Collected Courses of the Hague Academy of International Law

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Les servitudes internationales (Volume 45)

(24,033 words)

Author(s): Dwight Reid, Helen
Dwight Reid, Helen Keywords: Servitudes | Public international law | Mots clefs: Servitudes | Droit international public | ABSTRACT Helen Dwight Reid says that the doctrine of servitudes has received little attention from those who have studied the law of nations: the fundamental principles are little understood, and its practical application is almost ignored. The servitudes are not necessarily, or even ordinarily, charges imposed by one State on another, to the advantage of the first alone; rather, they are righ…

Public International Law Paradoxes of a Legal Order (Volume 158)

(36,428 words)

Author(s): Wengler, Wilhelm
Wengler, Wilhelm Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Wilhelm Wengler, Professor Emeritus of the Free University of West Berlin, examines in his course the four paradoxes encountered by a jurist trained in the domestic law of a Western state: it is its system of legal sanctions, which is decisive for conceiving public international law as a legal order; there is no legal rule given for the judicial determination of concrete violations of international law; its…

Théorie du droit international public Cours général (Volume 173)

(170,386 words)

Author(s): Truyol Y Serra, Antonio
Truyol Y Serra, Antonio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his general course on public international law, Antonio Truyol y Serra attempts to find out what is constant and new, or possibly renewal, in the current evolution - to draw up, so to speak, an assessment that does not disdain to take into account the extra-legal factors, which contributed or contribute to the configuration of the principles and rules of public international law as they are presente…

La communauté internationale (Volume 3)

(38,419 words)

Author(s): S. Reeves, Jesse
S. Reeves, Jesse Keywords: States | Relations | Public international law | Mots clefs: Etats | Relations | Droit international public | ABSTRACT Jesse Reeves proposes in this course to examine the nature of the International Community. In an effort to bear in mind the very facts of international life, the author sought the fundamental data or major principles that enabled him to establish a valid hypothesis, at least in the field of international law. After observations on the method employed, the author examines Grot…

Modern Constitutions and International Law (Volume 192)

(57,204 words)

Author(s): Cassese, A.
Cassese, A. Keywords: Constitutional law | Public international law | Mots clefs: Droit constitutionnel | Droit international public | ABSTRACT Antonio Cassese, Professor at the University of Florence, describes in his course the attitude that modern states adopt toward the international community, insofar as this attitude is described in constitutional texts. More specifically, Antonio Cassese examines whether these States, in their constitutional texts, and to the extent that this is available, in their constitut…

Reactions by Not Directly Affected States to Breaches of Public International Law (Volume 248)

(34,913 words)

Author(s): A. Frowein, Jochen
A. Frowein, Jochen Keywords: Public international law | Ius cogens | Multilateral treaties | Mots clefs: Droit international public | Jus cogens | Traités multilatéraux | ABSTRACT This course by Jochen Frowein, directeur of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, is devoted to an issue that has become increasingly prominent in the past decades. Until about 1970 it was agreed that international law, as far as violations and counter-measures were concerned, operated in a bila…

The Relations between International Law and Conflict Law (Volume 105)

(25,696 words)

Author(s): Hambro, Edvard
Hambro, Edvard Keywords: Public international law | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT The purpose of Edvard Hambro's course is to give an introduction to the study of the relations between private international law and public international law. For this study, the author understands all the rules of international law based on treaties, international custom, and general principles of law commonly applied by States, international organizations, and…

Les règles spécifiques du droit international en Amérique latine (Volume 235)

(53,545 words)

Author(s): A. Barberis, Julio
A. Barberis, Julio Keywords: Latin America | Public international law | Mots clefs: Amérique latine | Droit international public | ABSTRACT In this course, Julio A. Barberis addresses the question of whether, within the framework of the international legal order, there are standards applicable only in a particular regional area or whether, on the contrary, all these standards are universal in scope. In the first part of the course, the author provides the necessary elements to identify the various standards that con…

Méthodes de recherche de la coutume internationale dans la pratique des États (Volume 192)

(37,052 words)

Author(s): Ferrari Bravo, Luigi
Ferrari Bravo, Luigi Keywords: International customary law | Public international law | Mots clefs: Droit coutumier international | Droit international public | ABSTRACT Luigi Ferrari Bravo, Professor at the University of Rome, examines in his course the manifestations of the practice of States with regard to research methodologies of international custom (diplomatic and legislative practice, jurisprudence of national courts, practice of international negotiations ...). The author devotes an important place to the pra…

The Relationship between Public and Private Law and the Rules of Conflict of Laws (Volume 102)

(41,648 words)

Author(s): Riphagen, W.
Riphagen, W. Keywords: Public order | Private international law | Public international law | Public law | Mots clefs: Ordre public | Droit international privé | Droit international public | Droit public | ABSTRACT W. Riphagen points out in the introduction to his course that the relationship between public international law and private international law is not one of the issues of greatest concern to lawyers in the field; it has given rise to many theoretical debates. The author successively focuses on the technique of conflict …

The General Principles Of International Law Considered from the Standpoint Of the Rule of Law (Volume 92)

(82,793 words)

Author(s): Gerald Fitzmaurice K. C. M. G., Q. C., Sir
Gerald Fitzmaurice K. C. M. G., Q. C., Sir Keywords: Legal principles | Public international law | Rule of law | Mots clefs: Principes de droit | Droit international public | ABSTRACT For his course on the General Principles of International Law, Gerald Fitzmaurice considers international law from the point of view of the rule of law. After an introduction to the themes developed in his course, the author discusses the first theme (automaticity) and asserts that international law is automatically and ipso facto binding upon St…

The 1969 Vienna Convention on the Law of Treaties — 40 Years After (Volume 344)

(69,394 words)

Author(s): E. Villiger, Mark
E. Villiger, Mark Keywords: Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Legal history | International customary law | Law of treaties | Public international law | Mots clefs: Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | Histoire du droit | Droit coutumier international | Droit des traités | Droit international public | ABSTRACT The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This course analyses how the Convention has been applied by …

International Law in the Age of Human Rights (Volume 301)

(178,057 words)

Author(s): Meron, Theodor
Meron, Theodor Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his course, Theodor Meron, President of the International Tribunal for the Former Yugoslavia, sets out to study the influence of human rights on general international law. Although human rights are central to this course, this is not a course about human rights, but rather about the reforming effect that human rights have on other fields of public international law. By examining most of the general areas o…

Le fondement du caractère obligatoire du droit international public (Volume 80)

(19,471 words)

Author(s): Quadri, Rolando
Quadri, Rolando Keywords: Legal philosophy | Public international law | Legal theory | Mots clefs: Philosophie du droit | Droit international public | Théorie du droit | ABSTRACT The life of the international community, not less than the life of the state communities, is the object of a system of rules, which are regarded as compulsory by States and have always evoked the idea of law. In this course, Rolando Quadri explains the reasons why the rules of international law are compulsory and the reasons why the rules force St…

Pouvoir scientifique et droit international (Volume 70)

(21,546 words)

Author(s): Bourquin, Maurice
Bourquin, Maurice Keywords: Science | Public international law | Technical sciences | Mots clefs: Sciences | Droit international public | Sciences techniques | ABSTRACT Maurice Bourquin points out in the introduction to his course that we are now looking at a contradiction. On one hand, the progress of science shows the anarchy of sovereignty as an anachronism incompatible with the needs of modern society; but on the other hand, the establishment of an effective international order is confronted with the resistance of …

Cours général de droit international public (Volume 136)

(78,670 words)

Author(s): De Visscher, Paul
De Visscher, Paul Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Paul de Visscher, Professor at the Catholic University of Louvain, begins his course on public international law by presenting some general concepts relating to the concept and characters of the international legal order, the problem of relations between systems, and recipients and subjects of the international legal order. He then examines the development of international law and thus focuses on custom, in…

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 crise et les transformations du droit des gens (Volume 88)

(35,378 words)

Author(s): L. Kunz, Josef
L. Kunz, Josef Keywords: Development of international law | Public international law | International organizations | Mots clefs: Développement du droit international | Droit international public | Organisations internationales | ABSTRACT Josef Kunz writes in 1955 that we speak a lot about “crisis of the law of nations” among laymen, statesmen, and even among the representatives of the science of the law of nations. For some, it is a source of resignation, for the others it is a source of hope. It is not surprising, therefore,…

Cours général de droit international public (Volume 207)

(166,712 words)

Author(s): Abi-Saab, Georges
Abi-Saab, Georges Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Georges Abi-Saab, Professor at the Graduate Institute of International Studies in Geneva, chooses a dual-axis investigation in his general course on public international law in order to present a significant overview of the subject: on one hand, to highlight how international law functions as a legal system, that is, how norms, institutions, and mechanisms articulate with respect to each other to form a wh…

Transactions between States and Public Firms and Foreign Private Firms (A Methodological Study) (Volume 136)

(47,211 words)

Author(s): Goldschmidt, Werner
Goldschmidt, Werner Keywords: State contracts | Public international law | International commercial law | Mots clefs: Droit international public | Droit commercial international | ABSTRACT Werner Goldschmidt presents, in the introduction of this course devoted to a methodological study of transactions between States and public firms and foreign private firms, the methods dealing with the subject: normology and trialism. In the primary part of his course, the author presents, on one hand, a normological approach to trans…

Engagements parallèles et contradictoires (Volume 206)

(102,644 words)

Author(s): Roucounas, Emmanuel
Roucounas, Emmanuel Keywords: Norms | Public international law | Mots clefs: Normes | Droit international public | ABSTRACT Emmanuel Roucounas, Director of the Department of International Studies (Legal Studies) of the Faculty of Legal, Economic, and Political Sciences of the University of Athens, points out in the introduction to his course that the norms of international law generally realize a parallel development, adapting the law to the needs of the changing international community. However, contradictions, …

The Strengthening of International Law (Volume 98)

(98,704 words)

Author(s): Wright, Quincy
Wright, Quincy Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his course on Strengthening of International Law, Quincy Wright explores the possibility of improving five external factors that are detrimental to the effectiveness of international law. He thus proposes to answer the following questions: Can the concept of Empire be replaced, in the minds of peoples and governments, by the concept of internationalism of the United Nations? Can the potentialities of milit…

Restitution of Works of Art pursuant to Private and Public International Law (Volume 288)

(94,791 words)

Author(s): W. Kowalski, Wojciech
W. Kowalski, Wojciech Keywords: Monuments of architecture, art or history | Restitution | Private international law | Public international law | Cultural heritage | Private international law | Cultural heritage | Mots clefs: Monuments d’architecture, d art ou historiques | Restitution | Droit international privé | Droit international public | ABSTRACT Professor Wojcieh W. Kowalski devotes his course to an analysis of the reasons justifying the distinction between cultural property and other types of property, and to the description of the princi…

International Law In Theory And Practice General Course in Public International Law (Volume 178)

(153,231 words)

Author(s): Schachter, Oscar
Schachter, Oscar Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this general course on public international law, Ocar Schachter, Professor at Columbia University in New York, successively addresses fifteen important topics of public international law: the nature and reality of international law; policies, objectives, and rules in a divided world; the quest for objectivity: sources, academics, and judges; general principles and equity; international lex scripta; resol…

Droit international et souveraineté des États Cours général de droit international public (Volume 257)

(63,804 words)

Author(s): Carrillo-Salcedo, Juan-Antonio
Carrillo-Salcedo, Juan-Antonio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT According to Juan-Antonio Carrillo-Salcedo, Professor at the University of Seville, the general course of The Hague Academy of International Law offers the person to express his personal representation of international law envisaged as a whole and in its fundamental data. Professor Carrillo-Salcedo devotes a preliminary chapter to the functional character of sovereignty. In the first part of t…

Problems Confronting Sociological Enquiries concerning International Law (Volume 89)

(43,712 words)

Author(s): Stone, D.C.L., S.J.D., Julius
Stone, D.C.L., S.J.D., Julius Keywords: Sociology | Public international law | Mots clefs: Sociologie | Droit international public | ABSTRACT Julius Stone studies in this course the relationship between international law and social, political, and economic facts that are relevant to the understanding of its origins, sustainability, changes, and judgments that mark its development. After an introduction to the problem of sociology of international law, the author examines the prerequisites for sociological studies, …

Cours général de droit international public (Volume 248)

(126,408 words)

Author(s): Capotorti, Francesco
Capotorti, Francesco Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this course, Francesco Capotorti, Professor of the University of Rome, gives a systematic overview of public international law. He presents the main issues that public international law is facing today. After analyzing the characteristics of the international community and its law, Professor Capotorti elaborates on the following topics: the various subjects of international law; the bodies that make …

Les principes de droit international public (Volume 80)

(63,856 words)

Author(s): Guggenheim, Paul
Guggenheim, Paul Keywords: Public international law | Legal principles | Mots clefs: Droit international public | Principes de droit | ABSTRACT In this course, Paul Guggenheim first examines the position of natural law in positive law and the concept of legal sociology. The author discusses the rules related to the modern law of nations: the rules that have not changed in substance since their creation; the norms that are influenced by changes in the political and economic infrastructure; and the rules that are rapi…

Chinese Contemporary Perspectives on International Law History, Culture and International Law (Volume 355)

(76,656 words)

Author(s): Hanqin, Xue
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…

International Law and the Avoidance, Containment and Resolution of Disputes General Course on Public International Law (Volume 230)

(126,477 words)

Author(s): Higgins, Rosalyn
Higgins, Rosalyn Keywords: International disputes | Public international law | Mots clefs: Différends internationaux | Droit international public | ABSTRACT In this course, Rosalyn Higgins, Professor at the London School of Economics and Political Science, has two main tasks. First, he attempts to show that an essential and inevitable choice must be made between the perception of international law as a system of neutral rules and international law as a decision-making system directed toward the realization of claim…

General Course of Public International Law, 1965 (Volume 115)

(132,954 words)

Author(s): W. Bishop, WM.
W. Bishop, WM. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT For William Bishop, one of the best ways to approach an international law is to ask the questions for what purposes and by whom. After an introduction to his General Course on Public International Law in which he describes the history of international law and speculates whether it is really law, the author focuses on the application - at the international level - of international law, the relations between dom…

Rapports entre facteurs matériels et facteurs formels dans la formation du droit international (Volume 199)

(21,042 words)

Author(s): Šahović, Milan
Šahović, Milan Keywords: Development of international law | Public international law | Mots clefs: Dro…

Le fait dans l’application du droit international (Volume 175)

(54,979 words)

Author(s): J. A. Salmon, Jean
J. A. Salmon, Jean Keywords: Factfinding | Public international law | Mots clefs: Faits | Droit international public | ABSTRACT The course of Jean Salmon, Director of the Institute of Sociology of the Université libre de Bruxelles, is devoted to the study of fact in the application of law. The author intends to analyze the role of juridical fact when international law is applied to…

L’Islam et le droit des gens (Volume 60)

(48,719 words)

Author(s): Rechid, Ahmed
Rechid, Ahmed Keywords: Islam | Public international law | Mots clefs: Islam | Droit international public | ABSTRACT After a presentation of some preliminary concepts on Islam and Law of Nations, especially with regard to the political state of the world at the time of Muhammad, Ahmed Rechid focuses on the international relations in the state of peace, then on international relations in the state of war and on what Islam authorizes and prohibits in international relations. Après l'exposé de quelques notions préliminaires sur l'Islam et le droit des gens, notamment …

The International Society as a Legal Community (Volume 140)

(119,860 words)

Author(s): Mosler, Hermann
Mosler, Hermann Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his general course on public international law, Hermann Mosler, Judge of the International Court of Justice, studies the international law from the perspective of international society as a legal community. After a presenta…

Public Law in the International Arena : Conflict of Laws, International Law, and Some Suggestions for Their Interaction (Volume 163)

(56,733 words)

Author(s): F. Lowenfeld, Andreas
F. Lowenfeld, Andreas Keywords: Private international law | Public international law | Mots clefs: Droit international privé | Droit international public…

The Formation of Customary International Law (Volume 272)

(111,681 words)

Author(s): H. Mendelson, Maurice
H. Mendelson, Maurice Keywords: International customary law | Public international law | Mots clefs: Droit coutumier international | Droit international public | ABSTRACT Maurice Mendelson, professor at University College, London, insists in his course on the formation of customary international law on the fact that when we think of customary law-making in the international community, we should be thinking less of the modern legal process than of the customary domestic societies which existed everywhere in the past, b…

Economic Order and International Law (Volume 86)

(22,819 words)

Author(s): Röpke, Wilhelm
Röpke, Wilhelm Keywords: Economy | Public international law | Mots clefs: Economie | Droit international public | ABSTRACT In this course, Wilhelm Ropke intends to make explicit the connection between international law and international economy, as the belief in an autonomous economic sphere is erroneous, since economic life depends on a series of meta-economic circumstances, which constitute a moral, political, social and legal framework. After a presentation of the problem it arises, the author studies internat…

Non-alignement et droit international (Volume 151)

(42,220 words)

Author(s): Bedjaoui, Mohammed
Bedjaoui, Mohammed Keywords: Non-Aligned Countries | Public international law | Non-alignment | Mots clefs: Pays non-alignés | Droit international public | Non-alignement | ABSTRACT Mohammed Bedjaoui, Ambassador of Algeria in France, proposes in his course to assess the influence on the law and international relations of a growing category of States who claim to be non-aligned, who has an increased influence on World Affairs, and who challenge the rest of the world. The author thus presents two chapters entitled Interpellation and Participation, respectively. Mohammed Bedjaoui…

The Contribution of International Trade Law to the Development of International Law (Volume 260)

(52,617 words)

Author(s): M. McRae, Donald
M. McRae, Donald Keywords: General Agreement on Tariffs and Trade | International trade | Public international law | World Trade Organization | Mots clefs: Accord général sur les tarifs douaniers et le commerce | Droit commercial international | Droit international public | Organisation mondiale du commerce | ABSTRACT The object of this course by Donald M. McRae, Professor at the University of Ottawa, is to investigate the relationship between international law and international trade law. Professor McRae is interested in the way how the field of international trade law is perceived by international lawyers and in the relevance of basic concepts and procedures of international trade law to the general field of international law. Areas of conflict that have arisen between…

Money in Public International Law (Volume 96)

(45,724 words)

Author(s): A. Mann, LL.D., F.
A. Mann, LL.D., F. Keywords: Currencies | Public international law | International financial law | Mots clefs: Monnaies | Droit international public | Droit international financier | ABSTRACT Frederick Mann explains in an introduction to his study that the Modern public international law of the money deals with four main subjects. Money is first and foremost one of the objects of the international organization, and its legal implications deserve attention. Then, the author studies main aspects …

Principes généraux de la responsabilité internationale d’après la doctrine et la jurisprudence (Volume 96)

(32,744 words)

Author(s): Accioly, Hildebrando
Accioly, Hildebrando Keywords: State responsibility | Legal principles | Public international law | Mots clefs: Responsabilité des Etats | Principes généraux du droit | Droit international public | ABSTRACT International responsibility, according to Hildebrando Accioly, is a legal position based on the well-known principle that, in the Community of Nations, as in civil society, all members of the Community, in their mutual relations, must observe rules of justice and respect their commitments. After a presentation of the ge…

Les problèmes fondamentaux du droit des gens en Amérique (Volume 47)

(49,247 words)

Author(s): Yepes, J.-M.
Yepes, J.-M. Keywords: America | Public international law | Mots clefs: Amérique | Droit international public | ABSTRACT J. M. Yepes begins his course on the Fundamental Problems of the Law of Nations in America with a reminder of the proposal approval in 1908 by the First Pan American Scientific Congress, which contains a synthesis of the arguments presented in favor of the existence of American international law. The author then successively focuses on the issues of sovereignty of State, de facto governments within the context of American international law, the problem of …

Cours général de principes de droit international public (Volume 86)

(34,791 words)

Author(s): De Visscher, Charles
De Visscher, Charles Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT Charles De Visscher writes in the conclusion of his course that the events of the last forty years have profoundly changed the traditional facts of international law. He writes in 1954, it is now realized, that a new approach must govern his study, and different methods must be applied to his teaching. After a presentation on the division or distribution of power in inter…

Immunities of Foreign States before National Authorities (Volume 149)

(47,258 words)

Author(s): Sucharitkul, Sompong
Sucharitkul, Sompong Keywords: Sovereign immunities | Mots clefs: Etats | Immunités diplomatiques et consulaires | Droit international public | Juridiction | ABSTRACT The objective of Sompong Sucharitkul’s course on the Immunities of Foreign States Before National Authorities is to examine the exact nature and scope of immunity of States from a purely legal and analytical perspective, with some references to historic developments. To do this, the author presents a legal analysis of immunity of foreign States as well …

Exceptions to the Operation of Choice of Law Rules (Volume 217)

(85,805 words)

Author(s): Mosconi, Franco
Mosconi, Franco Keywords: Public order | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT Franco Mosconi, Professor at the University of Pavia, puts forward a hypothesis that there exists a "general principle of law recognized by civilized nations", which requires States, when situations are not solely governed by their domestic law, to leave a possibility for the application of rules drawn from foreign legal systems. If one accepts the existence of such a pri…

Le domaine réservé. L’organisation internationale et le rapport entre droit international et droit interne cours général de droit international public (Volume 225)

(188,819 words)

Author(s): Arangio-Ruiz, Gaetano
Arangio-Ruiz, Gaetano Keywords: United Nations | Judicial competence | International law and domestic law | League of Nations | Public international law | Mots clefs: Droit international public | Nations Unies | Droit international et droit interne | Société des Nations | Compétence étatique | ABSTRACT General Course on Public International Law by Gaetano Arangio-Ruiz, Professor at the University of Rome, focuses on the notion of domestic jurisdiction as a limit to the activity of international legal and political bodies. However, it also t…
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