Collected Courses of the Hague Academy of International Law

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Le droit international privé, droit savant (Volume 234)

(38,248 words)

Author(s): Oppetit, Bruno
Oppetit, Bruno Keywords: Sources of law | Private international law | Methodology | Mots clefs: Sources | Droit international privé | Méthodologie | ABSTRACT In the past decades, methodological problems have taken up the strengths and attention of jurists. A considerable amount of time and intelligence has been devoted to refining the process of conflict of laws and analyzing its crisis, to the study of the pluralism of methods, to the rise of law of public order and substantive rules, and so on. In this course, Bruno …

L’évolution des sources du droit des investissements (Volume 250)

(72,693 words)

Author(s): Juillard, Patrick
Juillard, Patrick Keywords: Foreign direct investment | Sources of law | Law | Mots clefs: Investissement | Sources | Droit | ABSTRACT In this course, Patrick Juillard, Professor at the Univeristy of Paris I, does not investigate the evolution of investment law as such, but rather at the evolution of the sources of investment law. The course is split in two unequal parts, explains Professor Juillard, because after all, and from a chronological point of view, they cover two periods of unequal importance. Indeed, as th…

Decisions of International Organs as a Source Of International Law (Volume 94)

(36,726 words)

Author(s): Tammes, A.J.P.
Tammes, A.J.P. Keywords: International organizations | Decisions | Public international law | Sources of law | Mots clefs: Organisations internationales | Décisions | Droit international public | Sources | ABSTRACT A.J.P. Tammes devotes a course to the Decisions of International Organs as a Source of International Law. The author begins with a study of the introduction of a new legislative technique, which is not retained as a source of international law by Article 38 of the Statute of the ICJ. The author next focuses on hyb…

Contribution a l’histoire des sources du droit des gens (Volume 94)

(31,632 words)

Author(s): Guggenheim, Paul
Guggenheim, Paul Keywords: Sources of law | Public international law | Mots clefs: Sources | Droit international public | ABSTRACT Paul Guggenheim begins his course on the History of the sources of the law of the nations with a presentation of the origins of the concept of the law of the nations, from the Roman law to the practice of the 12th and 13th centuries. He then focuses on the concept of the law of nations in the writings of the founders of international law, then successively to custom, international treaties, and the general principles of law recognized by civilized nations. Paul Gugg…

Sources du droit international de l’espace (Volume 168)

(39,248 words)

Author(s): G. Marcoff, Marco
G. Marcoff, Marco Keywords: Space | Space law | Sources of law | Mots clefs: Espace cosmique | Droit cosmique | Sources | ABSTRACT Marco Marcoff explains in the introduction to his course that the formation of the customary rules of international space law during the pre-conventional stage of its elaboration as well as the quasi-conventional and quasi-legislative process established in the United Nations system suggestively show the contemporary tendencies affecting the process of creating international rules, and more…

Les sources modernes du droit international (Volume 53)

(32,556 words)

Author(s): A. Finch, George
A. Finch, George Keywords: Sources of law | International law | Mots clefs: Sources | Droit international | ABSTRACT George A. Finch starts his course on the Modern Sources of International Law by presenting the factors of formation of international law in modern period. He then studies “natural law” as source of international law, and then the custom, and the treaties. Finally, he studies the position of international law before the courts. George A. Finch commence son cours sur les sources modernes du droit international par une présentation des facteurs de la for…

International Case Law in the Development of International Law (Volume 382)

(91,758 words)

Author(s): Bing Jia, Bing
Bing Jia, Bing Keywords: Development of international law | International law | International law and national law | Case-law | Stare decisis | Doctrines | Sources of law | Mots clefs: ABSTRACT In this course, the author looks at the traditional status of judicial decisions in international law before engaging in a survey of municipal and international practices related to the matter of precedent. He deals with the emerging doctrine of precedent in international law and then turns his attention to the notions derived from the …

Les sources du droit international (Volume 11)

(21,575 words)

Author(s): Heilborn, Paul
Heilborn, Paul Keywords: International law | Sources of law | Mots clefs: Droit international | Sources | ABSTRACT Paul Heilborn observes only custom and agreement as sources of international law, that is to say, as modes of the formation of the law. After a presentation of general concepts related to the element of public international law and the sources of law, the author examines the element of the sources of international law (customary law and agreement), the potency of these sources, the field of internati…