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…

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…

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 …

Bühler, Ottmar Keywords: Double taxation | Treaties | Tax evasion | Mots clefs: Imposition (double) | Traités | Evasion fiscale | ABSTRACT Ottmar Buhler, in the introduction to this course, notes that the problems of tax law are due to a large number of states collecting taxes, multiplicity of the tax systems, and infinitely numerous and complicated economic relationships between countries. After a presentation of the different tax systems of the States of the world and economic relations between States giving rise t…

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…

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…

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…

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…

D. Mc Nair, Arnold Keywords: Wars | Treaties | Mots clefs: Guerres | Traités | ABSTRACT Arnold Mc Nair proposes to dedicate his course to the research and collection of materials in the form of judgments and diplomatic controversies rather than the discussion of theories. After a historical overview and preliminary observations, he thus successively studies the different categories of treaties which can, besides, overlap: the treaties relating to permanent laws, the treaties conferring rights of extraterritoria…

De Visscher, Paul Keywords: Treaties | Constitutional law | International law and domestic law | Mots clefs: Traités | Droit constitutionnel | Droit international et droit interne | ABSTRACT Whether we want to see in actual practice the first manifestations of an international constitutional law or want to see in international law "national law for external use", it is clear today that internationalists can no longer ignore evolution. In this course, Paul De Visscher focuses on the most recent trends in the phenomenon of ha…

Rosenne, Shabtai Keywords: United Nations | Treaties | Mots clefs: Nations Unies | Traités | ABSTRACT The objective of the Shabtai Rosenne’s course is to study the United Nations Treaty Practice as an international organization with legal personality. The intention of the author is to assess the extent to which it has succeeded in adopting international treaty law despite its specificities and the heterogeneity of its members. The author successively examines the treaties established under the aegis of the Unit…

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…

Niboyet, J.-P. Keywords: Reciprocity | Legal principles | Private international law | Treaties | Mots clefs: Réciprocité | Principes généraux du droit | Droit international privé | Traités | ABSTRACT The theme developed by J.-P. Niboyet in his course is the relations that exist or rather should exist between the general principles of civil law and the treaties which are, after all, just the contracts between the States. After outlining a few general considerations, the author examines the patterns of diplomatic reciprocity, …

L. Goodhart, A. Keywords: North Atlantic Treaty Organization | Treaties | Mots clefs: Organisation du Traité de l Atlantique Nord | Traité | ABSTRACT A. L. Goodhart writes in the introduction to his 1951 course that there is no doubt that the North Atlantic Treaty of 1949 is, from a practical point of view, the most important international agreement since the creation of the United Nations. The North Atlantic Treaty Organization (NATO) was established and substantial investments have already been spent on the implement…

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…

Mestre, Achille Keywords: Treaties | International law and domestic law | Mots clefs: Traités | Droit international et droit interne | ABSTRACT In this course, Achille Mestre discusses some aspects of the question of the relationship between treaties and domestic law, and, mainly from the point of view of French public law, examines what positive solutions have been given to the question of the powers of the national judge with respect to treaties. The author examines the following questions: under what conditions ca…

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…

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…

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…

Lauterpacht, H. Keywords: Treaties | Preparatory work | Interpretation | Mots clefs: Traités | Travaux préparatoires | Interprétation | ABSTRACT H. Lauterpacht, in the introduction of his course, writes that the study of the cases of interpretation of treaties by the international and national courts enable proving the utility of the various rules of interpretation, elaborated with care, which we encounter in the treaties of international law; it leads us to conclude on their less practical significance, he notes. …

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…

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…

Ray, Jean Keywords: Treaties | Public international law | Revision | Mots clefs: Traités | Droit international public | Révision | ABSTRACT History and especially the history of our time, presents to us a large number of cases in which certain clauses of treaties have been attacked, by a State related by them, in the name of certain principles of international law. In order to study this issue, Jean Ray starts with a study of certain diplomatic procedures related to the Oriental issue. He then studies a few affairs b…

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…

M. Yepes, J. Keywords: Regionalism | Treaties | Mots clefs: Régionalisme | Traités | ABSTRACT When one of the founders of international law, Hugo Grotius, has written that very often the law of nations of one of the parties of the world is not that of others, he has only expressed an axiom which is daily confirmed by history, notes J.M. Yepes. Here is the axiom: there is an international law which is universal, necessary and common to all the civilized people; but besides this universal law, there are specific…

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…

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…

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…

G. Fitzmaurice, G. Keywords: World War II | Peace | Treaties | Mots clefs: Guerre mondiale de 1939 | Paix | Traités | ABSTRACT In his course on the Judicial Clauses of the Peace Treaties, G.G. Fitzmaurice refers to the peace treaties as the treaties signed with Italy, Romania, Bulgaria, Hungary, and Finland and entered into force in 1947. After an introduction devoted to the peace treaties, the author examines the territorial clauses, the political clauses, the military clauses, economic clauses, financial clauses, and commercial clauses of the peace treaties. Dans son cours sur les …

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…

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…

J. Silberman, Linda Keywords: Children | Abduction | Treaties | Convention on the Civil Aspects of International Child Abduction (The Hague, 25 October 1980) | Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children (The Hague, 19 October 1996) | Convention on Protection of Children and Cooperation in respect of Intercountry Adoption [The hague, 29 May 1993] | Adoption | Private international law | Legal co-operation | Parental responsibilities | Mots clefs: Enfants | E…

Capotorti, Francesco Keywords: Treaties | Extinction | Mots clefs: Traités | Extinction | ABSTRACT In order to examine the subject of Termination and Suspension of Treaties, Francesco Capotorti relies essentially on the rules of the Convention, without neglecting or indicating, gradually, in which relationship they exist with the unwritten ordinary-law arrangement, or taking into considering a few problems shelved by the Vienna invention. The author successively studies the general problems of termination and…

E. Guyer, Roberto Keywords: Antarctica | Treaties | Mots clefs: Antarctique | Traité | ABSTRACT Roberto Guyer points out that the Antarctic system has two interesting aspects. First, the era (1973) of rapid change, and second, the ordinary rules of international law, which usually target regions in which the climate allows the settlement of human beings, are difficult to apply to Antarctica. The author, after a presentation of the main legal and scientific aspects of the issues, first examines the Antarctic Tr…

Klafkowski, Alfons Keywords: WaPeace | Treaties | Mots clefs: Guerres | Paix | Traités | ABSTRACT In the introduction to his course, Alfons Klafkowski raises the following questions: principle-based technique of organizing peace and international security is increasingly linked to international law, how does the question of the end of the state of war arises in international law, is the question regulated, and if so how and by whom? In order to answer these questions, the author presents the concept of state of…

B. Sohn, Louis Keywords: Treaties | Interpretation | Judicial settlement of international disputes | Mots clefs: Traités | Interprétation | Règlement judiciaire des différends internationaux | ABSTRACT Louis Sohn, Professor at Harvard University, devotes his course to the settlement of disputes relating to the treaty interpretation and application. After an introduction in which he addresses, inter alia, the question of the Dispute Settlement Code for the Law of the Sea Convention, the author examines the history of compr…

Buergenthal, Thomas Keywords: Treaties | Direct effect | International law and domestic law | Mots clefs: Traités | Applicabilité directe | Droit international et droit interne | ABSTRACT In this course, the author focuses on the international law aspect of the concept of self-executing treaties. He does so by analyzing the international law rules that determine what obligations States have to implement treaties on the domestic plane and the extent to which States are required to allow individuals to invoke the specific pr…

Maresceau, Marc Keywords: European Union | Bilateral agreements | Law on conclusion of international treaties | Treaties | Mots clefs: Union européenne | Accords bilatéraux | Droit de conclure des traités | Traités | ABSTRACT Marc Maresceau, professor at Ghent University and the University of Brussels, clarifies that he does not want to provide a theory of European Community treaty-making in his course, but that he aims to offer a basic insight into what is now a well-established but complex practice regarding bilateral agreement…

Martiny, Dieter Keywords: Food | Private international law | Treaties | Mots clefs: Alimentation | Droit international privé | Traités | ABSTRACT Dieter Martiny, research associate at the Max Planck Institute in Hamburg, devotes this course to maintenance obligations in private international law. As Dieter Martiny explains in his course, the origins for these obligations can be found in family law. After introducing the system of maintenance obligations and its complexities, the author explains the historical develop…

Z. Ehler, Sidney Keywords: Roman Catholic Church | Treaties | Pope | Mots clefs: Eglise | Traités | Pape | ABSTRACT According to Sidney Z. Ehler, a concordat is an international agreement between the Pope and a State relating to the legal situation of the Catholic Church of that state. The author begins his study with a presentation of the two parties to the concordat: the Pope and the State. He next examines the characteristics of the concordat as an international agreement, later examines the characteristics of th…

Valticos, Nicolas Keywords: International Labour Organization | International labour law | Treaties | International control | Labor | Mots clefs: Organisation internationale du travail | Droit international ouvrier | Traités | Contrôle international | Travail | ABSTRACT Head of the Department of International Labor Standards at the International Labor Office The examination of the system established for the control of application of international labor conventions presents a special interest for a series of reasons, writes Nicolas …

O. Elias, T. Keywords: Treaties | Legality | Mots clefs: Traités | Légalité | ABSTRACT T.O. Elias starts his course on the problems of the validity of treaties by an introductive study of the grounds of invalidity. He then studies the constitutional limitations to the power of making the treaties as well as a few specific internal restrictions. The author later focuses on the error and fraud and on corruption and coercion. He analyzes the legal procedure of settlement of disputes, and dedicates his last chapter to the consequences of the invalidity of treaties. T.O. Elias commence son co…