Collected Courses of the Hague Academy of International Law

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La condition juridique des navires de commerce (Volume 10)

(81,786 words)

Author(s): Fedozzi, Prospero
Fedozzi, Prospero Keywords: Ships | Jurisdiction | Territorial sea | Mots clefs: Navires | Juridiction | Mer territoriale | ABSTRACT The study of Prospero Fedozzi concerns the legal status of foreign commercial ship in the territorial waters of the State and domestic commercial ship in foreign territorial waters: in other words, the author examines the problem of the limits of jurisdiction, in relation to commercial ship, and of the laws and jurisdiction of the State on which the ship depend by virtue of their nationality. L'étude de Prospero Fedozzi concerne la condition juridi…

The Jurisdiction of the International Court of Justice (Volume 76)

(33,010 words)

Author(s): Hambro, Edvard
Hambro, Edvard Keywords: International Court of Justice | Jurisdiction | Mots clefs: Cour internationale de Justice | Juridiction | ABSTRACT The purpose of Edvard Hambro’s course on the Jurisdiction of the International Court of Justice is to clarify a number of issues related to the settlement of international disputes. After a presentation of the general aspect of international tribunals and the sources of law in general, the author focuses on the jurisdiction ratione personae of the Court and then on the jurisdi…

The Doctrine of Jurisdiction in International Law (Volume 111)

(60,160 words)

Author(s): A. Mann, F.
A. Mann, F. Keywords: Jurisdiction | International law | Rights and duties of States | Legislation | Mots clefs: Juridiction | Droit international | Droits et devoirs des Etats | Législation | ABSTRACT Frederick devotes his course to the doctrine of jurisdiction in international law. After a first chapter devoted to the definition of the concept of jurisdiction, the author examines the doctrine of legislative jurisdiction from a general point of view and then from a special point of view. He examines the enforcement jurisdiction. Frederick consacre son cours à la doctrine de la …

Human Rights and Domestic Jurisdiction (Article 2, § 7, of the Charter) (Volume 124)

(28,032 words)

Author(s): Ermacora, Felix
Ermacora, Felix Keywords: United Nations | Charter | Human rights | Jurisdiction | Mots clefs: Nations Unies | Charte | Droits de l homme | Juridiction | ABSTRACT The course of Felix Ermacora is based on a problem of crucial significance related to the relations between national law and international law, and more particularly, to the law of international organizations. The author, in the first instance, focuses on domestic jurisdiction in general. He then studies the general aspects of human rights in connection with dome…

Judicial Settlement of Disputes Jurisdiction and Justiciability (Volume 221)

(68,088 words)

Author(s): McWhinney, Q.C., Edward
McWhinney, Q.C., Edward Keywords: International Court of Justice | Jurisdiction | Mots clefs: Cour internationale de Justice | Juridiction | ABSTRACT Edward McWhinney, Professor at Simon Fraser University in Burnaby, devotes his course to judicial settlement of disputes. After an examination of contemporary conceptions of the role of judicial settlement of disputes, the author examines the contemporary international legal process and the dichotomy between law and politics. Next, he studies the jurisdiction of the In…

The Supervisory Jurisdiction of the International Court of Justice: International Arbitration and International Adjudication (Volume 258)

(141,742 words)

Author(s): Michael Reisman, W.
Michael Reisman, W. Keywords: International Court of Justice | Jurisdiction | Mots clefs: Cour internationale de Justice | Juridiction | ABSTRACT This course of W. Michael Reisman, Professor at Yale University, New Haven, is concerned with the identification and analysis of a particular form of jurisdiction assigned to the International Court of Justice: the international judicial supervision of international arbitration. In the framework of this study Professor Reisman pays particular attention to the sometimes ver…

The Role of Judicial Procedures in the Process of the Pacific Settlement of International Disputes (Volume 346)

(171,361 words)

Author(s): Kawano, Mariko
Kawano, Mariko Keywords: International Court of Justice | Judicial settlement of international disputes | Procedure | Jurisdiction | International community | Public interest | Pacific settlement of disputes | Development of international law | Mots clefs: ABSTRACT The course of Ms. Mariko Kawano, Professor of Waseda University in Tokyo, is devoted to the role of judicial proceedings in the peaceful settlement of disputes. The main objective of the course is to examine the different types of roles that the International Court of Ju…

Transaction Planning Using Rules on Jurisdiction and the Recognition and Enforcement of Judgments (Volume 358)

(94,391 words)

Author(s): A. Brand, Ronald
A. Brand, Ronald Keywords: Court settlements | Recognition and enforcement of foreign judgments | Jurisdiction | Choice of law | Forum shopping | Private international law | Mots clefs: ABSTRACT This class starts by considering the transaction planning tools, by comparing the rules that exist in the United States and the European Union. A description of the United States and European Union jurisdictions is given, followed by an explanation of their rules of recognition and enforcement of judgments. The lecture continues by considering the main issue at the intersection of…

Applying the Most Favourable Treaty or Domestic Rules to Facilitate Private International Law Co-Operation (Volume 377)

(78,468 words)

Author(s): Blanca Noodt Taquela, María
Blanca Noodt Taquela, María Keywords: Treaties | Private international law | Judicial cooperation | Jurisdiction | Choice of law | Mots clefs: ABSTRACT This course aims to draw attention to the overlapping of Private International Law treaties on International Judicial Co-operation and to give the reader an understanding of the rules and principles that provided a solution to this problem. It leads to taking a look at the principles and rules of Public International Law to apply to Private International Law. An analys…

Les tribunaux internationaux et leur mission commune de réalisation de la justice : développements, état actuel et perspectives (Volume 391)

(38,055 words)

Author(s): Augusto Cançado Trindade, Antônio
Augusto Cançado Trindade, Antônio Keywords: International courts | Jurisdiction | Permanent Court of International Justice | International Court of Justice ABSTRACT In this course, A. A. Cançado Trindade deals with the prehistory and the emergence of international tribunals, draws lessons from the past with regard to the Statute of the Permanent Court of International Justice and the Statute of the International Court of Justice, and considers international justice beyond the international dimension. The author anal…