Collected Courses of the Hague Academy of International Law

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Engagements parallèles et contradictoires (Volume 206)

(102,644 words)

Author(s): Roucounas, Emmanuel
Roucounas, Emmanuel Keywords: Norms | Public international law | Mots clefs: Normes | Droit international public | ABSTRACT Emmanuel Roucounas, Director of the Department of International Studies (Legal Studies) of the Faculty of Legal, Economic, and Political Sciences of the University of Athens, points out in the introduction to his course that the norms of international law generally realize a parallel development, adapting the law to the needs of the changing international community. However, contradictions, …

The Strengthening of International Law (Volume 98)

(98,704 words)

Author(s): Wright, Quincy
Wright, Quincy Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his course on Strengthening of International Law, Quincy Wright explores the possibility of improving five external factors that are detrimental to the effectiveness of international law. He thus proposes to answer the following questions: Can the concept of Empire be replaced, in the minds of peoples and governments, by the concept of internationalism of the United Nations? Can the potentialities of milit…

Restitution of Works of Art pursuant to Private and Public International Law (Volume 288)

(94,791 words)

Author(s): W. Kowalski, Wojciech
W. Kowalski, Wojciech Keywords: Monuments of architecture, art or history | Restitution | Private international law | Public international law | Cultural heritage | Private international law | Cultural heritage | Mots clefs: Monuments d’architecture, d art ou historiques | Restitution | Droit international privé | Droit international public | ABSTRACT Professor Wojcieh W. Kowalski devotes his course to an analysis of the reasons justifying the distinction between cultural property and other types of property, and to the description of the princi…

International Law In Theory And Practice General Course in Public International Law (Volume 178)

(153,231 words)

Author(s): Schachter, Oscar
Schachter, Oscar Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this general course on public international law, Ocar Schachter, Professor at Columbia University in New York, successively addresses fifteen important topics of public international law: the nature and reality of international law; policies, objectives, and rules in a divided world; the quest for objectivity: sources, academics, and judges; general principles and equity; international lex scripta; resol…

Droit international et souveraineté des États Cours général de droit international public (Volume 257)

(63,804 words)

Author(s): Carrillo-Salcedo, Juan-Antonio
Carrillo-Salcedo, Juan-Antonio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT According to Juan-Antonio Carrillo-Salcedo, Professor at the University of Seville, the general course of The Hague Academy of International Law offers the person to express his personal representation of international law envisaged as a whole and in its fundamental data. Professor Carrillo-Salcedo devotes a preliminary chapter to the functional character of sovereignty. In the first part of t…

Problems Confronting Sociological Enquiries concerning International Law (Volume 89)

(43,712 words)

Author(s): Stone, D.C.L., S.J.D., Julius
Stone, D.C.L., S.J.D., Julius Keywords: Sociology | Public international law | Mots clefs: Sociologie | Droit international public | ABSTRACT Julius Stone studies in this course the relationship between international law and social, political, and economic facts that are relevant to the understanding of its origins, sustainability, changes, and judgments that mark its development. After an introduction to the problem of sociology of international law, the author examines the prerequisites for sociological studies, …

Cours général de droit international public (Volume 248)

(126,408 words)

Author(s): Capotorti, Francesco
Capotorti, Francesco Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this course, Francesco Capotorti, Professor of the University of Rome, gives a systematic overview of public international law. He presents the main issues that public international law is facing today. After analyzing the characteristics of the international community and its law, Professor Capotorti elaborates on the following topics: the various subjects of international law; the bodies that make …

Les principes de droit international public (Volume 80)

(63,856 words)

Author(s): Guggenheim, Paul
Guggenheim, Paul Keywords: Public international law | Legal principles | Mots clefs: Droit international public | Principes de droit | ABSTRACT In this course, Paul Guggenheim first examines the position of natural law in positive law and the concept of legal sociology. The author discusses the rules related to the modern law of nations: the rules that have not changed in substance since their creation; the norms that are influenced by changes in the political and economic infrastructure; and the rules that are rapi…

Chinese Contemporary Perspectives on International Law History, Culture and International Law (Volume 355)

(76,656 words)

Author(s): Hanqin, Xue
Hanqin, Xue Keywords: China | Public international law | International law | Sovereignty | International obligations | Human rights | Sustainable development | Multilateralism | Regionalism | Mots clefs: Chine | Droit international public | Droit international | Souveraineté | Obligations internationales | Droits de l'homme | Développement durable | Multilatéralisme | Régionalisme | ABSTRACT This class, given in 2012, starts with an introspection of the attitude of China towards international law in the last 60 years. The attention of the lecturer i…

International Law and the Avoidance, Containment and Resolution of Disputes General Course on Public International Law (Volume 230)

(126,477 words)

Author(s): Higgins, Rosalyn
Higgins, Rosalyn Keywords: International disputes | Public international law | Mots clefs: Différends internationaux | Droit international public | ABSTRACT In this course, Rosalyn Higgins, Professor at the London School of Economics and Political Science, has two main tasks. First, he attempts to show that an essential and inevitable choice must be made between the perception of international law as a system of neutral rules and international law as a decision-making system directed toward the realization of claim…

General Course of Public International Law, 1965 (Volume 115)

(132,954 words)

Author(s): W. Bishop, WM.
W. Bishop, WM. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT For William Bishop, one of the best ways to approach an international law is to ask the questions for what purposes and by whom. After an introduction to his General Course on Public International Law in which he describes the history of international law and speculates whether it is really law, the author focuses on the application - at the international level - of international law, the relations between dom…

Rapports entre facteurs matériels et facteurs formels dans la formation du droit international (Volume 199)

(21,042 words)

Author(s): Šahović, Milan
Šahović, Milan Keywords: Development of international law | Public international law | Mots clefs: Droit international public | Développement du droit international | ABSTRACT Milan Sahovic, Director of the Institute of International Politics and Economics in Belgrade, points out in the introduction to his course that the development of international law leads us to a specific situation. The progress that has been made in the development activity calls for in-depth consideration of the value and importance of the new a…

Le fait dans l’application du droit international (Volume 175)

(54,979 words)

Author(s): J. A. Salmon, Jean
J. A. Salmon, Jean Keywords: Factfinding | Public international law | Mots clefs: Faits | Droit international public | ABSTRACT The course of Jean Salmon, Director of the Institute of Sociology of the Université libre de Bruxelles, is devoted to the study of fact in the application of law. The author intends to analyze the role of juridical fact when international law is applied to an actual situation. If various moments or forms of legal reasoning have already been studied, the author does not believe that a synth…

L’Islam et le droit des gens (Volume 60)

(48,719 words)

Author(s): Rechid, Ahmed
Rechid, Ahmed Keywords: Islam | Public international law | Mots clefs: Islam | Droit international public | ABSTRACT After a presentation of some preliminary concepts on Islam and Law of Nations, especially with regard to the political state of the world at the time of Muhammad, Ahmed Rechid focuses on the international relations in the state of peace, then on international relations in the state of war and on what Islam authorizes and prohibits in international relations. Après l'exposé de quelques notions préliminaires sur l'Islam et le droit des gens, notamment en ce …

Le développement historique du droit international depuis le congrès de Vienne (Volume 2)

(54,039 words)

Author(s): Nippold, O.
Nippold, O. Keywords: Public international law | Legal history | Mots clefs: Droit international public | Histoire du droit | ABSTRACT In the introduction to his course, O. Nippold emphasizes that for the historical study of international law, space and time play a role as insignificant as religious, political, and other considerations, or as the differences in civilization. From this point of view, the historical examination carried out by O. Nippold does not set any limitations at all. Indeed, international law re…

The International Society as a Legal Community (Volume 140)

(119,860 words)

Author(s): Mosler, Hermann
Mosler, Hermann Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his general course on public international law, Hermann Mosler, Judge of the International Court of Justice, studies the international law from the perspective of international society as a legal community. After a presentation of the basic concepts of international law, the author asks how the principles and rules of public international law involve and what makes principles and rules of public internati…

Public Law in the International Arena : Conflict of Laws, International Law, and Some Suggestions for Their Interaction (Volume 163)

(56,733 words)

Author(s): F. Lowenfeld, Andreas
F. Lowenfeld, Andreas Keywords: Private international law | Public international law | Mots clefs: Droit international privé | Droit international public | ABSTRACT Andreas Lowenfeld`s thesis is that public international law and private international law have been artificially separated for too long, for reasons which he does not understand, and which in any case no longer seems valid. The author explores the issue using three themes and illustrations: State`s interest in the valuation process, US regulation of securi…

The Formation of Customary International Law (Volume 272)

(111,681 words)

Author(s): H. Mendelson, Maurice
H. Mendelson, Maurice Keywords: International customary law | Public international law | Mots clefs: Droit coutumier international | Droit international public | ABSTRACT Maurice Mendelson, professor at University College, London, insists in his course on the formation of customary international law on the fact that when we think of customary law-making in the international community, we should be thinking less of the modern legal process than of the customary domestic societies which existed everywhere in the past, b…

General Course on Public International Law (Volume 106)

(88,364 words)

Author(s): Humphrey Waldock, Sir
Humphrey Waldock, Sir Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT After a presentation of the beginnings of an organized international community, Humphrey Waldock continues his course with a study of the framework of international law today in 1962. He then focuses on the main sources of international law (international custom, general principles of law, and treaties), and then on subsidiary sources. He discusses the question of the judicial process in international l…

Economic Order and International Law (Volume 86)

(22,819 words)

Author(s): Röpke, Wilhelm
Röpke, Wilhelm Keywords: Economy | Public international law | Mots clefs: Economie | Droit international public | ABSTRACT In this course, Wilhelm Ropke intends to make explicit the connection between international law and international economy, as the belief in an autonomous economic sphere is erroneous, since economic life depends on a series of meta-economic circumstances, which constitute a moral, political, social and legal framework. After a presentation of the problem it arises, the author studies internat…
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