Collected Courses of the Hague Academy of International Law

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Treaties and Custom (Volume 129)

(29,060 words)

Author(s): R. Baxter, R.
R. Baxter, R. Keywords: International customary law | Public international law | Law of treaties | Mots clefs: Droit coutumier international | Droit international public | Droit des traités | ABSTRACT The objective that R. Baxter assigns to his course is to describe how the treaties, whether bilateral or multilateral, serve as evidence of the state of customary international law. First, he examines multilateral treaties as declaratory of customary international law, multilateral treaties as constitutive of customary internati…

Parties to Treaties — The Right of Participation (Volume 135)

(36,398 words)

Author(s): I. Lukashuk, I.
I. Lukashuk, I. Keywords: Participating interest | Law of treaties | Mots clefs: Participation | Droit des traités | ABSTRACT I.I. Lukashuk points out that in the introduction to his course that the peculiarity of subjects of public international law not only possesses rights and duties under international law, but also plays an active role in the development of international law. In the first part, the author presents the different categories of parties to the treaties (States, composite States, international orga…

Reflections on the Relevance of Public International Law to Private International Law Treaty Making Opening Lecture, Private International Law Session, 2009 (Volume 340)

(19,132 words)

Author(s): R. Beaumont, Paul
R. Beaumont, Paul Keywords: Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Law of treaties | Interpretation | Reservations | Conventions | Private international law | Public international law | Convention on Choice of Court Agreements (The Hague, 30 june 2005) | Convention sur le recouvrement international des aliments destinés aux enfants et à d'autres membres de la famille (La Haye, 23 novembre 2007) | Convention on the Law Applicable to Maintenance Obligations (The Hague, 2 October 1973) | Protocols | 2007 | Hague Conference on Private International Law | Statutes | Re…

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 …

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…

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…

Territorial Entities Other than Independent States in the Law of Treaties (Volume 125)

(33,944 words)

Author(s): J. Lissitzyn, Oliver
J. Lissitzyn, Oliver Keywords: Federal states | Law of treaties | Law on conclusion of international treaties | Colonies | Non-self-governing territories | Autonomous territories | Mots clefs: Etats fédéraux | Droit des traités | Droit de conclure des traités | ABSTRACT Oliver Lissitzyn devotes his course to the establishment in the law of treaties the territorial entities other than independent states: members of composite States, dependent States, colonial territories, mandated territories, and some other entities with a form of inter…

Custom and Treaty in the Law of the Sea (Volume 205)

(29,074 words)

Author(s): Bernhardt, Rudolf
Bernhardt, Rudolf Keywords: International customary law | Law of the sea | Law of treaties | International law | Mots clefs: Droit coutumier international | Droit de la mer | Droit des traités | Droit international | ABSTRACT Rudolf Bernhardt, Director of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, notes that the combined play of custom and treaty, in the Law of the Sea, requires the consideration of general and theoretical elements and requires an attempt to link these general considerat…

Le facteur temps et les traités (Volume 154)

(27,698 words)

Author(s): Eulalio Do Nascimento e Silva, Geraldo
Eulalio Do Nascimento e Silva, Geraldo Keywords: Time | Law of treaties | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Temps | Droit des traités | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT Geraldo Eulalio Do Nascimento E Silva, Ambassador of Brazil, deals with three topics on which the time factor has the greatest influence: entry into force of the treaty; successive treaties dealing with the same matter; and the inter-temporal law of treaties, including the problem of non-retro-activity. Le cours de Geraldo Eulalio Do…

Obligations Arising for States without or against Their Will (Volume 241)

(66,030 words)

Author(s): Tomuschat, Christian
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…

La structure de l’ordre juridique international Règles générales et règles conventionnelles (Volume 161)

(47,257 words)

Author(s): Barile, Giuseppe
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…