Zemanek, Karl Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Karl Zemanek proposes to focus his general course on public international law on the role that the fundamental rules of public international law play in the functioning of the international system, those rules that constitute the legal foundation of public international law. Since these rules are the foundations of a political system, they must be viewed in their political context. This approach makes it neces…

B. Cowles, Willard Keywords: Federal states | Public international law | United States of America | Mots clefs: Etats fédéraux | Droit international public | Etats-Unis d’Amérique | ABSTRACT Willard B. Cowles devotes his course to the way in which International law is applied between subdivisions of federations. After a general part of his study focusing on ancient Greece and Rome, the American Indian tribes, the Swiss Cantons, and Germany, the author offers an in-depth examination of the position of the United States of Am…

Bilfinger, Carl Keywords: States | Public international law | Mots clefs: Etats | Droit international public | ABSTRACT There is one word of Goethe in an allusion, which refers to the nature of conversation of Madame de Stael, notes Carl Bilfinger: “Philosophizing, in the world, indicates conversing in an animated manner on unresolvable problems”. One can be tempted to affirm the same thing about a conversation on the fundamental bases of human rights. There is, perhaps, a way of getting away, continues the autho…

Cahier, Philippe Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The subject of Philippe Cahier’s course, Professor at the Graduate Institute of International Studies in Geneva, is to examine whether, following the Second World War and the upheavals it caused, and taking into account the origin of international law, the course has subjected to profound changes or whether, apart from criticisms which are often hasty and which are addressed to him, the course has only been…

Friedmann, W. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The growth of the world's population combined with the depletion of mineral resources, deforestation, pollution, and other climate changes creates new challenges to international law. Wolfgang Friedmann builds his course on theme about the emergence of an international law of cooperation, which is added to the international law of coexistence. The author shows in this course that the ability of nations to deve…

McLachlan, Campbell Keywords: Exception de litispendance | International law of procedure | Private international law | Public international law | International arbitration | International commercial arbitration | Mots clefs: Litispendance | Droit international de procédure | Droit international privé | Droit international public | Arbitrage international | Arbitrage commercial international | ABSTRACT Campbell McLachlan, Professor at Victoria University of Wellington, devotes his course to lis pendens in international law. After a detailed intro…

Mahmassani, Sobhi Keywords: Islam | Public international law | Mots clefs: Islam | Droit international public | ABSTRACT The objective of Sobhi Mahmassani's course is to show that the main principles of international law are in accordance with a doctrine or philosophy of Islam and are perhaps even a part of the doctrine. After a presentation of general prolegomena, the author focuses on the law of peace from an Islamic perspective, and on the law of war according to Islam (the concept of Jihad or just war, acts of hostility, the treatment of enemy people, and the treatment of enemy property). L…

Verhoeven, Joe Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Joe Verhoeven, Professor at the University of Paris II, highlights in the introduction to his general course on public international law, that the substantive or primary rules, which impose on subjects of law of commands with which the rules must comply, are the least legally interesting. In fact, they do not demonstrate in any way the inherent genius of the "legal" normativity to which the rules belong. The …

H. Alexandrowicz, C. Keywords: Africa | Public international law | Asia | Mots clefs: Afrique | Droit international public | Asie | ABSTRACT The course of C.H. Alexandrowicz course aims at examining the circumstances in which the countries of Asia and Africa entered into the orbit of public international law, and at studying the legal institutions performing this entry or accompanying it. The author focuses in the first case on Asian countries and then on African countries. Le cours de C.H. Alexandrowicz a pour objet d'examiner les circonstances dans lesquelles les pays …

Kelsen, Hans Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this course on General Theory of Public International Law, Hans Kelsen does not intend to make a presentation of positive international law. He presents a theory, that is to say, an examination of the nature of international law, its originality, which separates it from the norms that we are accustomed to consider as the law par excellence, from the norms of state law. Hans Kelsen successively examines, from…

Dupuy, René-Jean Keywords: France | Revolutions | Public international law | Mots clefs: France | Révolutions | Droit international public | ABSTRACT In this conference devoted to the French Revolution in its relations with contemporary international law, Rene-Jean Dupuy, Professor at the College de France, is interested on one hand in revolutionary universalism (Universal Declaration of Rights of Man and of the Citizen and pacifist ideology) and on the other hand in nationalism (sovereignty of the nation-state and r…

Bedjaoui, Mohammed Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this very detailed course, a true legal testament left by the Former President of the International Court of Justice, Mohammed Bedjaoui intends to question himself, keeping in mind the strong idea of human happiness as it appears in the writing of Thomas Jefferson, to know whether and how international law can, if the major objectives of peace and development are not achieved, at least contribute a lit…

Herrero, Alejandro Keywords: Spain | Public international law | Legal history | Mots clefs: Espagne | Droit international public | Histoire du droit | ABSTRACT After a general presentation of Spain's international law practice in the 18th century, Alejandro Herrero presents some authors and their works. He focuses on the concept of Jus Gentium among the 18th century Spanish authors. He presents a debate on the domination or instead on the freedom of the sea. The author discusses the subsequent developments on the issue of maritime warfare. Après une présentation générale de la pro…

Mosler, H. Keywords: Municipal courts | International law and domestic law | Public international law | Mots clefs: Droit international public | Droit international et droit interne | ABSTRACT The relations between the international community and States and, consequently, the relation of international law to domestic law, can be considered from the point of view of international law or from the point of view of domestic law. H. Mosler chooses to adopt the point of view of the courts. After a general presentation of the rela…

Roger Pinto, M. Keywords: Prescription | Public international law | Mots clefs: Prescription | Droit international public | ABSTRACT The prescription is not a revolutionary institution, writes Roger Pinto in the introduction to his course, but a principle of conservation. It will not be surprising, he continues, that the authors of the explanatory memorandum to the title of the prescription in the French Civil Code report the prescription "of all the institutions of civil law, the most necessary to the social orde…

Kalshoven, Frits Keywords: Armament | Public international law | Mots clefs: Armements | Droit international public | ABSTRACT After presenting some considerations on the Ius ad bellum, namely the rules governing the use of force by States in the conduct of international relations, the author focuses in detail and in depth on the Ius in bello, namely the rules governing the use of arms during the armed conflict. To allow a better understanding of these rules and principles, the author puts the question in a histo…

Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists pri…

E. Corbett, P. Keywords: Sociology | Public international law | Mots clefs: Sociologie | Droit international public | ABSTRACT P. E. Corbett emphasizes in the introduction to his course on the Social Basis of a Law of Nations, we are struck by the extreme rarity of consideration of fixed and precise ones when we examine in detail the mass of materials classified on behalf of international law. The author argues that this lack of precision is certainly inherent in the particular nature of the subject to which inter…

Stanislaw Korowicz, Marek Keywords: Sovereignty | Public international law | Mots clefs: Souveraineté | Droit international public | ABSTRACT In this course, M.S. Korowicz presents Some Present Aspects of Sovereignty in International Law. After a presentation of the prevailing doctrine, the author focuses on the sovereignty and equality of States in international law practice. The author discusses the topics of domestic jurisdiction and non-intervention. Finally, the author examines the scope and limits of sovereignty. Dans ce cours, M.S. Korowicz présente quelques as…

Bedjaoui, Mohammed Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT This article by Mohammed Bedjaoui, Former President of the International Court of Justice, is the second part of his course on Humanity in Search for Peace and Development (published in volumes 324 and 325 of the Collected Courses of the Hague Academy of International Law). This volume includes the end of the first part (peace, a conquest..., which remains a quest), devoted to the pacifying function of th…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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…