Collected Courses of the Hague Academy of International Law

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Competence-Competence in the Face of Illegality in Contracts and Arbitration Agreements (Volume 361)

(137,421 words)

Author(s): Kreindler, Richard
Kreindler, Richard Keywords: International commercial arbitration | International arbitration | Arbitration court | Arbitral competence | Legality | Corruption | Mots clefs: ABSTRACT In this course, the author addresses the question of competence-competence and illegality in contracts and arbitration agreements, generously and broadly, in different ways. Next, he discusses the aspects of the potential authority of the arbitral tribunal, which include arbitrability, separability, and jurisdiction. The author examines i…

Problems concerning the Validity of Treaties (Volume 134)

(30,951 words)

Author(s): O. Elias, T.
O. Elias, T. Keywords: Treaties | Legality | Mots clefs: Traités | Légalité | ABSTRACT T.O. Elias starts his course on the problems of the validity of treaties by an introductive study of the grounds of invalidity. He then studies the constitutional limitations to the power of making the treaties as well as a few specific internal restrictions. The author later focuses on the error and fraud and on corruption and coercion. He analyzes the legal procedure of settlement of disputes, and dedicates his last chapter to the consequences of the invalidity of treaties. T.O. Elias commence son co…