Collected Courses of the Hague Academy of International Law

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Des conflits entre principes abstraits et stipulations conventionnelles (Volume 48)

(25,357 words)

Author(s): Ray, Jean
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…

La codification par traités en droit international privé dans le cadre de la Conférence de La Haye (Volume 122)

(30,220 words)

Author(s): H. Van Hoogstraten, M.
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 intern…

Les accords régionaux et le droit international (Volume 71)

(35,415 words)

Author(s): M. Yepes, J.
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…

Treaties and their Practice – Symptoms of their Rise or Decline (Volume 392)

(78,359 words)

Author(s): Nolte, Georg
Nolte, Georg Keywords: Treaties | Law of treaties ABSTRACT Treaties are binding legal texts and come into existence by a political and legal process. In this course, Georg Nolte describes the development of some important treaties from the perspective of their practice with an aim to explore the meaning of different forms of practice for the life of treatments and for their interpretation. The author outlines the major peace treaties that existed prior to the UN Charter and discusses the issue of collect…

Why do we Need a Law of Treaties ? Inaugural Lecture (Volume 385)

(8,523 words)

Author(s): Franklin Berman, Sir
Franklin Berman, Sir Keywords: Treaties | Law of treaties ABSTRACT In this course, the author touches on what we expect a law of treaties to be and to do and on whether those principles and rules we have achieve these aims. He argues that it was not until the creation of the International Law Commission in the early years of the United Nations that a more consciously systematic attempt was made to look at the subject of treaties in the round, or as a whole. The author discusses the two main obstacles that…

Legal Dimensions of Arms Control Agreements An Introductory Overview (Volume 377)

(57,534 words)

Author(s): Tuzmukhamedov, Bakhtiyar
Tuzmukhamedov, Bakhtiyar Keywords: Arms control | Weapons of mass destruction | Conventional weapons | International agreements | Treaties | International peace and security | Mots clefs: ABSTRACT This course is intended to acquaint a lecturer with the notions of regulation of arms control and disarmament processes and the specificity of the development of regulatory norms. It also treats negotiating bodies and other places where those norms are deliberated and crafted. The discussion starts with definitions and other gen…

The Interaction between Customary International Law and Treaties (Volume 322)

(72,359 words)

Author(s): Dinstein, Yoram
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…

Reservations to Treaties (Volume 146)

(44,424 words)

Author(s): M. Ruda, J.
M. Ruda, J. Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT J. M. Ruda points out in the introduction to his course that the question of reservations to multilateral treaties has been one of the most controversial subjects of contemporary international law. The author aims in his course to show how the international law has to change for dealing with this issue, and aims to confirm that law is not and should never be an end in itself, but only a mode of regulating society or a com…

The Juridical Clauses of the Peace Treaties (Volume 73)

(41,078 words)

Author(s): G. Fitzmaurice, G.
G. Fitzmaurice, G. Keywords: World War II | Peace | Treaties | Mots clefs: Guerre mondiale de 1939 | Paix | Traités | ABSTRACT In his course on the Judicial Clauses of the Peace Treaties, G.G. Fitzmaurice refers to the peace treaties as the treaties signed with Italy, Romania, Bulgaria, Hungary, and Finland and entered into force in 1947. After an introduction devoted to the peace treaties, the author examines the territorial clauses, the political clauses, the military clauses, economic clauses, financial clauses, and commercial clauses of the peace treaties. Dans son cours sur les …

La notion de réciprocité dans les traités diplomatiques de droit international privé (Volume 52)

(40,503 words)

Author(s): Niboyet, J.-P.
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, …

The North Atlantic Treaty of 1949 (Volume 79)

(19,146 words)

Author(s): L. Goodhart, A.
L. Goodhart, A. Keywords: North Atlantic Treaty Organization | Treaties | Mots clefs: Organisation du Traité de l Atlantique Nord | Traité | ABSTRACT A. L. Goodhart writes in the introduction to his 1951 course that there is no doubt that the North Atlantic Treaty of 1949 is, from a practical point of view, the most important international agreement since the creation of the United Nations. The North Atlantic Treaty Organization (NATO) was established and substantial investments have already been spent on the implement…

Bilateral Treaties and Multilateral Instruments on Investment Protection (Volume 269)

(84,067 words)

Author(s): Sacerdoti, Giorgio
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…

Droit et technique des traités de commerce (Volume 3)

(72,537 words)

Author(s): Bon Boris Nolde, le
Baron Boris Nolde, le Keywords: International trade | Treaties | Mots clefs: Commerce international | Traités | ABSTRACT Boris Nolde begins his course on the Law and the Technique of Commercial Treaties with a history of commercial treaties, from the Middle Ages to Post First World War period. The author then studies the form of commercial treaties and the contracting parties in commercial treaties. The author also focuses on customs territories, the merchant, freedom of trade, conventional customs tariffs, the m…

Les traités et le droit interne (Volume 38)

(25,373 words)

Author(s): Mestre, Achille
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…

L’interdépendance des conventions internationales du travail (Volume 121)

(36,686 words)

Author(s): Wolf, Francis
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…

Contribution à l’interprétation des traités (Volume 114)

(15,260 words)

Author(s): Berlia, G.
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…

Les droits de l’enfant dans les conventions internationales et les solutions retenues dans les pays arabo-musulmans (Volume 268)

(110,269 words)

Author(s): Moulay Rchid, Abderrazak
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…

Les effets de la guerre sur les traités (Volume 59)

(18,454 words)

Author(s): D. Mc Nair, Arnold
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…

Reservations to Treaties (Volume 103)

(36,514 words)

Author(s): W. Bishop, Jr., William
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…

L’interprétation des traités d’après la Convention de Vienne sur le droit des traités (Volume 151)

(37,178 words)

Author(s): Kamil Yasseen, Mustafa
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…
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