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…

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 …

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…

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…

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…

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…

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…

Hafner, Gerhard Keywords: Individuals | Subjects of international law | International law | Mots clefs: ABSTRACT By starting with an historical overview, the class looks into the position of the individual in international relations and international law. The development of an individual oriented approach in international law is linked to the emergence of democracy and accountability. After that, the issues related to legal duties imposed to individuals are studied, leading to a discussion on international crim…

Yanagihara, Masaharu Keywords: Europe | East Asia | Public international law | International law | History of international law | Universalism | Mots clefs: ABSTRACT The purpose of this course is to show the critical importance of historical viewpoint on international law in Europe and East Asia. Thus, the beginning aims to understand whether international law is really a concept unique to the European States in pre-modern and modern times, as it was often assumed for a long time. It appears that many countries had anot…

Crawford, James Keywords: Public international law | Development of international law | International law | Mots clefs: ABSTRACT This course is given in order to put the light on unresolved problems of International Law. It is divided in three parts that each defend a position. First, that international law is law, second that there is an international legal system, and third, that there is or can and should be an international rule of law. The first part draws our interest on how States, institutions, practitioners and scholars address the problems of decentralized l…

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…

Bing Jia, Bing Keywords: Development of international law | International law | International law and national law | Case-law | Stare decisis | Doctrines | Sources of law | Mots clefs: ABSTRACT This course offers an understanding of the place of international case law, and thus of precedent, in international law. The notion of precedent in an international scope is looked at while discussing it in both municipal and international law. Article 38(1) of the ICJ and the roles played by the various sources mentioned in it are exam…

Michael Reisman, W. Keywords: International law | International regime | Development of international law | Decision-making | Sovereignty | Human rights | Subjects of international law | Individuals | Use of force | Mots clefs: Droit international | Régime international | Développement du droit international | Prise de décisions | Souveraineté | Droits de l'homme | Sujets du droit international | Individus | Force | ABSTRACT The point of these lectures, given in 2012, is to elaborate a framework to understand the place of practitioners, and others affected by …

H. Arsanjani, Mahnoush Keywords: United Nations | Public international law | International law | Development of international law | International relations | International politics | Charter of the United Nations (San Francisco, 26 June 1945) | Mots clefs: ABSTRACT International law has been developing and expanding its scope remarkably in the last few decades. The United Nations is entitled to considerable credit for signal past law-making accomplishment. This opening lecture commences with a note on the Charter of the United Nation…

Alland, Denis Keywords: Public international law | International law | Interpretation | Mots clefs: ABSTRACT The phenomenon of interpretation deploys in public international law as in all other branches of law. In this course, Denis Alland begins with an introduction to the concept of interpretation. From the point of view of the creation of the meaning, the author examines three angles of objects, methods, and actors of interpretation of international law. He answers the questions of what can be interpreted, …

Kolb, Robert Keywords: United Nations | Charter of the United Nations (San Francisco, 26 June 1945) | Member states | International agreements | International obligations | Obligations of the state | International law | Hierarchy | Mots clefs: ABSTRACT This course, after a brief general introduction, begins by explaining the conceptual and historical environment of Section 103. Two purposes and two objectives stand out clearly: to map the general place of article 103 in the context of current trends towards the "verticalization" of t…