D. Mc Nair, Arnold Keywords: Wars | Treaties | Mots clefs: Guerres | Traités | ABSTRACT Arnold Mc Nair proposes to dedicate his course to the research and collection of materials in the form of judgments and diplomatic controversies rather than the discussion of theories. After a historical overview and preliminary observations, he thus successively studies the different categories of treaties which can, besides, overlap: the treaties relating to permanent laws, the treaties conferring rights of extraterritoria…

W. Bishop, Jr., William Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT William Bishop devotes his course to Reservations to Treaties. After a definition of the concept of reservations in the introduction, the author examines the practice concerning acceptance of reservations in bilateral treaties and multilateral treaties. He also focuses on the distinction between reservation, interpretation, and declaration. He discusses the question of the reservation clauses, and then presents…

Cahier, Philippe Keywords: Third states | Treaties | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Pays tiers | Traités | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT In many cases, argues Philippe Cahier, it is only seemingly that a treaty produces the effects with regard to third parties. In reality, the rights and obligations are the result of the application of a norm of general international law or the consent of the State when one examines the root of the problem. T…

Lauterpacht, H. Keywords: Treaties | Preparatory work | Interpretation | Mots clefs: Traités | Travaux préparatoires | Interprétation | ABSTRACT H. Lauterpacht, in the introduction of his course, writes that the study of the cases of interpretation of treaties by the international and national courts enable proving the utility of the various rules of interpretation, elaborated with care, which we encounter in the treaties of international law; it leads us to conclude on their less practical significance, he notes. …

Bühler, Ottmar Keywords: Double taxation | Treaties | Tax evasion | Mots clefs: Imposition (double) | Traités | Evasion fiscale | ABSTRACT Ottmar Buhler, in the introduction to this course, notes that the problems of tax law are due to a large number of states collecting taxes, multiplicity of the tax systems, and infinitely numerous and complicated economic relationships between countries. After a presentation of the different tax systems of the States of the world and economic relations between States giving rise t…

Kamil Yasseen, Mustafa Keywords: Treaties | Interpretation | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Traités | Interprétation | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT Mustafa Kamil Yasseen begins his course on the Interpretation of Treaties under the Vienna Convention on the Law of Treaties, which has not yet entered into force at the time of writing this course, with a presentation of the general rule of interpretation, Article 31 of the Convention (good wil…

Monaco, Riccardo Keywords: WaTreaties | Cease-fire | Capitulations | Mots clefs: Guerres | Traités | Armistice | Capitulation | ABSTRACT The issue of the Conventions between Belligerents, notes Riccardo Monaco in the introduction to his course, falls under the law of the war. The author begins his course with a study of the general characteristics of conventions between belligerents. The author then studies the various conventions between belligerents. The author devotes the last chapter of his course to the application of conventions between belligerents. La question des conve…

T. Oliver, Covey Keywords: Federal states | Treaties | Enforcement | Mots clefs: Etats fédéraux | Traités | Exécution | ABSTRACT The subject of Covey T. Oliver`s course is the description and analysis of the public law of federal states with regard to the enforcement in domestic law of treaties in the light of the requirements and expectations of public international law and the practice of international relations. The author focuses on the importance of the enforcement of treaties by federal states, the essence of …

De Visscher, Paul Keywords: Treaties | Constitutional law | International law and domestic law | Mots clefs: Traités | Droit constitutionnel | Droit international et droit interne | ABSTRACT Whether we want to see in actual practice the first manifestations of an international constitutional law or want to see in international law "national law for external use", it is clear today that internationalists can no longer ignore evolution. In this course, Paul De Visscher focuses on the most recent trends in the phenomenon of ha…

Ray, Jean Keywords: Treaties | Public international law | Revision | Mots clefs: Traités | Droit international public | Révision | ABSTRACT History and especially the history of our time, presents to us a large number of cases in which certain clauses of treaties have been attacked, by a State related by them, in the name of certain principles of international law. In order to study this issue, Jean Ray starts with a study of certain diplomatic procedures related to the Oriental issue. He then studies a few affairs b…

H. Van Hoogstraten, M. Keywords: Hague Conference on Private International Law | Private international law | Codification | Treaties | Mots clefs: Conférence de La Haye de droit international privé | Droit international privé | Codification | Traités | ABSTRACT The Hague Conference of Private International Law aims at working for the progressive unification of the rules of private international law (art.1 of the Statute). Just like the other international organizations, the Conference seeks to accomplish its task by concluding interna…

M. Yepes, J. Keywords: Regionalism | Treaties | Mots clefs: Régionalisme | Traités | ABSTRACT When one of the founders of international law, Hugo Grotius, has written that very often the law of nations of one of the parties of the world is not that of others, he has only expressed an axiom which is daily confirmed by history, notes J.M. Yepes. Here is the axiom: there is an international law which is universal, necessary and common to all the civilized people; but besides this universal law, there are specific…

Sosniak, Mieczyslaw Keywords: Socialist countries | Civil law | International law | Treaties | Family law | Private international law | Mots clefs: Pays socialistes | Droit civil | Droit international | Traités | Droit de la famille | Droit international privé | ABSTRACT Since the objective of the Socialist States is to correlate and harmonize the principles of their legal relations, they have not, however, decided to harmonize all the principles in all the concerned countries, even though, on the ground of the Socialist bloc, many agreem…

Dinstein, Yoram Keywords: Treaties | International customary law | Law of treaties | Mots clefs: Traités | Droit coutumier international | Droit des traités | ABSTRACT Yoram Dinstein, Professor emeritus of the University of Tel Aviv, reminds us that Article 38 of the Statute of the International Court of Justice prescribes three strata – often referred to as "sources" – of international law. This study is confined to the interaction between two of those strata, namely treaties and customs, and does not deal with the gene…

Sacerdoti, Giorgio Keywords: Foreign direct investment | Treaties | Mots clefs: Investissement | Traités | ABSTRACT In this course, Giorgio Sacerdoti examines and assesses the developments in bilateral treaties and recent initiatives as to multilateral instruments dealing with the promotion and protection of international investments. Investments from abroad have diversified in terms of type, sectors, and countries involved. These changes, in particular, have affected the role of developing countries as recipie…

Mestre, Achille Keywords: Treaties | International law and domestic law | Mots clefs: Traités | Droit international et droit interne | ABSTRACT In this course, Achille Mestre discusses some aspects of the question of the relationship between treaties and domestic law, and, mainly from the point of view of French public law, examines what positive solutions have been given to the question of the powers of the national judge with respect to treaties. The author examines the following questions: under what conditions ca…

Wolf, Francis Keywords: International labour law | Treaties | Labor | Mots clefs: Droit international ouvrier | Traités | Travail | ABSTRACT Using an example of International Labor conventions and the standards based on conventions as an attempt to demonstrate the importance of the principle of the interdependence of international instruments, the author successively examines: how do International Labor Conventions complement and integrate each other; how are other interested international organizations involved in t…

Berlia, G. Keywords: Interpretation | Treaties | Mots clefs: Interprétation | Traités | ABSTRACT The question of the interpretation of a legal act raises two main types of problems: the authority competent to interpret and the act to be interpreted. It is precisely the nature of the act to be interpreted, considers G. Berlia, as an essential element of his study. The author successively focuses on the true meaning of the terms "intention of the parties", the so-called clear act rule, the rule of useful effect…

Moulay Rchid, Abderrazak Keywords: Arab States | Children | Rights | Treaties | Islam | Islamic law | Mots clefs: Pays arabes | Enfants | Droits | Traités | Islam | ABSTRACT This course of Moulay Rchid, Professor at the University of Rabat, deals with the relation, the exchange, the ambiguity or the conflict between authenticity and modernity, between traditional Moslem law and positive law, between the law and the facts. The rights of the child in the international conventions and the solutions that have been adopted in the A…

Niboyet, J.-P. Keywords: Reciprocity | Legal principles | Private international law | Treaties | Mots clefs: Réciprocité | Principes généraux du droit | Droit international privé | Traités | ABSTRACT The theme developed by J.-P. Niboyet in his course is the relations that exist or rather should exist between the general principles of civil law and the treaties which are, after all, just the contracts between the States. After outlining a few general considerations, the author examines the patterns of diplomatic reciprocity, …