B. Lillich, Richard Keywords: Aliens | Human rights | Mots clefs: Etrangers | Droits de l homme | ABSTRACT Richard Illich, Professor at the University of Virginia School of Law, points out in the introduction to his course that the treatment of aliens has undergone significant changes over the centuries, both in theory and in practice. The author examines the current situation (at the time of writing his course) of aliens with regard to international law by showing the main challenges. He presents the recent codif…

Golsong, H. Keywords: Human rights | International law | Mots clefs: Droits de l'homme | Droit international | ABSTRACT Heribert Golsong asks, in the introduction to his study, whether the current situation in 1963, in which international law in its traditional form - even when it refers to the protection of individuals - does not set out from its basic principle of the law concerning exclusively to inter-State relations, ignoring the rights and duties of individuals, and corresponding to the main objective of int…

A. Cançado Trindade, A. Keywords: Human rights | Protection | International law | Mots clefs: Droits de l'homme | Protection | Droit international | ABSTRACT Mr. Cancado Trindade, Legal Adviser to the Brazilian Ministry of Foreign Affairs, describes the constant and considerable development of international protection of human rights, whether at the international level or at the regional level. The development has revealed the problems of cohabitation between the different systems. The subject of the course is the coexi…

Wilhelm, René-Jean Keywords: Non-international armed conflicts | Human rights | International humanitarian law | Mots clefs: Conflits armés non internationaux | Droits de l homme | Droit humanitaire international | ABSTRACT Rene-Jean Wilhelm considers three kinds of factors when dealing with the protection of the human person in non-international armed conflicts: the numerous internal conflicts that have occurred since 1949 and the application that has been made of article 3 of the Geneva Conventions in these situations, the …

Migliazza, Alessandro Keywords: Human rights | Laws of war | Use of force | International relations | International humanitarian law | Mots clefs: Droits de l homme | Droit de la guerre | Force | Relations internationales | ABSTRACT Alessandro Migliazza states that from the beginning of civilization, men faithful to the spirit of humanity have multiplied their efforts to prevent war and to regulate armed conflict. The efforts have laid the foundations of people’s rights: jus ad bellum and jus in bello are the first and perhaps the most important chapters in the science of int…

Vasak, Karel Keywords: Human rights | Mots clefs: Droits de l'homme | ABSTRACT Karel Vasak notes that the Universal Declaration is the source of inspiration and the source of law for modern international human rights law. However, not all the problems have been solved, and there are already some questions about the delimitation of the subject. For this reason, the author devotes his first chapter to a study of the content and delimitation of international human rights law. He examines the international human…

Ermacora, Felix Keywords: United Nations | Charter | Human rights | Jurisdiction | Mots clefs: Nations Unies | Charte | Droits de l homme | Juridiction | ABSTRACT The course of Felix Ermacora is based on a problem of crucial significance related to the relations between national law and international law, and more particularly, to the law of international organizations. The author, in the first instance, focuses on domestic jurisdiction in general. He then studies the general aspects of human rights in connection with dome…

Klein, Pierre Keywords: United Nations | Terrorism | International peace and security | International politics | Use of force | International relations | Human rights | Mots clefs: Nations Unies | Terrorisme | Sécurité internationale | Politique internationale | Force | Relations internationales | Droits de l'homme | ABSTRACT Pierre Klein, Professor at the Université libre de Bruxelles, begins his course by identifying the very notion of terrorism to report on the impact of terrorism on international law. He then takes a step backward and plac…

Yasuaki, Onuma Keywords: International law | Legal history | Legitimacy | International customary law | Sovereignty | Human rights | Mots clefs: ABSTRACT The twenty-first century will witness conflicts which may destabilize the international order. These conflicts are likely to arise between emerging Asian States such as China and India whose material power is growing, and the Western nations who wield significant ideational power. A West-centric international society will change to a multi-polar and multi-civilizatio…

Uribe Vargas, Diego Keywords: Human rights | International law and domestic law | Mots clefs: Droits de l'homme | Droit international et droit interne | ABSTRACT Diego Uribe Vargas, Colombian Ambassador to Paris, proposes in his lecture the elaboration of an international pact enshrining the rights of the third generation. Diego Uribe Vargas, Ambassadeur de Colombie à Paris, propose dans sa conférence l'élaboration d'un pacte international consacrant les droits de la troisième génération. [p357] Uribe Vargas, Diego LA TROISIÈME GÉNÉRATION DES DROITS DE L’HOMME Diego URIBE VARGAS1…

Arangio-Ruiz, Gaetano Keywords: European security | Human rights | Intervention | Acte final d'Helsinki | Mots clefs: Sécurité européenne | Droits de l homme | Intervention et non-intervention | Acte final de la Conférence sur la sécurité et la coopération en Europe (Helsinki, 1 août 1975) | ABSTRACT Gaetano Arangio-Ruiz, Professor at the University of Rome, focuses on a dispute that has arisen since the conclusion of the Conference on Security and Cooperation in Europe, on the impact of the non-intervention principle on international rules f…

Susana Najurieta, María Keywords: MinoChildren | Family law | Adoption | Private international law | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption (The Hague, 29 May 1993) | Children's rights | Human rights | Mots clefs: ABSTRACT This course aims to understand what the law can offer, through family law, comparative law, and private international law, for the well-being of children and the respect of their fundamental rights. Thus, this course is divided into a chapter-by-chapter study of the fu…

G. Bello, Emmanuel Keywords: Africa | Human rights | African Charter on Human and People's Rights (Banjul, 27 June 1981) | Mots clefs: Afrique | Droits de l homme | Charte africaine des droits de l homme et des peuples | ABSTRACT Emmanuel G. Bello, Legal Advisor at the Ministry of Justice in Harare, devotes his course to legal analysis of the African Charter on Human Rights and Peoples’ Rights, which was concluded in 1981. Emmanuel Bello notes that the charter reflects the will of OAU members in their effort to distinguish themselves fr…

Brown SCOTT, James Keywords: Human rights | International relations | Mots clefs: Droits de l'homme | Relations internationales | ABSTRACT Although James Brown Scott’s course deals with a specific subject of legal equality in international relations, it is in fact actually presented in two forms. The first form of the course is an overview of the concept of legal equality, and the second form is the application of the principle to three concrete situations, which concern exclusively America. The author successively…

Ortiz Ahlf, Loretta Keywords: Illegal immigrants | Immigration | Migration | Human rights | International law | Mots clefs: ABSTRACT After a short introduction explaining the actual state of undocumented migrants in the world, the course starts defining what an undocumented migrant in an irregular situation is. The main international human rights laws that apply are studied next by a text per text approach. The most frequently violated human rights in the case of migrants are then analyzed. Finally, a study display…

Lauterpacht, M.A., LL.D., H. Keywords: Human rights | Mots clefs: Droits de l homme | ABSTRACT H. Lauterpacht begins his course on The International Protection of Human Rights with a presentation of fundamental rights as conceived by the United Nations Charter. The author focuses on the United Nations Commission on Human Rights, including its formation, its functioning, and its role. He then examines the issue of the international declaration of human rights, including the problems related to its application and its content. H. Lauterpacht commence son cours sur la protection…

Meeusen, Johan Keywords: Equality | Human rights | Conflict of laws | Private international law | Mots clefs: ABSTRACT The impact of the nondiscrimination principle has been experienced in private international law after the Second World War. In this course, Johan Meeusen attempts to draw a contemporary view on the interaction between private international law and nondiscrimination, taking into account a specific perspective of the European Union and the Europeanization of private international law and to focus on…

Brown Weiss, Edith Keywords: International watercourses | Water | Shared natural resources | Conventions | Convention on the Law of the Non-Navigational Uses of International Watercourses (New York, 21 May 1997) | International dispute settlement | Human rights | International trade | World Trade Organization | General Agreement on Tariffs and Trade | International trade | Mots clefs: Cours d'eau internationaux | Eau | Ressources naturelles partagées | conventions | Convention sur le droit relatif aux utilisations des cours d'eau internationaux à des fins autres q…

Marrella, Fabrizio Keywords: Multinational enterprises | Human rights | Corporate responsibility ABSTRACT This course aims to understand how the international protection of human rights relates to the activities of transnational corporations in violation of these rights. The course begins by addressing the obligations to respect, protect and fulfill human rights. Since these obligations are state obligations, questions of jurisdiction and competence must be addressed. However, as corporations are now part o…

Fresnedo De Aguirre, Cecilia Keywords: Public policy | Private international law | America | Human rights | Ius cogens | American Convention on Human Rights (San José, 22 November 1969) | Mots clefs: ABSTRACT This course aims at demonstrating the existence of some fundamental principles that belong not only to some American States individually considered but that are shared by several, though not all, of them. It starts by developing the main concepts like national and international public policy and the scope of public policy t…

Séfériadès, Stelio Keywords: Individuals | Human rights | International courts | Access to justice | Mots clefs: Individus | Droits de l homme | Tribunaux internationaux | Accès aux tribunaux | ABSTRACT Stelio Seferiades, in the introduction to his course, quotes the resolution taken by the Institute of International Law at New York in 1929 that “It is the duty of every State to recognize the right of every individual to life, freedom, and property, and to grant to all, in its territory, full and complete protection of the rig…

Meziou, Kalthoum Keywords: European Union | Migration | Family life | Immigration | Foreign workeFamily reunion | Human rights | Domestic relations | France | Maghreb | Family law | Islamic law | Mots clefs: ABSTRACT The "conflict of civilizations" conveys a globalized and fixed vision of the Muslim world and conceals the changes that have affected, to varying degrees, family law, particularly in the Maghreb. The theme, revisited through family relations in the context of Euro-Maghreb migration, must be surpassed. The focus on fun…

M. Chinkin, Christine Keywords: United Nations | Human rights | International responsibility [p201] M. Chinkin, Christine BIOGRAPHICAL NOTE [p205] Christine Mary Chinkin, born 1949 in Kent, United Kingdom. Founding Director of the Centre for Women, Peace and Security at the London School of Economics and Political Science, a William W. Cook Global Law Professor at the University of Michigan (since 1999), and a member of the Bar of England and Wales and Matrix Chambers. Previous positions include Professor of International …

Hanqin, Xue Keywords: China | Public international law | International law | Sovereignty | International obligations | Human rights | Sustainable development | Multilateralism | Regionalism | Mots clefs: Chine | Droit international public | Droit international | Souveraineté | Obligations internationales | Droits de l'homme | Développement durable | Multilatéralisme | Régionalisme | ABSTRACT This class, given in 2012, starts with an introspection of the attitude of China towards international law in the last 60 years. The attention of the lecturer i…

Antonio Pastor Ridruejo, José Keywords: United Nations | Human rights | Mots clefs: Nations Unies | Droits de l homme | ABSTRACT In this course, José Antonio Pastor Ridruejo examines the interplay of politics and law in the special public procedures initiated by the United Nations Commission on Human Rights, through a comprehensive approach of harmoniously integrating the data provided in addition to the legal sciences through political science and the data of international relations. The author thus examines the ins…

N. Mandelstam, André Keywords: Human rights | International protection | Mots clefs: Droits de l homme | Protection internationale | ABSTRACT In the course on the International Protection of Human Rights, Andre Mandelstam distinguishes the positive human right from the intuitive human right. The author devotes the first part of the study to positive human rights and focuses on the framework of minority treaties, the movement for the generalization of the international protection of minorities, and the problem of the…

Swinarski, Christophe Keywords: Human rights | International humanitarian law | International protection | Individuals ABSTRACT In this course, Christophe Swinarski begins by examining the meaning of the term “individual” and shows how the concept of individual’s protection be profiled from now on to accommodate the legal world hitherto reserved to the States? The author presents an overview of the synergies between international humanitarian law and international human rights law and discusses the concept of …

Hamburger, Ernest Keywords: Human rights | International relations | Mots clefs: Droits de l homme | Relations internationales | ABSTRACT The course of Ernest Hamburger aims to clarify the relationship between the historical development of two phenomena: international relations and human rights. The goal of Ernest Hamburger's study is to draw attention to a field of research that has not been sufficiently explored so far, to open up perspectives and to make suggestions to scholars. The author begins his course by f…

Rideau, Joël Keywords: European Union | Human rights | Mots clefs: Union européenne | Droits de l'homme | ABSTRACT Joël Rideau, Professor at the University of Nice-Sophia-Antipolis, underlines in this course that the consideration of the protection of human rights has given rise to the emergence of a human rights protection system in the European Union (Chapter I). In the second chapter, Professor Rideau observes that the development of legal protection of human rights in international law and domestic law constit…

Michael Reisman, W. Keywords: International law | International regime | Development of international law | Decision-making | Sovereignty | Human rights | Subjects of international law | Individuals | Use of force | Mots clefs: Droit international | Régime international | Développement du droit international | Prise de décisions | Souveraineté | Droits de l'homme | Sujets du droit international | Individus | Force | ABSTRACT The point of these lectures, given in 2012, is to elaborate a framework to understand the place of practitioners, and others affected by …

Cassin, René Keywords: Human rights | Mots clefs: Droits de l'homme | ABSTRACT The speech of Rene Cassin, President of the International Institute for Human Rights in Strasbourg and Nobel Peace Prize Winner, gives an introduction to all the courses that the Academy devotes this year to human rights, including the course of Karel Vasak. L'intervention de René Cassin, Président de l'Institut international des droits de l'homme de Strasbourg et Prix Nobel de la Paix, se veut une introduction à l'ensemble des cours que l'Académie consacre cette année-là…

Kinsch, Patrick Keywords: Human rights | Private international law | Judicial competence | International law of procedure | Mots clefs: Droits de l'homme | Droit international privé | Compétence judiciaire | Droit international de procédure | ABSTRACT Patrick Kinsch, Attorney at Law in Luxembourg, assigns to his course the aim of demonstrating that there is no radical incompatibility between reasoning in terms of human rights and the application of specific methods to private international law. A peaceful, even enriching, coexisten…

Pisillo Mazzeschi, Riccardo Keywords: Human rights | International obligations | Infraction | State responsibility | Mots clefs: Droits de l’homme | Obligations internationales | Violation | Responsabilité des Etats | ABSTRACT Riccardo Pisillo Mazzeschi, Professor at the University of Siena, points out in the introduction to his course that the subject of positive obligations of States in the field of international human rights protection and the possible violation of obligations has acquired an increasing importance, both fr…

Ruiz De Santiago, Jaime Keywords: Human rights | Migration | Refugees ABSTRACT From the 19th century, human migratory movements have reached very significant proportions. The phenomenon of migration owes its importance not only to its increasing growth, but also to its importance in international law. In this course, Jaime Ruiz De Santiago explores some of the characteristics of these migratory movements and the consequences that they have had on the level of international law. The author outlines some of t…

Morin, Jacques-Yvan Keywords: Constitutional state | Human rights | Constitutional law | Legal principles | International law | Mots clefs: Etat de droit | Droits de l'homme | Droit constitutionnel | Principes généraux du droit | Droit international | ABSTRACT Jacques-Yvon Morin, Professor at the University of Montreal, proposes in his course to measure the effectiveness of the principles of rule of law and the rules which result from it, not only within the State, but also on the international stage, where their increasing interdepen…

Daniel Cooper and Christopher Kuner Keywords: Data protection | Personal data | Privacy | Alternative dispute resolution | International commercial arbitration | International dispute settlement | Human rights | Mots clefs: ABSTRACT With the internet and the globalized nature of commerce and communication, we have seen the development of data protection law and international dispute resolution. Indeed, some concepts specific to data protection, such as privacy, personal or sensitive data, localization, lead to de the developme…

Caminos, Hugo Keywords: Organization of American States | Democracy | Human rights | Intervention | Mots clefs: Organisation des Etats américains | Démocratie | Droits de l'homme | Intervention | ABSTRACT The question of the international standards of legitimacy of government is attracting the attention of legal scholars. In this course, the author explains the concept of distinguishing between the promotion and protection of democratic governance. He examines the question of representative democracy in the Organization of Am…

Benvenisti, Eyal Keywords: Global governance | International organizations | International administrative law | Human rights | Decision-making | Sovereignty | International law | Mots clefs: ABSTRACT This course aims to have a broad understanding of global governance, and starts, after a short introduction, by explaining the emergence of global governance and the corresponding need to regulate it. Therefore, the normative basis for regulation of global governance is studied, first the ultra vires doctrine, then human rig…

Bastid, Paul Keywords: France | Revolutions | 1848 | International law | Human rights | Mots clefs: France | Révolutions | 1848 | Droit international | Droits de l homme | ABSTRACT According to Paul Bastid, although not as important as the date of 1789, the date of 1848 can only be compared to it for the importance of its repercussions in the field of relations between States. In a first chapter, the author analyzes the elements of problems in the international order due to the 1848 Revolution. He then examines its action in t…

Novak, Fabián Keywords: Human rights | Americas ABSTRACT The Inter-American Court of Human Rights has both contentious and advisory jurisdiction. In this course, Fabián Novak first presents a general overview of the Court tracing its origins to the idea formed at the Inter-American Conference on Problems of War and Peace, Chapultepec, February 1945. The author discusses the general aspects of reparations in international law in the context of the obligation to make reparations as a basic principle of th…

Schreiber, Marc Keywords: United Nations | Human rights | International Covenant on Civil and Political Rights (New York, 16 December 1966) | Racial discrimination | Mots clefs: Nations Unies | Droits de l homme | Pacte international relatif aux droits civils et politiques (New York, 16 décembre 1966) | Discrimination raciale | ABSTRACT The subject of Marc Schreiber's course is that of the second breakthrough in the barriers that traditional law of nations have established to protect the States, the topical subjects in international law, against a…

Cassin, R. Keywords: United Nations | Human rights | Universal Declaration of Human Rights (New York, 10 December 1948) | Mots clefs: Déclaration universelle des droits de l homme | ABSTRACT While the First World War was fought ideologically for the independence of Nationalities and for the establishment of collective Security and of international peace, Rene Cassin writes in the introduction to his course that the Second World War was essentially a crusade for Human Rights. In the first part of his course, Rene Cassin presen…

Dumas, Jacques Keywords: Human rights | Mots clefs: Droits de l homme | ABSTRACT International public law, like the international private law and, moreover, like all the branches of domestic law, if we consider the branches of law from the point of view of their essential goal, notes Jacques Dumas, is based on the principle, inspiration, and ultimate disposition of human protection, human safety, and human rights. The author thus successively considers the human rights and the ideal sphere of law, freedom of …