Lowe, Vaughan Keywords: International law | Theory | Mots clefs: ABSTRACT This inaugural conference is based on the fact that the Law has limitations at every level: national law as much as international law. The argument is that international law should be understood from an instrumentalist perspective, as the law is one way and not the only way to give answers. This makes sense as international law is an option among others in international relations, and has many limits, as detailed by the author in thr…

Turp, Daniel Keywords: Public international law | International law | Cultural diversity | Mots clefs: ABSTRACT This course is Daniel Turp`s presentation at the 65th session of The Hague Academy of International Law. The cultural exception expresses a European-centrist or even Franco-French problem, corresponding to the economic and cultural interests of the developed countries alone, while cultural diversity, by virtue of its anthropological nature and its genesis within UNESCO, would reflect genuine recogniti…

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…

Arrighi, Jean-Michel Keywords: Organization of American States | Public international law | International law | Institutional law | Institutions and organs | Legal co-operation | Democracy | History | Mots clefs: Organisation des Etats américains | Droit international public | Droit international | Droit institutionnel | Institutions et organes | Coopération juridique | Démocratie | Histoire | ABSTRACT The Organization of American States (OAS), created in 1948, is just a link in a long chain of inter-American institutions that emerged from the first Am…

Iwasawa, Yuji Keywords: International law and national law | International law | Domestic law | Direct effect | Implementation | Mots clefs: ABSTRACT In this course, the author examines the theoretical and practical problems involved in the application of international law in domestic law. A special focus is given to the concept of the direct applicability or self-executing character of international law in domestic law. The doctrine of self-executing treaties in the United States is first examined, followed by the di…

Chemillier-Gendreau, Monique Keywords: Public international law | International law | Universalism | Mots clefs: Droit international public | Droit international | Universalisme | ABSTRACT To reflect on the universality of international law, it is necessary to ask whether its application extends to the entire society concerned, no subject is excluded, and its objectives are achieved for the benefit of all. If the concept of sovereignty appears as a guarantee of the independence and recognition of a group, it is also a …

Abellán Honrubia, Victoria Keywords: Individuals | International responsibility | International law | Mots clefs: Individus | Responsabilité internationale | Droit international | ABSTRACT The object of the course of Victoria Abellán Honrubia, Professor at the University of Barcelona, is to study the international responsibility of the individual according to public international law. Professor Abellán Honrubia proposes to clarify up to what point the standards for international responsibility of the individual can be…

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…

Ranjeva, Raymond Keywords: Non-governmental organizations | International law | Mots clefs: Organisations non-gouvernementales | Droit international | ABSTRACT Raymond Ranjeva, Judge on the International Court of Justice, bases his course on non-governmental organizations and the implementation of international law on an existing contradiction between, on the one hand, the international vocation of the non-governmental organizations and on the other, the national statute of these organizations, and on the consens…

Ben Achour, Rafâa Keywords: Politics | Government | Constitutional law | Political systems | Constitutional state | Democracy | International law | Regional organizations | Mots clefs: ABSTRACT The rejection of unconstitutional change of government is increasingly evident at the international level. At the universal level, international law in this regard remains embryonic; the normative framework has advocated indifference before emerging towards a universal mechanism that enshrines the rule of law and democracy. The birt…

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…

Slaughter, Anne-Marie Keywords: International law | International relations | Nongovernmental organizations | Mots clefs: Droit international | Relations internationales | Organisations non-gouvernementales | ABSTRACT Anne-Marie Slaughter, Professor at Harvard University, devotes her course to the relation between international law and international relations. In the first part Professor Slaughter examines the principal theories concerning international relations. Professor Slaughter examines in particular what interna…

A. Yusuf, Abdulqawi Keywords: Africa | Pan-africanism | Organization of African Unity | African Union | Public international law | International law | Universalism | Decolonization | Regionalism | Public law | International law and domestic law | Mots clefs: ABSTRACT The course starts by giving the origins and the evolution of Pan-Africanism. It explains how, in the nineteenth century, international law was framed as a Eurocentric public law, the jus publicum Europaeum which did encounter Pan-Africanism, and put aside human rights and human dignity in its way to tre…

J.-P, Karaquillo, Keywords: Sports | International Sports Federations | Lex sportiva | Court of Arbitration for Sport | Droit international | | Mots clefs: Sport | Fédérations internationales sportives | Lex sportiva | Tribunal arbitral du sport | International law | ABSTRACT J.-P. Karaquillo, Professor at the University of Limoges, takes as his starting point the idea that sport is marked by "legal pluralism"; a mixture of "Sports law" and "State law". There is no such thing as a body of international rules, assembled by co-operating S…

Sur, Serge Keywords: Public international law | International law | Mots clefs: ABSTRACT In this course, Serge Sur focuses on the principle of confronting the letter or forms of expression of international law with its spirit, objectives, and aims. The author clarifies the meaning of the term "existence" in international law. He focuses on the evolution of international law and the legal consistency of the existence of international law. The author discusses the foundations of international law so as to unde…

Francisco Rezek, José Keywords: Nationality | International law | Mots clefs: Nationalité | Droit international | ABSTRACT This course aims to analyze the role and position of law of nationality law in international law. It begins by describing the concept of nationality, addressing issues such as the relationship between the individual and the State, the distinction between nationals of origin and those who have acquired the nationality, as well as the associated concepts of diplomatic protection and functional…

Gaja, Giorgio Keywords: International community | Public interest | Public international law | International law | Mots clefs: ABSTRACT This General Course given in 2011 aims to understand the idea of general interests, as the international community is a holder of general interest. The protection of general interests can be identified through principles and rules of international law, as well as within the impact of peremptory norms. The general interests have a big relevance in the international community by being a tool of interpretation of treaties and bein…

A. Fatouros, Arghyrios Keywords: Energy | Legal regime | International law | State contracts | Energy Charter Treaty (Lisbon, 17 December 1994) | Mots clefs: Energie | Régime juridique | Droit international | Contrats d'Etat | Traité de la charte de l'énergie (Lisbonne, 17 décembre 1994) | ABSTRACT Arghyrios A. Fatouros, Professor Emeritus of the University of Athens, presents his course on the international legal framework for energy as an experiment. He aims to determine whether and to what extent it is possible to account in terms of law, …

Higgins, Rosalyn Keywords: Expropriation | International law | Mots clefs: Expropriation et nationalisation | Droit international | ABSTRACT In this course, Rosalyn Higgins explores recent developments (during writing of the course) in international law with respect to expropriation by the State. In the previous several years, there have been important debates on the issue of compensation for foreign owners. After an examination of the legal concepts concerned by expropriation by the State (particularly the conce…

Thirlway, Hugh Keywords: International law | Mots clefs: Droit international | ABSTRACT Professor Thirlway, Visiting Professor at the University of Bristol, examines in this course how and why it is that international law is different from all other national systems of law. Professor Thirlway starts by describing the reality of international law, and then focuses on the concept of the sources of international law (treaties, customs, and general principles of law). The author then lists some major concepts o…