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Guggenheim, Paul Keywords: Sources of law | Public international law | Mots clefs: Sources | Droit international public | ABSTRACT Paul Guggenheim begins his course on the History of the sources of the law of the nations with a presentation of the origins of the concept of the law of the nations, from the Roman law to the practice of the 12th and 13th centuries. He then focuses on the concept of the law of nations in the writings of the founders of international law, then successively to custom, international treaties, and the general principles of law recognized by civilized nations. Paul Gugg…

E. Von Steiger, Werner Keywords: Children | Protection | Private international law | Mino | Mots clefs: Enfants | Protection | Droit international privé | Mineurs | ABSTRACT Werner von Steiger begins his course with a presentation of various elements of the Protection of Minors in Private International Law. He examines the earlier situation at the beginning of the twentieth century (principles of nationality and domicile). He then presents the social and legal developments during the twentieth century. The author focuses o…

Lachs, Manfred Keywords: Space | Space law | Mots clefs: Droit cosmique | ABSTRACT Manfred Lachs presents in the introduction to his course a new dimension of international law: space law. He begins his course with a reminder of man's entry into space and the creation of the rules of law that it requires. He then examines the history of the first texts, the prohibition of national appropriation of space objects and the status of space, objects and persons (astronauts), the rights, obligations, and responsibilities of States, and the issue of telecommunications. Manfred Lachs présente e…

Pinto, Roger Keywords: Civil waLaws of war | International humanitarian law | Mots clefs: Guerres civiles | Droit de la guerre | Droit humanitaire international | ABSTRACT Contemporary international law, according to Roger Pinto, while not prohibiting the civil war, affirms the illegality of international war. Despite the de facto interferences between civil wars and international wars, the legal status of these two types of armed conflict is therefore distinct if not always different. The first task of the lawyer is ther…

Sanders, Pieter Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT Pieter Sanders, Professor at the Erasmus University, Rotterdam, focuses in his course on the trends, emerging at the time of its writing (1975) in the field of international commercial arbitration on three major issues: domain of arbitration, arbitration and applicable law, and remedies against arbitral awards. Since international commercial arbitration applies worldwide, the author addre…

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…

Ian Sinclair, Sir Keywords: Sovereign immunities | Mots clefs: Immunités judiciaires | ABSTRACT In this course, Sir I. Sinclair focuses on recent developments in the field of sovereign immunities. After a presentation of the history and codification efforts of sovereign immunities, the author carefully analyzes the modern jurisprudence of several States (Great Britain, United States, France, Italy, Federal Germany, Austria, Belgium, Netherlands, Australia, Canada, and India). He proceeds to an analysis of th…

Boggiano, Antonio Keywords: Standard contracts | Private international law | International contracts | Comparative law | Mots clefs: Contrats standardisés | Droit international privé | Contrats internationaux | Droit comparé | ABSTRACT Antonio Boggiano, Professor at the School of Law of the University of Buenos Aires, devotes his course to standard contracts in international law. Standard contracts are developed by individual enterprises, groups of enterprises within the same sector, or by international organizations. The auth…

J. Weintraub, Russell Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT The distinction between conflict of laws concerning the validity of a contract and concerning its construction is central to any sensible application of functional analysis. In this course, the author explains the analysis, discusses the criticisms of the analysis that have emerged, and responds to these criticisms. He describes two features wide…

Chapter sections Résumé pp. 275-275 Abstract pp. 275-276 Introduction pp. 276-277 Première partie. Les dommages exceptionnels à l'environnement pp. 277-311 Deuxième partie. L'indemnisation des dommages exceptionnels à l'environnement pp. 311-328 Notes et références pp. 328-356 This chapter is part of: Colloques | Workshop Series > The future of the international law of the environment Chapter information DOI: 10.1163/ej.9789024732395.13-514.65 Pages in print edition: 275-356 Colloques | Workshop Series Publication Editor: Académie de droit international de La Haye Brill…

C. Pryles, Michael Keywords: Accountability | Private international law | Mots clefs: Responsabilité | Droit international privé | ABSTRACT Michael Pryles, Professor at the University of Sydney, emphasizes that in the introduction to his course non-contractual obligations are one of the most fascinating areas of private international law. The revolution that took place during the 1980s and before in the United States with regard to the determination of applicable law has largely unfolded in this area. Professor Pr…

Von Hoffmann, Bernd Keywords: Privatization | Comparative law | Private international law | Mots clefs: Privatisation | Droit comparé | Droit international privé | ABSTRACT Privatization is of interest to the lawyer. It is necessary to transform political decisions into laws to achieve privatization. In this course, Bernd von Hoffmann provides an introduction to the situation of state-owned enterprises and privatization of public enterprises. The author deals with privatization techniques by focusing on the legal struct…

Piontek, Eugeniusz Keywords: European Economic Community | Customs law | General Agreement on Tariffs and Trade | Customs union | Mots clefs: C.E.E. | Régime douanier | Accord général sur les tarifs douaniers et le commerce | Union douanière | ABSTRACT In this course devoted to European integration and international law of economic interdependence, Eugeniusz Piontek, director of the department of European law at the University of Warsaw, focuses his attention on four topics that have a global dimension, to see how the Community pattern…

Oda, Shigeru Keywords: International Court of Justice | Judicial settlement of international disputes | Mots clefs: Cour internationale de Justice | Règlement judiciaire des différends internationaux | ABSTRACT In this course devoted to the International Court of Justice as viewed from the bench, Shigeru Oda, judge and former vice-president of the International Court of Justice, attempts to present the institution from an institutional and functional point of view. Shigeru Oda intends to give a general overview of the Cour…

D. Kerameus, Konstantinos Keywords: Judicial competence | Mots clefs: Compétence judiciaire | ABSTRACT In this course, Konstantinos Kerameus, Professor at the University of Athens, draws up a report of the mutual and gradual convergence of international law and the enforcement of foreign law. The first part of the course concerns recent codifications and case-law developments in the field of enforcement, both on the national level and in attempts to introduce international harmonization. The second part disc…

Zemanek, Karl Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Karl Zemanek proposes to focus his general course on public international law on the role that the fundamental rules of public international law play in the functioning of the international system, those rules that constitute the legal foundation of public international law. Since these rules are the foundations of a political system, they must be viewed in their political context. This approach makes it neces…

I. Charney, Jonathan Keywords: International courts | Public international law | Mots clefs: Tribunaux internationaux | Droit international public | ABSTRACT In this course, Jonathan I. Charney, Professor at Vanderbilt University, Nashville wonders if the coherence of international law is threatened by the increasing number of international tribunals. Professor Charney endeavours to answer this question by investigating various themes: treaty interpretation and reservations, sources of international law, State respo…

A. L. Droz, Georges Keywords: Public notaries | Private international law | Mots clefs: Notariat | Droit international privé | ABSTRACT Georges Droz, former Secretary-General of the Hague Conference on Private International Law, starts by describing the notarial function both in countries that have a proper notarial system (countries known as belonging to the latin notarial system) and in those countries where, even if the institution is not very widespread, the notarial function is nevertheless exerted. The author …

A. Grigera Naón, Horacio Keywords: International commercial arbitration | Mots clefs: Arbitrage commercial international | ABSTRACT The objective of this course by M. Grigera Naón is to describe solutions given to choice-of-law problems by international commercial arbitrators. Only ICC arbitration awards will be considered and, accordingly, only rules and practices governing the conduct of ICC arbitrations and influencing choice-of-law determinations by international commercial arbitrators will be taken into ac…

C. Symeonides, Symeon Keywords: United States of America | Conflict of laws | Mots clefs: Etats-Unis d’Amérique | Droit interrégional | ABSTRACT Symeon Symeonides, Dean of devotes this course to a phenomenon known as a "revolution" in private international law in the United States, which more precisely relates to the law of conflicts of law. Symeonides studies the historic background of this phenomenon, but also looks towards the future to try to discover what the next step in the evolution of American conflicts law …