Collected Courses of the Hague Academy of International Law

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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…

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…

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…

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…

Co-Operative Efforts in Private International Law on Behalf of Children: The Hague Children’s Conventions (Volume 323)

(94,991 words)

Author(s): J. Silberman, Linda
J. Silberman, Linda Keywords: Children | Abduction | Treaties | Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980) | Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996) | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption [The hague, 29 May 1993] | Adoption | Private international law | Legal co-operation | Parental responsibilities | Mots clefs: Enfants | E…

Les formes de cessation de l’état de guerre en droit international (Volume 149)

(21,607 words)

Author(s): Klafkowski, Alfons
Klafkowski, Alfons Keywords: WaPeace | Treaties | Mots clefs: Guerres | Paix | Traités | ABSTRACT In the introduction to his course, Alfons Klafkowski raises the following questions: principle-based technique of organizing peace and international security is increasingly linked to international law, how does the question of the end of the state of war arises in international law, is the question regulated, and if so how and by whom? In order to answer these questions, the author presents the concept of state of…

Settlement of Disputes Relating to the Interpretation and Application of Treaties (Volume 150)

(37,774 words)

Author(s): B. Sohn, Louis
B. Sohn, Louis Keywords: Treaties | Interpretation | Judicial settlement of international disputes | Mots clefs: Traités | Interprétation | Règlement judiciaire des différends internationaux | ABSTRACT Louis Sohn, Professor at Harvard University, devotes his course to the settlement of disputes relating to the treaty interpretation and application. After an introduction in which he addresses, inter alia, the question of the Dispute Settlement Code for the Law of the Sea Convention, the author examines the history of compr…

Self-Executing and Non-Self-Executing Treaties in National and International Law (Volume 235)

(36,931 words)

Author(s): Buergenthal, Thomas
Buergenthal, Thomas Keywords: Treaties | Direct effect | International law and domestic law | Mots clefs: Traités | Applicabilité directe | Droit international et droit interne | ABSTRACT In this course, the author focuses on the international law aspect of the concept of self-executing treaties. He does so by analyzing the international law rules that determine what obligations States have to implement treaties on the domestic plane and the extent to which States are required to allow individuals to invoke the specific pr…

Bilateral Agreements Concluded by the European Community (Volume 309)

(125,047 words)

Author(s): Maresceau, Marc
Maresceau, Marc Keywords: European Union | Bilateral agreements | Law on conclusion of international treaties | Treaties | Mots clefs: Union européenne | Accords bilatéraux | Droit de conclure des traités | Traités | ABSTRACT Marc Maresceau, professor at Ghent University and the University of Brussels, clarifies that he does not want to provide a theory of European Community treaty-making in his course, but that he aims to offer a basic insight into what is now a well-established but complex practice regarding bilateral agreement…

Maintenance Obligations in the Conflict of Laws (Volume 247)

(58,409 words)

Author(s): Martiny, Dieter
Martiny, Dieter Keywords: Food | Private international law | Treaties | Mots clefs: Alimentation | Droit international privé | Traités | ABSTRACT Dieter Martiny, research associate at the Max Planck Institute in Hamburg, devotes this course to maintenance obligations in private international law. As Dieter Martiny explains in his course, the origins for these obligations can be found in family law. After introducing the system of maintenance obligations and its complexities, the author explains the historical develop…