Author(s): M. Ruda, J.
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…

The Juridical Clauses of the Peace Treaties (Volume 73)

(41,078 words)

Author(s): G. Fitzmaurice, G.
G. Fitzmaurice, G. Keywords: World War II | Peace | Treaties | Mots clefs: Guerre mondiale de 1939 | Paix | Traités | ABSTRACT In his course on the Judicial Clauses of the Peace Treaties, G.G. Fitzmaurice refers to the peace treaties as the treaties signed with Italy, Romania, Bulgaria, Hungary, and Finland and entered into force in 1947. After an introduction devoted to the peace treaties, the author examines the territorial clauses, the political clauses, the military clauses, economic clauses, financial clauses, and commercial clauses of the peace treaties. Dans son cours sur les …

Self-Executing and Non-Self-Executing Treaties in National and International Law (Volume 235)

(36,931 words)

Author(s): Buergenthal, Thomas
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…

Les tendances internationales des constitutions modernes (Volume 80)

(21,642 words)

Author(s): De Visscher, Paul
De Visscher, Paul Keywords: Treaties | Constitutional law | International law and domestic law | Mots clefs: Traités | Droit constitutionnel | Droit international et droit interne | ABSTRACT Whether we want to see in actual practice the first manifestations of an international constitutional law or want to see in international law "national law for external use", it is clear today that internationalists can no longer ignore evolution. In this course, Paul De Visscher focuses on the most recent trends in the phenomenon of ha…

Bilateral Treaties and Multilateral Instruments on Investment Protection (Volume 269)

(84,067 words)

Author(s): Sacerdoti, Giorgio
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…

Les traités et le droit interne (Volume 38)

(25,349 words)

Author(s): Mestre, Achille
Mestre, Achille Keywords: Treaties | International law and domestic law | Mots clefs: Traités | Droit international et droit interne | ABSTRACT In this course, Achille Mestre discusses some aspects of the question of the relationship between treaties and domestic law, and, mainly from the point of view of French public law, examines what positive solutions have been given to the question of the powers of the national judge with respect to treaties. The author examines the following questions: under what conditions ca…

L’interdépendance des conventions internationales du travail (Volume 121)

(36,623 words)

Author(s): Wolf, Francis
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…

Contribution a l’interprétation des traités (Volume 114)

(15,150 words)

Author(s): Berlia, G.
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…

Problems concerning the Validity of Treaties (Volume 134)

(30,951 words)

Author(s): O. Elias, T.
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…
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