Collected Courses of the Hague Academy of International Law

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Trusts et cartels internationaux (Volume 19)

(34,004 words)

Author(s): Lebée, Edmond
Lebée, Edmond Keywords: Cartels and monopolies | International law | Mots clefs: Cartels et monopoles | Droit international | ABSTRACT The aim of Edmond Lebee’s study is to examine certain aspects of the massive concentration of economic forces, from an international point of view, and by trying to rule out the abstract hypothesis and reasoning. After a presentation of the importance of economic factors in international political life, the author examines the concentration of industrial forces and their extension i…

The Principles of International Law in the Light of Confucian Doctrine (Volume 120)

(18,616 words)

Author(s): Iriye, Keishiro
Iriye, Keishiro Keywords: Confucianism | Doctrines | China | International law | Mots clefs: Confucius | Doctrines | Chine | Droit international | ABSTRACT Keisho Iriye dedicates his course to the Principles of International Law in the Light of Confucian Doctrine. After an introduction dedicated to interstate relations in the Chou period (around 1122-256 BC) during when Confucius lived (here, the author particularly presents the notion of Li, that needs to be distinguished from law), he successively studies the issues …

L’article 103 de la Charte des Nations Unies (Volume 367)

(105,223 words)

Author(s): Kolb, Robert
Kolb, Robert Keywords: United Nations | Charter of the United Nations (San Francisco, 26 June 1945) | Member states | International agreements | International obligations | Obligations of the state | International law | Hierarchy | Mots clefs: ABSTRACT Article 103 is a part of the United Nations Charter, which is perceived as the Constitution of the world community and can also be considered based on the idea of a normative hierarchy. It can also constitute a rule of conflict. In this course, Robert Kolb has two aims and two objectiv…

Le déni de justice en droit international (Volume 52)

(26,499 words)

Author(s): De Visscher, Charles
De Visscher, Charles Keywords: Denial of justice | International law | Exhaustion of domestic remedies | Mots clefs: Déni de justice | Droit international | Epuisement des voies de recours internes | ABSTRACT Charles De Visscher explains in the introduction to his course that the Concept of denial of justice is both one of the oldest and one of the most improperly elucidated international laws. In order to address this situation, the author addresses the issue. He begins with a presentation of the general position of the proble…

La rébellion et le droit international : le principe de neutralité en tension (Volume 374)

(112,011 words)

Author(s): Corten, Olivier
Corten, Olivier Keywords: Rebellions | Neutrality | Secession | Right of self-determination | Civil waIntervention | International law | Mots clefs: ABSTRACT Rebellion is not considered to be contrary to general international law, which is commonly referred to as the "principle of neutrality." In this course, Olivier Corten aims to expose the logic that allows us to better understand the evolution of the phenomenon of rebellion and its apprehension by international law. The author discusses the tensions that constant…

The Law of Global Governance (Volume 368)

(88,571 words)

Author(s): Benvenisti, Eyal
Benvenisti, Eyal Keywords: Global governance | International organizations | International administrative law | Human rights | Decision-making | Sovereignty | International law | Mots clefs: ABSTRACT In this course, Eyal Benvenisti explores the challenges that global governance bodies pose to the ideals of the rule of law, the protection of human rights, democratic deliberation, and the equitable allocation of benefits and burdens among States and communities. The author outlines the emerging legal responses to these cha…

Democracy and International Law (Volume 371)

(38,907 words)

Author(s): Charlesworth, Hilary
Charlesworth, Hilary Keywords: Democracy | Political systems | Political regimes | Public international law | International law | Concept | Peacebuilding | State-building | Mots clefs: ABSTRACT In this course, the author considers the way that international law defines, refines, and interacts with ideas of democracy. First, she sketches various understandings of the term “democracy” and surveys debates about the meaning of democracy. Next, the author considers how the formal doctrines of international law have engaged wit…

Les détroits danois au point de vue du droit (Volume 55)

(34,045 words)

Author(s): Brüe, Erik
Brüe, Erik Keywords: Denmark | Straits | International law | Great Belt | Mots clefs: Danemark | Détroits | Droit international | Grand-Belt | ABSTRACT Erik Bruel begins his study on the topography, the geographical function, and the political history of the straits. He presents the legal regime of the straits before the First World War, and then the position of the Danish Straits during the same war. The author then presents a few features of the development of fact and law in the post-war period, which may have an influence on the regime of straits. Erik Bruël commence son étude par une …

L’extradition en droit international : problèmes choisis (Volume 231)

(97,906 words)

Author(s): Puente Egido, J.
Puente Egido, J. Keywords: Extradition | International law | Political offenses | Mots clefs: Extradition | Droit international | Délits politiques | ABSTRACT In his course on Extradition in International law, J. Puente Egido, Professor at the National University "Distance Education" in Madrid, starts from the observation of considering the fact being fundamental: the exercise of jus puniendi by States essentially adjusts to the competences they possess like territorial sovereignties. The author defines this essential…

Règles générales du droit de la paix (Volume 54)

(109,414 words)

Author(s): Le Fur, Louis
Le Fur, Louis Keywords: Peace | International law | Mots clefs: Paix | Droit international | ABSTRACT The course of Louis Le Fur on General Rules of the Law of Peace begins with the first part devoted to doctrines on the basis of international law. The author thus presents ten different theories, the last one, to which the author agrees, being a realistic and synthetic theory. The second part of the course is devoted to the study of several selected problems, such as custom and general principles of law, the revision of treaties, or the domain for the exclusive competence of the State. Le cours d…

La Révolution de 1848 et le droit International (Volume 72)

(36,217 words)

Author(s): Bastid, Paul
Bastid, Paul Keywords: France | Revolutions | 1848 | International law | Human rights | Mots clefs: France | Révolutions | 1848 | Droit international | Droits de l homme | ABSTRACT According to Paul Bastid, although not as important as the date of 1789, the date of 1848 can only be compared to it for the importance of its repercussions in the field of relations between States. In a first chapter, the author analyzes the elements of problems in the international order due to the 1848 Revolution. He then examines its action in t…

La société internationale à la recherche de son équilibre Cours général de droit international public (Volume 370)

(152,927 words)

Author(s): Dominicé, Christian
Dominicé, Christian Keywords: Public international law | International law | Mots clefs: ABSTRACT This general course was delivered at The Hague Academy of International Law in 2006 and is divided into two parts. In the first part, Christian Dominicé focuses on the international legal order. He deals with the characteristics of the international legal order, the primary and secondary norms, and legal order and constraint. The author discusses the international standards focusing on the area of formal sources…

The Contribution of Latin American Legal Doctrine to the Progressive Development of International Law (Volume 376)

(31,264 words)

Author(s): Augusto Cançado Trindade, Antônio
Augusto Cançado Trindade, Antônio Keywords: Latin America | Public international law | International law | Development of international law | Codification | Doctrines | Peace conferences | The Hague | 1907 | Mots clefs: ABSTRACT The author commences this lecture by addressing the historical antecedents and early developments, such as the first International conferences of American States and the two Hague Peace Conferences, in particular the contributions of Latin-American States to the II Hague Peace Conference of 1907. He focus…

Les caracteres sociologiques de la communauté humaine (Volume 67)

(35,124 words)

Author(s): Théodore Ruyssen, M.
Théodore Ruyssen, M. Keywords: Sociology | International law | States | International economic relations | Mots clefs: Sociologie | Droit international | Etats | Relations internationales économiques | ABSTRACT Theodore Ruyssen, in this course, intends to seek to what extent and under which formation of the human community constitutes a league in the strictest sense of the term. After a presentation of the sociological issue and the novelty of the idea of human community, the author focuses on the economic community, spiritual community, and finally the political community. Théodor…

Extraterritoriality in International and Comparative Law (Volume 72)

(34,608 words)

Author(s): W. Keeton, G.
W. Keeton, G. Keywords: Extraterritorial jurisdiction | International law | Comparative law | Mots clefs: Extraterritorialité des lois | Droit international | Droit comparé | ABSTRACT G.W. Keaton devotes his course to Extraterritoriality in International Law and Comparative Law. After a historical study of the rise and development of the concept of extraterritoriality, the author focuses on the issue of the application of extraterritoriality. He then discusses the passing of these extraterritorial rights, in particular b…

Le controle international (Volume 77)

(27,213 words)

Author(s): Kopelmanas, Lazare
Kopelmanas, Lazare Keywords: International control | International law | Inspection | Mots clefs: Contrôle international | Droit international | ABSTRACT Lazare Kopelmanas points out that the problem of International Control has been found at the very center of international concern with the use of the atomic bomb in the war against Japan. This forces the doctrine to consider it in a practical field. The author begins his course with a study of the control based on functional duplication. He then examines the inter…

Quelques aspects juridiques des transferts contractuels de richesse entre États (Volume 16)

(17,930 words)

Author(s): Williams, F.
Williams, F. Keywords: Loans | International contracts | International law | World War I | War reparations | Dawes Plan | Mots clefs: Prêts | Contrats internationaux | Droit international | Réparations après la guerre mondiale de 1914 | Plan Dawes | ABSTRACT John Fischer Williams examines in this course the legal conditions under which contractual transfers of wealth occur, as well as the legal mechanism by which they are executed. The author presents in turn various legal questions concerning, in particular, the parties to international…

International Law in the Past Third of a Century (Volume 159)

(134,383 words)

Author(s): Jiménez De Aréchaga, Eduardo
Jiménez De Aréchaga, Eduardo Keywords: International Court of Justice | International law | Mots clefs: Cour internationale de Justice | Droit international | ABSTRACT Eduardo Jimenez de Arechaga, President of the International Court of Justice, devotes his General Course of Public International Law to the study of ten topics of public international law: custom as a source of public international law, the law of treaties, the invalidity and termination of treaties, general principles of international law governing the …

Le principe de réciprocité dans le droit international contemporain (Volume 122)

(35,870 words)

Author(s): Virally, Michel
Virally, Michel Keywords: Reciprocity | International law | Mots clefs: Réciprocité | Droit international | ABSTRACT In this course, Michel Virally outlines the role played by reciprocity in the essential mechanisms of international legal order, that is, the mechanisms governing the formation and application of the norms that compose the mechanisms, which enable him to identify the fundamental features of reciprocity and, thus, to throw a little light into the concept of reciprocity. The author starts by studyi…

Règles générales du droit de la paix (Volume 62)

(110,432 words)

Author(s): Lauterpacht, H.
Lauterpacht, H. Keywords: Peace | International law | Mots clefs: Paix | Droit international | ABSTRACT H. Lauterpacht's course does not aim to cover the entire subject of international law of peace. The author examines with a particular attention on some of the problems that lawyers of international law have been particularly concerned with in the years preceding the year in which the course was given, that is 1937. After the first part devoted to the foundations of international law, the author focuses on the…
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