Collected Courses of the Hague Academy of International Law


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Some Aspects of Law and Diplomacy (Volume 91)

(37,939 words)

Author(s): Cross Dillard, Hardy
Cross Dillard, Hardy Keywords: International disputes | Diplomacy | International law | Mots clefs: Différends internationaux | Diplomatie | Droit international | ABSTRACT The objective of Hardy Cross Dillard's course on Some Aspects of Law and Diplomacy is to make an inquiry and to elicit more questions than answers. This survey focuses on the role of law and diplomacy in conflict management. The author is induced to make this inquiry by the decision of the United States Supreme Court on racial discrimination. Le cours de Hardy Cross Dillard sur certains aspects du droit et …

The Law of International Payments (Volume 79)

(80,244 words)

Author(s): Hug, Walther
Hug, Walther Keywords: Régime des paiements | International law | Exchange control | Monitoring | Mots clefs: Paiements | Droit international | Devises | Contrôle | ABSTRACT The objective of Walther Hug's course is to critically examine various new rules concerning international payments and to consider their effects on private legal relations. The new law on international payments must serve certain economic objectives as a starting point. In the first part, the author presents the bases of the Law of International Payme…

La pétition en droit international (Volume 40)

(39,727 words)

Author(s): Feinberg, Nathan
Feinberg, Nathan Keywords: Right of petition | International law | Mots clefs: Droit de pétition | Droit international | ABSTRACT Nathan Feinberg studies about the Petition in International Law, which, in 1932, is a field little explored or even completely neglected by legal science. After some introductory remarks on petitions in domestic law, the author deals with the practice followed by international Conferences and Congress. The author examines the procedure established by the permanent institutions of the int…

L’arbitrage privé dans les rapports internationaux (Volume 51)

(37,816 words)

Author(s): Comte Giorgio Balladore Pallieri, le
Comte Giorgio Balladore Pallieri, le Keywords: Arbitration | International law | Mots clefs: Arbitrage | Droit international | ABSTRACT Giorgio Balladore Pallieri explains in the introduction to his course that practice in recent times (1934) has marked a very pronounced penchant for arbitration, which it prefers in a growing number of cases to the procedure instituted by the State and taking place before ordinary judges. After presentation of general theories relating to international arbitration, the author focuses on private arbitration in international conventions. Giorgio…

Legal Problems of Foreign Investments (Volume 153)

(30,384 words)

Author(s): I. Nwogugu, E.
I. Nwogugu, E. Keywords: Foreign direct investment | International law | Mots clefs: Investissement | Droit international privé | ABSTRACT Professor Nwogugu devotes his course to the legal problems related to foreign investments of which the States are in great need. After a study of incentives to investments (especially legal incentives), the author focuses on the protection of foreign investment. He then proposes a review of investment contracts and reparations for injury to private property. The author then focu…

The Limits of the Law Inaugural Lecture (Volume 379)

(8,668 words)

Author(s): Lowe, Vaughan
Lowe, Vaughan Keywords: International law | Theory | Mots clefs: ABSTRACT This inaugural conference is based on the fact that the Law has limitations at every level: national law as much as international law. The argument is that international law should be understood from an instrumentalist perspective, as the law is one way and not the only way to give answers. This makes sense as international law is an option among others in international relations, and has many limits, as detailed by the author in thr…

La codification du droit international en Amérique (Volume 22)

(51,059 words)

Author(s): Urrutia, F.-J.
Urrutia, F.-J. Keywords: America | International law | Codification | Mots clefs: Amérique | Droit international | Codification | ABSTRACT Francisco-Jose Urrutia begins his course on the codification of international law in America with a presentation of the principles of international law proclaimed by the American States since the constitution. He then presents the history of the codification of international law in America and the technique that has been used in this context. He then focuses on the Congress of A…

Droit international et communautés fédérales dans la Grèce des Cités (Ve-IIIe siècles avant J.-C.) (Volume 90)

(64,971 words)

Author(s): Ténékidès, Georges
Ténékidès, Georges Keywords: Greece | Federalism | International law | Legal history | Mots clefs: Grèce | Fédéralisme | Droit international | Histoire du droit | ABSTRACT After some preliminary remarks aimed to demonstrate that there was indeed a Hellenic international law, Georges Tenekides presents the polis and the de facto relations between Cities. He then focuses on interstate legal institutions, and examines the federal communities: he presents the problem of the integration of Greek cities in the theoretical field, the specific acco…

Examen de quelques règles du droit international dans le domaine des communications et du transit (Volume 40)

(47,968 words)

Author(s): Hostie, Jean
Hostie, Jean Keywords: Communications | International law | Mots clefs: Communications | Droit international | ABSTRACT Jean Hostie, in the introduction to this course, says that international law has become so complex that it is increasingly difficult, if not impossible, for a single mind to synthesize it. The author points out a number of areas in which some specialists are trying to draw general conclusions from their studies. A critical comparison of the partial syntheses by general subject matter experts w…

Francisco Suarez (1548-1617) (Les théologiens espagnols du XVIe siècle et l’école moderne du droit international) (Volume 43)

(55,639 words)

Author(s): Barcia Trelles, Camilo
Barcia Trelles, Camilo Keywords: Francisco Suárez (1548-1617) | International law | Documents | Mots clefs: Suarez (F.) | Droit international | Documents | ABSTRACT Camilo Barcia Trelles begins his course on the contribution of Francisco Suarez to the Modern School of International law with a general presentation of Suarez and international law. He then studies the vision of the law of nations which Suarez had. He also focuses on the position of Suarez on war, particularly within the framework of the notion of just war…

Legal Problems of Private International Business Enterprises: an Introduction to the International Law of Private Business Associations and Economic Development (Volume 118)

(37,318 words)

Author(s): P. Felicjano, Florentino
P. Felicjano, Florentino Keywords: Multinational enterprises | Foreign direct investment | Economic development | International law | Mots clefs: Entreprises internationales | Investissement | ABSTRACT Florentino Feliciano devotes his course to the Legal Problems of International Business Enterprise. In a first part of his course, the author presents the framework of this study, focuses on the process of the private foreign investment, then on the rights claimed in the context of the investment. In the second part of hi…

La validité et la nullité des actes juridiques internationaux (Volume 74)

(26,043 words)

Keywords: Nullity | International law | Mots clefs: Nullités | Droit international | ABSTRACT After an introduction devoted to general considerations on the validity and invalidity of international legal acts, the author presents the different categories of irregular international legal acts. He focuses on the relative invalidity, absolute invalidity, unlawful acts, and originally valid acts annulled by way of compensation, and acts created by a previous legal regime and annulled by a subsequent legal regime.…

International Law and the Behavior of Nations (Volume 114)

(41,381 words)

Author(s): Henkin, Louis
Henkin, Louis Keywords: International law | Mots clefs: Droit international | ABSTRACT In this course, Louis Henkin focuses on the assertion that sovereign nations would act as if there were no law, each doing what it considers right. This claim is largely unfounded in fact, but little effort was made for its substantiation or refutation. First, the author examines how nations behave. He next examines the contemporary influences of law compliance, and draws the consequences of the Suez case and the Cuban quarantine. Louis Henkin d'intéresse dans ce cours à l'affirmation selon …

The Impact of Science on International Law (Volume 119)

(25,754 words)

Author(s): M. W. Mouton, DR.
M. W. Mouton, DR. Keywords: Science | International law | Technology | Mots clefs: Sciences | Droit international | Technologie | ABSTRACT M.W. Mouton begins his course on the Impact of Science on Private International Law by presenting the new dimensions and new domains of the issue (including the Polar Regions, the soil, seabed and its subsoil, air, and space). He focuses on new sources of energy, international rules on new devices (especially in telecommunications), the question of research, pollution, and questions about food, work, and health. M.W. Mouton commence son cours s…

L’Organisation des États américains et le droit international (Volume 355)

(79,578 words)

Author(s): Arrighi, Jean-Michel
Arrighi, Jean-Michel Keywords: Organization of American States | Public international law | International law | Institutional law | Institutions and organs | Legal co-operation | Democracy | History | Mots clefs: Organisation des Etats américains | Droit international public | Droit international | Droit institutionnel | Institutions et organes | Coopération juridique | Démocratie | Histoire | ABSTRACT The Organization of American States (OAS), created in 1948, is just a link in a long chain of inter-American institutions that emerged from the first Am…

Domestic Application of International Law (Volume 378)

(103,891 words)

Author(s): Iwasawa, Yuji
Iwasawa, Yuji Keywords: International law and national law | International law | Domestic law | Direct effect | Implementation | Mots clefs: ABSTRACT In this course, the author examines the theoretical and practical problems involved in the application of international law in domestic law. A special focus is given to the concept of the direct applicability or self-executing character of international law in domestic law. The doctrine of self-executing treaties in the United States is first examined, followed by the di…

À quelles conditions l’universalité du droit international est-elle possible? Conférence inaugurale, session de droit international public, 2011 (Volume 355)

(10,716 words)

Author(s): Chemillier-Gendreau, Monique
Chemillier-Gendreau, Monique Keywords: Public international law | International law | Universalism | Mots clefs: Droit international public | Droit international | Universalisme | ABSTRACT To reflect on the universality of international law, it is necessary to ask whether its application extends to the entire society concerned, no subject is excluded, and its objectives are achieved for the benefit of all. If the concept of sovereignty appears as a guarantee of the independence and recognition of a group, it is also a …

La crise de l’organisation internationale a la fin du Moyen Age (Volume 44)

(42,047 words)

Author(s): Zimmermann, Michel
Zimmermann, Michel Keywords: Middle Ages | International law | Legal history | Mots clefs: Moyen Age | Droit international | Histoire du droit | ABSTRACT For the majority of internationalists of the second half of the XIXth century and at the beginning of the XXth century, there is no doubt that the law of nations did not exist in the Middle Ages and that it made its appearance only after the Peace of Westphalia in 1648, writes Michel Zimmermann. On the contrary, for the great French writers of the first half of the XIXth century, it was contestable that a very developed international l…

La responsabilité internationale de l’individu (Volume 280)

(109,701 words)

Author(s): Abellán Honrubia, Victoria
Abellán Honrubia, Victoria Keywords: Individuals | International responsibility | International law | Mots clefs: Individus | Responsabilité internationale | Droit international | ABSTRACT The object of the course of Victoria Abellán Honrubia, Professor at the University of Barcelona, is to study the international responsibility of the individual according to public international law. Professor Abellán Honrubia proposes to clarify up to what point the standards for international responsibility of the individual can be…

L’individu et le droit international (Volume 90)

(39,840 words)

Author(s): Sperduti, Giuseppe
Sperduti, Giuseppe Keywords: Individuals | International law | Mots clefs: Individus | Droit international | ABSTRACT Giuseppe Sperduti begins his course by recalling some general knowledge about international society and its legal order necessary for the examination of the problems relating to the condition of individuals in international law. He then examines the alleged impossibilities and logical necessities of classifying individuals as recipients of international norms. He also presents the principle of t…
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