Collected Courses of the Hague Academy of International Law

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The Perplexities of Modern International Law General Course on Public International Law (Volume 291)

(190,608 words)

Author(s): Rosenne, Shabtai
Rosenne, Shabtai Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The title of Shabtai Rosenne's general course on public international law is inspired by the major work of the medieval Jewish philosopher and jurist, Moses Maimonides. These perplexities follow from the conviction that universal peace will become a reality when the world will have a workable, rational, balanced and accepted general system of international law and impartial and appropriate instruments to en…

Règles d’organisation et règles de conduite en droit international Le droit commun et les ordres juridiques (Volume 152)

(106,589 words)

Author(s): Ziccardi, Piero
Ziccardi, Piero Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this course, Piero Ziccardi, Professor at the University of Milan, proposes to develop, with regard to the subject of knowledge of international law, the assumptions proposed in the earlier studies on relations between the processes of the legal knowledge and the result of the processes. To do this, the author begins by examining common law and institutional law in international society. He then focuses o…

Codification des principes du droit international des relations amicales et de la coopération entre les Etats (Volume 137)

(24,803 words)

Author(s): Šahović, Milan
Šahović, Milan Keywords: International co-operation | Public international law | Legal principles | Codification | Mots clefs: Coopération internationale | Droit international public | Principes de droit | Codification | ABSTRACT To find the elements that reflect the importance of the Declaration on Principles of International Law concerning Friendly Relations of cooperation among States in accordance with the Charter of the United Nations, Milan Sahovic analyzes three fundamental aspects, namely the historical aspect, which …

Quelle place pour l’État dans le droit international d’aujourd’hui? (Volume 347)

(20,479 words)

Author(s): Salmon, Jean
Salmon, Jean Keywords: States | Sovereignty | Competence | Globalization | Legal personality | Public international law | European Union | Mots clefs: Etats | Souveraineté | Compétence | Mondialisation | Personnalité juridique | Droit international public | Union européenne | ABSTRACT Jean Salmon, Professor Emeritus at the Université libre de Bruxelles, was convinced, while attending Paul Reuter’s doctoral course on international organizations in Paris in 1955, that the sovereign State was destined to disappear and would otherwise be re…

Les principes de droit international public (Volume 77)

(55,555 words)

Author(s): Rolin, Henri
Rolin, Henri Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT Henri Rolin begins his course on The Principles of Public International Law with a presentation of some general considerations on the law and on the law of nations. He deals with the issues of the State, the determination of nationality and the delimitation of the territory, the division of powers in the exercise of public authority, and legislative matters. He then focuses on e…

Cours général de droit international public (Volume 129)

(68,000 words)

Author(s): Chaumont, Charles
Chaumont, Charles Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Charles Chaumont points out that the study of general principles is equally very ambitious and very modest: ambitious, by pretending to provide a global vision of international law; modest, by the very acute awareness of the limitations of efficiency thus achieved. In this General Course on Public International Law, the author proposes observations limited to certain methods and certain problems concerning…

Is International Law Threatened by Multiple International Tribunals ? (Volume 271)

(113,314 words)

Author(s): I. Charney, Jonathan
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…

Idealism and the Study of International Law Inaugural Lecture, Public International Law Session, 2010 (Volume 350)

(6,373 words)

Author(s): H. Oxman, Bernard
H. Oxman, Bernard Keywords: Public international law | Legal education | Mots clefs: Droit international public | Enseignement juridique | ABSTRACT In the inaugural lecture of the 2010 Public International Law Session, Mr. Oxam, Professor of Law at Miami University School of Law, examines some characteristics of international law relating to ideals that might, or should, be the ideals of students interested in this field of study. He does not understand the term "ideal" in the pure philosophical sense, but rather in the pursuit of a noble goal. Dans cette conférence inaugurale de l…

Le fondement du caractère obligatoire du droit international (Volume 23)

(31,688 words)

Author(s): Brierly, J.-L.
Brierly, J.-L. Keywords: International obligations | Public international law | Mots clefs: Obligations internationales | Droit international public | ABSTRACT J.-L. Brierly writes that the road to international progress has always been sufficiently obstructed by the multitude of particular national interests, the importance of which it is the duty of Statesmen to weigh up before their countries take the initiative in new experiments in international cooperation; however, the author continues, a reform of the theor…

La succession des États quant aux obligations internationales autres que les dettes publiques (Volume 44)

(37,320 words)

Author(s): Udina, Manlio
Udina, Manlio Keywords: State succession | Obligations | Public international law | Mots clefs: Succession d états | Obligations | Droit international public | ABSTRACT The problem of succession of States in international law is one of the most serious problems of the general theory of the law of nations and one of the most important ones for international practice. After a few preliminary considerations on the succession to international rights and duties in general, the author addresses the issue of the succession of …

International Law in the International System (Volume 147)

(72,461 words)

Author(s): Tunkin, Grigory
Tunkin, Grigory Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT International law, according to Grigory Tunkin, is a normative subsystem of the international system, which is itself a component of human society as a whole. That is why the laws of social development generally determine the development of the international system and international law. After a general presentation of the Marxist-Leninist theory of society and international law and the emergence of contempo…

Obligations Arising for States without or against Their Will (Volume 241)

(66,030 words)

Author(s): Tomuschat, Christian
Tomuschat, Christian Keywords: Obligations of the state | Law of treaties | Public international law | Legal principles | Mots clefs: Obligations des états | Droit des traités | Droit international public | Principes généraux du droit | ABSTRACT According to Christian Tomuschat, Professor at the University of Bonn, the place to be assigned to the will of States is crucial for the understanding of the international legal order. But though the will of States plays a considerable role in the appearance of obligations that are the States…

Contribution de la Cour suprême des États-Unis au développement du droit des gens (Volume 69)

(38,644 words)

Author(s): Hostie, Jean
Hostie, Jean Keywords: United States of America | Supreme court | Public international law | Mots clefs: Etats-Unis d’Amérique | Cour suprême | Droit international public | ABSTRACT Jean Hostie explains that the Supreme Court of the United States holds a unique position in the Law of nations because of two particularities: the Supreme Court has inherited the jurisdiction over disputes between States of the Union and, in the disputes between individuals, its freedom of judgment with respect to other governmental powers is m…

La structure de l’ordre juridique international Règles générales et règles conventionnelles (Volume 161)

(47,229 words)

Author(s): Barile, Giuseppe
Barile, Giuseppe Keywords: Public international law | Law of treaties | Mots clefs: Droit international public | Droit des traités | ABSTRACT Giuseppe Barile proposes in this course to give a plausible description of what is the law of international community. He says that it is necessary to try to discover the truth by allowing himself to be transported and guided solely by the logic inherent in the multiform experiences offered by the part of reality in which the phenomenon, that interests him, has its roots. The a…

Le droit international public et la politique (Volume 110)

(138,162 words)

Author(s): Giraud, Emile
Giraud, Emile Keywords: Politics | Public international law | Mots clefs: Droit international public | Politique | ABSTRACT Emile Giraud devotes his course to the study of the relations of public international law and policies. He writes that the law in general, and not only international law, has a very close relation with policies, and not more or less close relations as exist between all the social activities and between the various sciences studying the activities. The law is dependent on the policies that do…

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…

Legal Nature of Jus Cogens In Contemporary International Law (Volume 172)

(16,662 words)

Author(s): Alexidze, Levan
Alexidze, Levan Keywords: Ius cogens | Public international law | Mots clefs: Jus cogens | Droit international public | ABSTRACT Levan Alexidze notes in the introduction to his course that the problem of jus cogens in contemporary international law has been widely commented by specialists representing various existing legal systems. Indeed, the question of whether there are rules of international law from which subjects of law cannot derogate even by mutual consent has become not only a theoretical topic of importa…

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…

La condition internationale des missions catholiques (Volume 26)

(47,373 words)

Author(s): Goyau, Georges
Goyau, Georges Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Georges Goyau begins his course on the International Condition of Catholic missions with a presentation of the supra-national nature of Catholic missions. He then focuses on the protection of Christians in Muslim countries, and then on the protection of missions in "Pagan" countries and in particular to the French protectorate in China. The last chapter of the course is devoted to the changes in the international condition of missions by the Great War and subsequent treaties. Georges…

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…
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