Collected Courses of the Hague Academy of International Law

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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…

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…

A Transcivilizational Perspective on International Law (Volume 342)

(128,337 words)

Author(s): Yasuaki, Onuma
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…

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 …