Collected Courses of the Hague Academy of International Law

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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)

(34,609 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 principe de réciprocité dans le droit international contemporain (Volume 122)

(35,872 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…

Le nom des personnes en droit international (Volume 95)

(28,577 words)

Author(s): Schätzel, Walter
Schätzel, Walter Keywords: Noms de famille | International law | Mots clefs: Noms | Droit international | ABSTRACT Walter Schatzel points out in the introduction to his course that, as national laws on identifications of people differ and an ever-increasing number of people go abroad, the question of their identifications inevitably arises. He writes that there is a tendency to consider that the issue of the identification is regulated according to foreign laws in the same way as its own national law, but that is…

Teachings and Teaching of International Law (Volume 151)

(37,714 words)

Author(s): Lachs, Manfred
Lachs, Manfred Keywords: Education | International law | Mots clefs: Enseignement | Droit international | ABSTRACT Manfred Lachs, Judge at the International Court of Justice, devotes his course, during a jubilee session of the Academy, to the teachings and teaching of international law. The teachings (in the plural) from the author’s pen indicate the plurality and diversity of doctrines taught. After reviewing the role of the teachings, the author makes a brief survey of the teachings and presents the impact of…

Règles générales du droit de la paix (Volume 58)

(79,728 words)

Author(s): Basdevant, Jules
Basdevant, Jules Keywords: Peace | International law | Mots clefs: Paix | Droit international | ABSTRACT The General Rules of the Law of Peace, according to Jules Basdevant in 1936, are rules of international law. The current international legal order, unlike the domestic legal order, does not include any legislator competent to establish or modify the rules of law. This fact, together with historical and moral reasons, is a basis for the debate between rational conceptions and positive conceptions of internati…

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…

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

(152,895 words)

Author(s): Dominicé, Christian
Dominicé, Christian Keywords: Public international law | International law | Mots clefs: ABSTRACT The first part of this course is devoted to the international legal order. The reflection focuses in particular on its autonomy and its constitutional aspects, on international norms and their diversity. A study of the actors of the international legal order and their legal personality is offered, including the State, international organizations, private persons, individuals and other diverse entities. The various forms of implementation of international law are then studied. In a…

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

(31,258 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 course begins with the development of international law in Latin America, with the International Conferences of American States, and focuses on the contribution of Latin American States to the two Hague Peace Conference of 1907, as they had projection in time. The author then focuses on subsequent end…

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)

(134,416 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 …

Democracy and International Law (Volume 371)

(38,913 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 This course starts with the author sketching the diverse understanding of the term “democracy”, and what the meaning of democracy is through different debates. It then considers how the formal doctrines of international law have engaged with concepts of democracy, emphasizing the partial nature of this engagement. After that, a cha…

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

(36,218 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…

L’état de droit: émergence d’un principe du droit international (Volume 254)

(183,039 words)

Author(s): Morin, Jacques-Yvan
Morin, Jacques-Yvan Keywords: Constitutional state | Human rights | Constitutional law | Legal principles | International law | Mots clefs: Etat de droit | Droits de l'homme | Droit constitutionnel | Principes généraux du droit | Droit international | ABSTRACT Jacques-Yvon Morin, Professor at the University of Montreal, proposes in his course to measure the effectiveness of the principles of rule of law and the rules which result from it, not only within the State, but also on the international stage, where their increasing interdepen…

Custom and Treaty in the Law of the Sea (Volume 205)

(29,074 words)

Author(s): Bernhardt, Rudolf
Bernhardt, Rudolf Keywords: International customary law | Law of the sea | Law of treaties | International law | Mots clefs: Droit coutumier international | Droit de la mer | Droit des traités | Droit international | ABSTRACT Rudolf Bernhardt, Director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, notes that the combined play of custom and treaty, in the Law of the Sea, requires the consideration of general and theoretical elements and requires an attempt to link these general considerat…

Les maitres de l’école italienne du droit international au XIXe siècle (Volume 46)

(40,455 words)

Author(s): Catellani, Enrico
Catellani, Enrico Keywords: Italy | International law | Legal history | Mots clefs: Italie | Droit international | Histoire du droit | ABSTRACT During the earlier period of the French Revolution and during the later period of the Napoleonic Empire, not only philosophical and legal studies flourish in Italy as in other European countries, but also the studies related to human rights and their protection as well as the studies related to the internal organization of States and the best rules for the coexistence of State…

Règles générales du droit de la Paix (Volume 54)

(106,632 words)

Author(s): Kaufmann, Erich
Kaufmann, Erich Keywords: Peace | International law | Mots clefs: Paix | Droit international | ABSTRACT After a presentation of the general approach to the issue of the rules of the law of peace, the author studies the establishment of the State in an international order. He then focuses on the peculiarities of the international order, and on the idea of law in the international order. The last chapter examines the international community and international political law: the author presents the structure and or…

Les règles générales du droit de la paix (Volume 47)

(117,740 words)

Author(s): Strupp, Karl
Strupp, Karl Keywords: Peace | International law | Mots clefs: Paix | Droit international | ABSTRACT In the introduction to his course, Karl Strupp makes the following observation: under the penalty of ad infinitum regression in legal order, it should be admitted that the foundation of international law is pre-legal. Ever since the States have recognized an obligatory nature of the international norms at different periods which could not be specified historically, it is that the same principle was a part of the…

The Doctrine of Jurisdiction in International Law (Volume 111)

(60,160 words)

Author(s): A. Mann, F.
A. Mann, F. Keywords: Jurisdiction | International law | Rights and duties of States | Legislation | Mots clefs: Juridiction | Droit international | Droits et devoirs des Etats | Législation | ABSTRACT Frederick devotes his course to the doctrine of jurisdiction in international law. After a first chapter devoted to the definition of the concept of jurisdiction, the author examines the doctrine of legislative jurisdiction from a general point of view and then from a special point of view. He examines the enforcement jurisdiction. Frederick consacre son cours à la doctrine de la …
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