Collected Courses of the Hague Academy of International Law

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The Nuclear Non-Proliferation Régime: Assessment and Prospects (Volume 256)

(63,958 words)

Author(s): Goldblat, Jozef
Goldblat, Jozef Keywords: Proliferation | Treaties | Mots clefs: Prolifération et non-prolifération | Traité | ABSTRACT This course of Jozef Goldblat, senior lecturer and research fellow at the Geneva Graduate Institute of International Studies, focuses on the nuclear non-proliferation régime. Josef Glodblat starts his course with an overview of the early efforts to outlaw nuclear weapons. The author then presents the Nuclear Non-Proliferation Treaty (the ban on the transfer or the acquisition of nuclear weapon…

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…

The Enforcement of Treaties by a Federal State (Volume 141)

(29,194 words)

Author(s): T. Oliver, Covey
T. Oliver, Covey Keywords: Federal states | Treaties | Enforcement | Mots clefs: Etats fédéraux | Traités | Exécution | ABSTRACT The subject of Covey T. Oliver`s course is the description and analysis of the public law of federal states with regard to the enforcement in domestic law of treaties in the light of the requirements and expectations of public international law and the practice of international relations. The author focuses on the importance of the enforcement of treaties by federal states, the essence of …

Reservations to Treaties (Volume 103)

(36,514 words)

Author(s): W. Bishop, Jr., William
W. Bishop, Jr., William Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT William Bishop devotes his course to Reservations to Treaties. After a definition of the concept of reservations in the introduction, the author examines the practice concerning acceptance of reservations in bilateral treaties and multilateral treaties. He also focuses on the distinction between reservation, interpretation, and declaration. He discusses the question of the reservation clauses, and then presents…

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…

The Evolution of Sustainable Development in International Law : Inception, Meaning and Status (Volume 329)

(68,498 words)

Author(s): Schrijver, Nico
Schrijver, Nico Keywords: Sustainable development | Legal concept | Treaties | Legal principles | Public international law | Mots clefs: Développement durable | ABSTRACT Nico Schrijver, Professor at the VU University Amsterdam, assigns a triple aim to his course. First, he intends to study about the genesis of the law of sustainable development and to clarify the meaning of this concept, while evaluating the status within the public international law. Then, he proceeds to the examination of the legal principles which e…

Le problème des effets des traités à l’égard des États tiers (Volume 143)

(55,864 words)

Author(s): Cahier, Philippe
Cahier, Philippe Keywords: Third states | Treaties | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | Mots clefs: Pays tiers | Traités | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | ABSTRACT In many cases, argues Philippe Cahier, it is only seemingly that a treaty produces the effects with regard to third parties. In reality, the rights and obligations are the result of the application of a norm of general international law or the consent of the State when one examines the root of the problem. T…

Les conventions conclues entre les pays socialistes sur le droit civil international et le droit international de la famille (Volume 144)

(27,030 words)

Author(s): Sosniak, Mieczyslaw
Sosniak, Mieczyslaw Keywords: Socialist countries | Civil law | International law | Treaties | Family law | Private international law | Mots clefs: Pays socialistes | Droit civil | Droit international | Traités | Droit de la famille | Droit international privé | ABSTRACT Since the objective of the Socialist States is to correlate and harmonize the principles of their legal relations, they have not, however, decided to harmonize all the principles in all the concerned countries, even though, on the ground of the Socialist bloc, many agreem…

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…

L’interdépendance des conventions internationales du travail (Volume 121)

(36,686 words)

Author(s): Wolf, Francis
Wolf, Francis Keywords: International labour law | Treaties | Labor | Mots clefs: Droit international ouvrier | Traités | Travail | ABSTRACT Using an example of International Labor conventions and the standards based on conventions as an attempt to demonstrate the importance of the principle of the interdependence of international instruments, the author successively examines: how do International Labor Conventions complement and integrate each other; how are other interested international organizations involved in t…

Contribution à l’interprétation des traités (Volume 114)

(15,260 words)

Author(s): Berlia, G.
Berlia, G. Keywords: Interpretation | Treaties | Mots clefs: Interprétation | Traités | ABSTRACT The question of the interpretation of a legal act raises two main types of problems: the authority competent to interpret and the act to be interpreted. It is precisely the nature of the act to be interpreted, considers G. Berlia, as an essential element of his study. The author successively focuses on the true meaning of the terms "intention of the parties", the so-called clear act rule, the rule of useful effect…

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…

Treaties and their Practice – Symptoms of their Rise or Decline (Volume 392)

(78,359 words)

Author(s): Nolte, Georg
Nolte, Georg Keywords: Treaties | Law of treaties ABSTRACT Treaties are binding legal texts and come into existence by a political and legal process. In this course, Georg Nolte describes the development of some important treaties from the perspective of their practice with an aim to explore the meaning of different forms of practice for the life of treatments and for their interpretation. The author outlines the major peace treaties that existed prior to the UN Charter and discusses the issue of collect…

Why do we Need a Law of Treaties ? Inaugural Lecture (Volume 385)

(8,523 words)

Author(s): Franklin Berman, Sir
Franklin Berman, Sir Keywords: Treaties | Law of treaties ABSTRACT In this course, the author touches on what we expect a law of treaties to be and to do and on whether those principles and rules we have achieve these aims. He argues that it was not until the creation of the International Law Commission in the early years of the United Nations that a more consciously systematic attempt was made to look at the subject of treaties in the round, or as a whole. The author discusses the two main obstacles that…

La codification par traités en droit international privé dans le cadre de la Conférence de La Haye (Volume 122)

(30,220 words)

Author(s): H. Van Hoogstraten, M.
H. Van Hoogstraten, M. Keywords: Hague Conference on Private International Law | Private international law | Codification | Treaties | Mots clefs: Conférence de La Haye de droit international privé | Droit international privé | Codification | Traités | ABSTRACT The Hague Conference of Private International Law aims at working for the progressive unification of the rules of private international law (art. 1 of the Statute). Just like the other international organizations, the Conference seeks to accomplish its task by concluding intern…

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…

Legal Dimensions of Arms Control Agreements An Introductory Overview (Volume 377)

(57,534 words)

Author(s): Tuzmukhamedov, Bakhtiyar
Tuzmukhamedov, Bakhtiyar Keywords: Arms control | Weapons of mass destruction | Conventional weapons | International agreements | Treaties | International peace and security | Mots clefs: ABSTRACT This course is intended to acquaint a lecturer with the notions of regulation of arms control and disarmament processes and the specificity of the development of regulatory norms. It also treats negotiating bodies and other places where those norms are deliberated and crafted. The discussion starts with definitions and other gen…

Reservations to Treaties (Volume 146)

(44,424 words)

Author(s): M. Ruda, J.
M. Ruda, J. Keywords: Reservations | Treaties | Mots clefs: Réserves | Traités | ABSTRACT J. M. Ruda points out in the introduction to his course that the question of reservations to multilateral treaties has been one of the most controversial subjects of contemporary international law. The author aims in his course to show how the international law has to change for dealing with this issue, and aims to confirm that law is not and should never be an end in itself, but only a mode of regulating society or a com…

Constitutional Limitations in the Law of the European Organisations (Volume 108)

(40,720 words)

Author(s): J. Hahn, Hugo
J. Hahn, Hugo Keywords: Europe | International organizations | Competence | European Coal and Steel Community | European Economic Community | European Atomic Energy Community | Treaties | Community law | Mots clefs: Europe | Organisations internationales | Compétence | Communauté européenne du charbon et de l'acier | Communauté économique européenne | Communauté européenne de l'énergie atomique | Traités | Droit communautaire | ABSTRACT Hugo Hahn devotes his course to Constitutional Limitations in the Law of International Organizations. By constitution, it m…

Treaty and Diplomatic Relations between European and South Asian Powers in the Seventeenth and Eighteenth Centuries (Volume 100)

(42,331 words)

Author(s): H. Alexandrowicz, Charles
H. Alexandrowicz, Charles Keywords: South Asia | Europe | Diplomacy | Treaties | Mots clefs: Asie du Sud | Europe | Diplomatie | Traités | ABSTRACT Charles Alexandrowicz begins his course on Treaties and Diplomatic Relations Between European and South Asian Powers in the Seventeenth and Eighteenth centuries with a historic overview of the relations between Suzerain States and Vassal States. He then presents the controversy between Grotius and Freitas. He examines the treaties and the contexts in which they were signed. F…
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