Reed, Lucy Keywords: International crises | Public international law | Private international law | International dispute settlement | Iran-United States Claims Tribunal | United Nations Compensation Commission | North Korea | Nuclear energy | Mots clefs: Crises internationales | Droit international public | Droit international privé | Solution des différends internationaux | Tribunal irano-américain de réclamations | Commission de compensation des Nations Unies | Corée du Nord | Energie nucléaire | ABSTRACT Lucy Reed, partner at Freshfields Bruckhaus Deringer LLP in…

Riphagen, †W. Keywords: Methodology | Public international law | Mots clefs: Méthodologie | Droit international public | ABSTRACT W. Riphagen, Professor Emeritus of the Erasmus University of Rotterdam, proposes in this course to build up a scientific modelization of the techniques applied in international law. The following topics are dealt with successively: modelization of techniques; similar problems and solutions within domestic law; interpenetration of international law and domestic law; the branches of ius …

Sørensen, Max Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT According to Max Sorensen, the course explains the interrelation of the two factors of stability and evolution that is, in any legal system, the crux of the problems for doctrine and practice that arise. Stability is the essence of the law. Evolution, on the other hand, is the necessary consequence of the changes taking place in the social conditions at the base of the legal sy…

Singh, Nagendra Keywords: Carriage of goods by sea | Public international law | Mots clefs: Transport maritime | Droit international public | ABSTRACT Nagendra Singh writes that the principles of the law of merchant shipping partly derive from the domestic law of the States participating in maritime trade, and partly from multilateral treaties and multilateral conventions. First, the author presents the general principles of international law governing merchant shipping. In the second part on public international law …

E. S. Fawcett, J. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT J.E.S. Fawcett selects a series of important and interesting themes for his General Course on Public International Law (in 1971) and places them in a legal framework by constructing the discussion around a central theme: jurisdiction. He examines three main areas from the perspective of public international law: the concepts of sovereignty and jurisdiction, the location of jurisdictional objects, and transfers of jurisdiction. J.E.S. Fawcett a sélectionné pour son cours…

Venturini, G. Keywords: Unilateralism | Public international law | Mots clefs: Unilatéralisme | Droit international public | ABSTRACT In the most recent doctrine, Gian Carlo Venturini points out in 1964 that there is a tendency to recognize the eligibility, in the international legal order, of institutions specific to certain systems of domestic law, such as estoppel and acquiescence, which assign legal effects to the attitude of States, while doubts still arise as to the legal value of the unilateral acts themse…

Caldera, Rafael Keywords: Public international law | Justice | Mots clefs: Droit international public | Justice | ABSTRACT At the conference given by Rafael Caldera, Former President of Venezuela, in The Hague on 8 July 1896, the author seeks a juridical basis for a new international order which he calls for and which, by promoting social justice, will guarantee peace. Lors de cette conférence que Rafael Caldera, ancien président du Venezuela, a donné à La Haye le 8 juillet 1896, l’auteur recherche le fondement juridique d’un nouvel ordre international q…

E. Butler, W. Keywords: Public international law | Comparative law | Mots clefs: Droit international public | Droit comparé | ABSTRACT In his course, W.E. Butler, Professor at University College London, focuses primarily on four areas of comparative legal studies. The first is the comparative analysis of the international legal system, including subsystems and doctrine. The author then focuses on a comparative analysis of the relations between international law and domestic legal systems and cultures, followed by a …

B. Landheer, M. Keywords: Sociology | Public international law | Mots clefs: Sociologie | Droit international public | ABSTRACT After some remarks on the fundamental concepts of sociology, B. Landheer examines the evolution of sociological thinking on international society and international law. The author next examines the relations between formal and non-formal structures in international society. The author discusses the impact of social change on international society. Finally, the author discusses the likely …

R. Baxter, R. Keywords: International customary law | Public international law | Law of treaties | Mots clefs: Droit coutumier international | Droit international public | Droit des traités | ABSTRACT The objective that R. Baxter assigns to his course is to describe how the treaties, whether bilateral or multilateral, serve as evidence of the state of customary international law. First, he examines multilateral treaties as declaratory of customary international law, multilateral treaties as constitutive of customary internati…

Skubiszewski, Krzysztof Keywords: Hague Academy of International Law | Public international law | Mots clefs: Académie de droit international de La Haye | Droit international public | ABSTRACT Professor Skubiszewski, Member of the Curatorium of the Hague Academy of International Law, focuses in his course on the contribution of the Academy to the development of the science and the practice of private international law. There is no doubt, according to Professor Skubiszewski, that the Academy not only enjoys a solid position…

Salvioli, Gabriele Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Gabriele Salvioli begins his course with a presentation of the question of the definition of the rule of international law. He focuses on the element of the application, and then examines the presentation of positive international law on one hand, and natural law on the other hand. Gabriele Salvioli commence son cours par une présentation de la question de la définition de la règle de droit international. Il s'intéresse ensuite à l'élément de l'applic…

Antonio Pastor Ridruejo, José Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Professor Pastor Ridruejo builds his systematic exposé on international law on four fundamental starting points. The first chapter is dedicated to the general character of international law, to its characteristics compared to domestic law, whether this concern its sources, the prevention and/or the sanctioning of violations, or dispute settlement. The second chapter relates to the generic aspects…

C. Jessup, Philip Keywords: Peace | Public international law | Mots clefs: Paix | Droit international public | ABSTRACT Philip C. Jessup devotes this lecture, given on August 2 1960, in the Great Hall of the Peace Palace, The Hague, in commemoration of the fiftieth anniversary of the creation of the Carnegie Endowment for International Peace in New York, to a Half-Century of Efforts to Substitute Law for War. Philip C. Jessup consacre cette conférence, donnée le 2 août 1960 dans le grand hall du Palais de la Paix, à La Haye, en commémoration du cinquantième anniv…

Mahiou, Ahmed Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Ahmed Mahiou, Honorary Research Director at the National Center for Scientific Research, Aix-en-Provence, notes in the introduction to his course that the structure of international law and the movement that drives it are very different from those of domestic law, to an extent that there is a permanent quest for balance and compromise between contradictory and equally important demands, and a constant adjustme…

Jacqué, Jean-Paul Keywords: Norms | Public international law | Mots clefs: Normes | Droit international public | ABSTRACT Jean-Paul Jacqué, Professor at the Robert Schuman University in Strasbourg, asks why, if the norm is defined, quite provisionally, as a set of rights and obligations, the relationships established between the Act and the Norm should be examined. He writes, it seems quite obvious to say, that the Act is an instrument for creating Norms, but it does not have the exclusivity of this function whic…

Tunkin, Grigory Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Grigory Tunkin, Professor at Moscow University, proposes in this article a new theory of the inter-state system considered as an integral system. Professor Tunkin first focuses on international politics and the creation of norms of international law for presenting this new theory. Then, he studies the link between international law and politics and between international law and force. He also devotes a chapt…

C. Joseph Chacko, Dr. Keywords: India | Public international law | Mots clefs: Inde | Droit international public | ABSTRACT Joseph Chacko begins his course on India's Contribution to the Field of International Law Concepts with a review of the history of international law in ancient India. He then focuses on international law in India since 1947, the date of independence of that country, based on case studies. Finally, the author examines the situation of Indian States under international law, and then the issue of Kashmir under international law. Joseph Chacko commence son cours su…

S. Mcdougal, Myres Keywords: Public international law | International relations | Legal theory | Mots clefs: Droit international public | Relations internationales | Théorie du droit | ABSTRACT After an introduction to the tasks of a politically-oriented law in the 1950s, Myres S. McDougal presents the inadequate aspects of contemporary theory about international law. He then discusses public international law as a research framework as it relates to world social and power contexts and processes. Finally, he focuses on the…

Lachs, Manfred Keywords: Public international law | Development of international law | Mots clefs: Droit international public | Développement du droit international | ABSTRACT Manfred Lachs, Judge and Former president of the International Court of Justice, focuses on the study of roots of international law, its fundamental presuppositions, and some of its major questions of particular relevance at the time of writing this course. He aims to define the relationship between the State and nature, the relationship between …

G. Fenwick, Charles Keywords: Development of international law | Public international law | Mots clefs: Développement du droit international | Droit international public | ABSTRACT In this course, Charles Fenwick does not intend to apply the standard approach found in the textbooks to the general principles of international law, but to review the progress of international law during the past forty years and to present the benefits of broadening the scope of application and the accompanying progress in defining and clarifying the fundamental principles. Charles Fenwick n'entend …

Morelli, Gaetano Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Gaetano Morelli begins his General Course on public international law with a presentation of the international legal order, and then describes the sources of international law. He discusses the classification of the rules of international law. Finally, he presents the issue of the relationship between international order and state orders, subjects of international law, the legal status of subjects, the orga…

Truyol Y Serra, Antonio Keywords: Sociology | Public international law | International relations | Mots clefs: Sociologie | Droit international public | Relations internationales | ABSTRACT Antonio Truyol y Serra explains that the study he undertakes in this course confines on the borders of the sociology of international law and the theory of international relations. He begins his research with a presentation of the concept of international society. He then discusses the genesis and evolution of global international soc…

Tieya, Wang Keywords: China | Public international law | Mots clefs: Chine | Droit international public | ABSTRACT Wang Tieya, Professor at Peking University, notes that Chinese international law has a long history by considering the international law of the Spring and Autumn and Warring states periods during the Zhou Dynasty (722-221 BC). The objective of Professor Wang Tieya’s course is not to make a historical study, but to answer some questions about international law in China: Was there an international law …

Weil, Prosper Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this general course of public international law, Prosper Weil, Professor emeritus of the University Paris II, abstains from outlining, chapter after chapter, the substance of the matter, but limits himself to some reflections on international law as a legal system. Professor Weil thus proposes to review the existential problems currently facing international law, and examines the problems of normativity tha…

Arthur Watts, KCMG, QC, Sir Keywords: Heads of State and Heads of government | Public international law | Mots clefs: Chefs d Etats | Droit international public | ABSTRACT Arthur Watts, barrister and international arbitrator, proposes in this course a systematic study of the legal position of Heads of States, heads of governments and foreign ministers with respect to international law. He draws attention first of all to the status of Heads of States, to different constitutional forms and titles, moving on to talk about the …

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…

Reuter, Paul Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT Paul Reuter writes that he chooses a plan as classic as possible for his course, which fits into a tradition lying behind it and fits into the courses of Academy devoted to the general rules of the law of peace and to the general principles of public international law. Chapter I, International Societies and Their Law, and Chapter II, The Systematic Aspects of International Law, …

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 …

I. Tunkin, Grigory Keywords: Peaceful coexistence | Public international law | International relations | Mots clefs: Coexistence pacifique | Droit international public | Relations internationales | ABSTRACT Grigory I. Tunkin begins his course on Coexistence and International Law with a study of creation of norms of general international law (he deals with the question of the sources of public international law). He then focuses on the foundation of contemporary international law, the impact of coexistence on public intern…

Kamto, Maurice Keywords: States | Will | Public international law | Mots clefs: Etats | Volonté | Droit international public | ABSTRACT In his general course on public international law, Maurice Kamto, Professor at the University of Yaoundé II, presents a detailed study of the will of the State in public international law. After a thorough review of the concepts of State and will in international legal thinking, Professor Kamto observes that, contrary to the claim of the followers of the radical and exclusivist volun…

Guggenheim, Paul Keywords: Sources of law | Public international law | Mots clefs: Sources | Droit international public | ABSTRACT Paul Guggenheim begins his course on the History of the sources of the law of the nations with a presentation of the origins of the concept of the law of the nations, from the Roman law to the practice of the 12th and 13th centuries. He then focuses on the concept of the law of nations in the writings of the founders of international law, then successively to custom, international treaties, and the general principles of law recognized by civilized nations. Paul Gugg…

Gaja, Giorgio Keywords: Ius cogens | Public international law | Vienna Convention on the Law of Treaties (Vienna, 23 May 1969) | State responsibility | Mots clefs: Jus cogens | Droit international public | Convention de Vienne sur le droit des traités (Vienne, 23 mai 1969) | Responsabilité des Etats | ABSTRACT Giorgio Gaja, Professor at the University of Florence, begins an analysis of the role of peremptory norms in contemporary treaty law. He devotes a first chapter of his course to treaty law. After some preliminary remarks on the relevance of…

THOMAS M. FRANCK Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Taking the point of view that public international law is too rich and too complex a subject to be dealt with in its entirety within the framework of a general course on public international law, Thomas Franck, Professor at the University of New York, decides to focus on public international law from the perspective of fairness. In Part I of the course he presents an analytical framework of public internatio…

H. Kooijmans, P. Keywords: Protestantism | Public international law | Mots clefs: Protestantisme | Droit international public | ABSTRACT P. H. Kooijmans, Professor at the University of Leiden, devotes his course to the role played by Protestantism in the development of international law. After a study of the relationship between religion and law, the author presents the influence of the reformation on the development of international law (and in particular the role played by Protestantism in the secularization of …

K. R. R. Sastry, Professor Keywords: Hindous | Hindu law | Public international law | Mots clefs: Hindouisme | Droit international public | ABSTRACT K.R.R. Sastry writes in the introduction to his course that Hinduism is not only a religion and a philosophy, but also a way of life. The aim of the course is to show to what extent the major principles of international law are in conformity with doctrine or philosophy in Hinduism, and may even be part of the doctrine. After an introductory presentation to beliefs of Hindu…

Conforti, Benedetto Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The General course on Public International Law by Benedetto Conforti, Professor at the University of Naples, is based on the idea that international law is no longer, or no longer only, a matter for diplomats and that it must be administered, like any other branch of law, by all legal operators, i.e. all those who exercise public functions within the State and who, at any level, are intended to enforce t…

Tomuschat, Christian Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Most of the tasks essential for the survival of humankind have to be performed within domestic contexts. International law has a general function to fulfill, namely to safeguard international peace, security, and justice in relations between States and human rights as well as the rule of law domestically inside States. In this course, the author first highlights the foundation of the international legal…

Gómez Robledo, Antonio Keywords: Ius cogens | Public international law | Mots clefs: Jus cogens | Droit international public | ABSTRACT In his course, Antonio Gomez Robledo presents a very thorough study of the international ius cogens. After a historical study of the notion of ius cogens (prehistory and legislative history), the author exposes the doctrinal dialectic opposing defenders and deniers of ius cogens. He then presents a theory of ius cogens, and examines the ius cogens superveniens. The author addresses …

Zicgardi, Piero Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The examination of the Elements of the International Legal Order, which is the subject of the Piero Ziccardi’s course, can be approached from different points of view. The author chooses the theoretical perspective and decides to make the examination as the starting point for a revision of the definition of international law, and a revision having the value of an introduction to the systematic exposition of …

Tammes, A.J.P. Keywords: International organizations | Decisions | Public international law | Sources of law | Mots clefs: Organisations internationales | Décisions | Droit international public | Sources | ABSTRACT A.J.P. Tammes devotes a course to the Decisions of International Organs as a Source of International Law. The author begins with a study of the introduction of a new legislative technique, which is not retained as a source of international law by Article 38 of the Statute of the ICJ. The author next focuses on hyb…

Dupuy, Pierre-Marie Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Professor Pierre-Marie Dupuy, of the European University Institute of Florence, reminds us in the introduction to his general course on public international law about the unity of the international legal system and how relevant this topic is today. Indeed, as Professor Dupuy stresses, the international legal system is subject to a constant phenomenon of expansion which results on the one hand in an exten…

L. Bindschedler, Rudolf Keywords: Property | Diplomatic protection | Public international law | Mots clefs: Propriété | Protection de nationaux à l étranger | Droit international public | ABSTRACT Rudolf Bindschedler says in 1956 that the expropriation of private property is certainly nothing new. It is not today that the State appropriates property previously owned by individuals, including entire enterprises or even branches of industrial facility. The frequent absence or inadequacy of the allowances granted to the intere…

Quadri, R. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT R. Quadri begins his General Course on Public International Law with a presentation of general problems related to the subject, in which he proposes a definition of the concept of international law and presents some general and theoretical characteristics. He focuses on the system of international rules and examines the different types of norms of international law. The author devotes the following chapter to the…

Dupuy, René-Jean Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Rene-Jean Dupuy considers that we are at the crossroads of two routes: one route is at the level of structures and shows us the international community at the heart of the dialectic of power and law. How is power subject to the law and how is the international community progressing or, on the contrary, being thwarted in the struggle between the two antagonistic forces? The second route lies in the substance…

Henkin, Louis Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Louis Henkins, Professor at Columbia University in New York, notes that a general course cannot aspire to be a comprehensive course covering all international law, and that the publication of a new general course every year is only justified if it provides different perspectives on traditional subjects of international law or elaborates new legal developments in the law. In this course, the author does both. H…

Augusto Cançado Trindade, Antônio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Professor Conçado Trindade, judge and former president of the Inter-American Court of Human Rights, observes that, given the extraordinary expansion of the discipline along the last decades, it would be an impossible task to attempt to provide an in-depth and detailed treatment of international law. Thus, an element of selection is indeed necessary, and the author intends to provide an overal…

A. Falk, Richard Keywords: Newly-independent states | Public international law | Mots clefs: Etats nouveaux | Droit international public | ABSTRACT The active participation of the newly independent African and Asian States in international life is of great significance to the international legal order. Richard Falk's course assesses this significance mainly from the perspective of the new states. La participation active des Etats d'Afrique et d'Asie nouvellement indépendants à la vie internationale recèle une grande signification pour l'ordre juridique…

Keywords: Soviet Union | Public international law | Mots clefs: Union des républiques socialistes soviétiques | Droit international public | ABSTRACT Serge Krylov begins his course with a presentation of the concept of international law as understood by the Soviet doctrine in 1947. The author then presents the sources of international law and the methods of international regulation. The author also focuses on the State as a subject of international law. Serge Krylov commence son cours par une présentation de la notion de droit international telle que l'entend la do…

Schwarzenberger, Georg Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT Georg Schwarzenberg begins his course on the Fundamental Principles of International Law with a general presentation of the principles: the nature of legal principles, common characteristics of fundamental principles of international law, and the general problems. He then successively analyzes the principle of sovereignty, the principle of recognition, the principle of…

Moreau-Reibel, Jean Keywords: Public international law | Legal history | Hugo Grotius (1583-1645) | Mots clefs: Droit international public | Histoire du droit | Grotius (H.) | ABSTRACT The objective of Jean Moreau-Reibel’s course is to study the two concepts or rather two groups of concepts: the concept of jus gentium and jus humanae societatis, which can be deduced from a long elaboration. After a preamble devoted to the advent of these concepts on the International Forum of Carneades in Cicero, the author shows the development of these concepts i…

Brownlie, Ian Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The general outlook adopted by Ian Brownlie, Professor at the University of Oxford, in his General Course on Public International Law, is that of the objective positivist, that is to say that he takes into account the views of States. However, this positivism is supplemented by paying special attention to the significant role of international tribunals in making law. Professor Brownlie's approach is also that …

Kelsen, Hans Keywords: Public international law | Legal theory | Mots clefs: Droit international public | Théorie du droit | ABSTRACT Hans Kelsen devotes his course to the presentation of the theory of international law. He seeks to answer the following questions: What is the nature of international law? Is it a right in the true sense of the word; that is to say, is it comparable to domestic law by being like it and to the same extent mandatory for the subjects submitted to it? Hans Kelsen thus examines how interna…

Virally, Michel Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Michel Virally, Professor at the University of Law, Economics, and Social Sciences, Paris, emphasizes in the introduction to his course that we must take the law as it presents itself (as a normative set), but also place it in its socio-historical environment, without which it has no reality - and therefore go beyond the purely formal aspects and adopt a multidisciplinary approach, without getting lost in th…

A. Wortley, O.B.E., LL.D., B. Keywords: Public international law | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT In his course on the Interaction of Public International Law and Private International Law, B. A. Wortley seeks to explain how the rules of these two branches of law are interlinked and how the growth of one branch can affect the other. The author offers a series of examples to illustrate his general thesis that public international law and private i…

Wengler, Wilhelm Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Wilhelm Wengler, Professor Emeritus of the Free University of West Berlin, examines in his course the four paradoxes encountered by a jurist trained in the domestic law of a Western state: it is its system of legal sanctions, which is decisive for conceiving public international law as a legal order; there is no legal rule given for the judicial determination of concrete violations of international law; its…

Truyol Y Serra, Antonio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his general course on public international law, Antonio Truyol y Serra attempts to find out what is constant and new, or possibly renewal, in the current evolution - to draw up, so to speak, an assessment that does not disdain to take into account the extra-legal factors, which contributed or contribute to the configuration of the principles and rules of public international law as they are presente…

Cassese, A. Keywords: Constitutional law | Public international law | Mots clefs: Droit constitutionnel | Droit international public | ABSTRACT Antonio Cassese, Professor at the University of Florence, describes in his course the attitude that modern states adopt toward the international community, insofar as this attitude is described in constitutional texts. More specifically, Antonio Cassese examines whether these States, in their constitutional texts, and to the extent that this is available, in their constitut…

A. Frowein, Jochen Keywords: Public international law | Ius cogens | Multilateral treaties | Mots clefs: Droit international public | Jus cogens | Traités multilatéraux | ABSTRACT This course by Jochen Frowein, directeur of the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, is devoted to an issue that has become increasingly prominent in the past decades. Until about 1970 it was agreed that international law, as far as violations and counter-measures were concerned, operated in a bila…

Hambro, Edvard Keywords: Public international law | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT The purpose of Edvard Hambro's course is to give an introduction to the study of the relations between private international law and public international law. For this study, the author understands all the rules of international law based on treaties, international custom, and general principles of law commonly applied by States, international organizations, and…

A. Barberis, Julio Keywords: Latin America | Public international law | Mots clefs: Amérique latine | Droit international public | ABSTRACT In this course, Julio A. Barberis addresses the question of whether, within the framework of the international legal order, there are standards applicable only in a particular regional area or whether, on the contrary, all these standards are universal in scope. In the first part of the course, the author provides the necessary elements to identify the various standards that con…

Ferrari Bravo, Luigi Keywords: International customary law | Public international law | Mots clefs: Droit coutumier international | Droit international public | ABSTRACT Luigi Ferrari Bravo, Professor at the University of Rome, examines in his course the manifestations of the practice of States with regard to research methodologies of international custom (diplomatic and legislative practice, jurisprudence of national courts, practice of international negotiations ...). The author devotes an important place to the pra…

Riphagen, W. Keywords: Public order | Private international law | Public international law | Public law | Mots clefs: Ordre public | Droit international privé | Droit international public | Droit public | ABSTRACT W. Riphagen points out in the introduction to his course that the relationship between public international law and private international law is not one of the issues of greatest concern to lawyers in the field; it has given rise to many theoretical debates. The author successively focuses on the technique of conflict …

Gerald Fitzmaurice K. C. M. G., Q. C., Sir Keywords: Legal principles | Public international law | Rule of law | Mots clefs: Principes de droit | Droit international public | ABSTRACT For his course on the General Principles of International Law, Gerald Fitzmaurice considers international law from the point of view of the rule of law. After an introduction to the themes developed in his course, the author discusses the first theme (automaticity) and asserts that international law is automatically and ipso facto binding upon St…

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 …

Meron, Theodor Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his course, Theodor Meron, President of the International Tribunal for the Former Yugoslavia, sets out to study the influence of human rights on general international law. Although human rights are central to this course, this is not a course about human rights, but rather about the reforming effect that human rights have on other fields of public international law. By examining most of the general areas o…

Quadri, Rolando Keywords: Legal philosophy | Public international law | Legal theory | Mots clefs: Philosophie du droit | Droit international public | Théorie du droit | ABSTRACT The life of the international community, not less than the life of the state communities, is the object of a system of rules, which are regarded as compulsory by States and have always evoked the idea of law. In this course, Rolando Quadri explains the reasons why the rules of international law are compulsory and the reasons why the rules force St…

Bourquin, Maurice Keywords: Science | Public international law | Technical sciences | Mots clefs: Sciences | Droit international public | Sciences techniques | ABSTRACT Maurice Bourquin points out in the introduction to his course that we are now looking at a contradiction. On one hand, the progress of science shows the anarchy of sovereignty as an anachronism incompatible with the needs of modern society; but on the other hand, the establishment of an effective international order is confronted with the resistance of …

De Visscher, Paul Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Paul de Visscher, Professor at the Catholic University of Louvain, begins his course on public international law by presenting some general concepts relating to the concept and characters of the international legal order, the problem of relations between systems, and recipients and subjects of the international legal order. He then examines the development of international law and thus focuses on custom, in…

L. Kunz, Josef Keywords: Development of international law | Public international law | International organizations | Mots clefs: Développement du droit international | Droit international public | Organisations internationales | ABSTRACT Josef Kunz writes in 1955 that we speak a lot about “crisis of the law of nations” among laymen, statesmen, and even among the representatives of the science of the law of nations. For some, it is a source of resignation, for the others it is a source of hope. It is not surprising, therefore,…

Abi-Saab, Georges Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Georges Abi-Saab, Professor at the Graduate Institute of International Studies in Geneva, chooses a dual-axis investigation in his general course on public international law in order to present a significant overview of the subject: on one hand, to highlight how international law functions as a legal system, that is, how norms, institutions, and mechanisms articulate with respect to each other to form a wh…

Goldschmidt, Werner Keywords: State contracts | Public international law | International commercial law | Mots clefs: Droit international public | Droit commercial international | ABSTRACT Werner Goldschmidt presents, in the introduction of this course devoted to a methodological study of transactions between States and public firms and foreign private firms, the methods dealing with the subject: normology and trialism. In the primary part of his course, the author presents, on one hand, a normological approach to trans…

Roucounas, Emmanuel Keywords: Norms | Public international law | Mots clefs: Normes | Droit international public | ABSTRACT Emmanuel Roucounas, Director of the Department of International Studies (Legal Studies) of the Faculty of Legal, Economic, and Political Sciences of the University of Athens, points out in the introduction to his course that the norms of international law generally realize a parallel development, adapting the law to the needs of the changing international community. However, contradictions, …

Wright, Quincy Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his course on Strengthening of International Law, Quincy Wright explores the possibility of improving five external factors that are detrimental to the effectiveness of international law. He thus proposes to answer the following questions: Can the concept of Empire be replaced, in the minds of peoples and governments, by the concept of internationalism of the United Nations? Can the potentialities of milit…

W. Kowalski, Wojciech Keywords: Monuments of architecture, art or history | Restitution | Private international law | Public international law | Cultural heritage | Private international law | Cultural heritage | Mots clefs: Monuments d’architecture, d art ou historiques | Restitution | Droit international privé | Droit international public | ABSTRACT Professor Wojcieh W. Kowalski devotes his course to an analysis of the reasons justifying the distinction between cultural property and other types of property, and to the description of the princi…

Schachter, Oscar Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this general course on public international law, Ocar Schachter, Professor at Columbia University in New York, successively addresses fifteen important topics of public international law: the nature and reality of international law; policies, objectives, and rules in a divided world; the quest for objectivity: sources, academics, and judges; general principles and equity; international lex scripta; resol…

Carrillo-Salcedo, Juan-Antonio Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT According to Juan-Antonio Carrillo-Salcedo, Professor at the University of Seville, the general course of The Hague Academy of International Law offers the person to express his personal representation of international law envisaged as a whole and in its fundamental data. Professor Carrillo-Salcedo devotes a preliminary chapter to the functional character of sovereignty. In the first part of t…

Stone, D.C.L., S.J.D., Julius Keywords: Sociology | Public international law | Mots clefs: Sociologie | Droit international public | ABSTRACT Julius Stone studies in this course the relationship between international law and social, political, and economic facts that are relevant to the understanding of its origins, sustainability, changes, and judgments that mark its development. After an introduction to the problem of sociology of international law, the author examines the prerequisites for sociological studies, …

Capotorti, Francesco Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this course, Francesco Capotorti, Professor of the University of Rome, gives a systematic overview of public international law. He presents the main issues that public international law is facing today. After analyzing the characteristics of the international community and its law, Professor Capotorti elaborates on the following topics: the various subjects of international law; the bodies that make …

Guggenheim, Paul Keywords: Public international law | Legal principles | Mots clefs: Droit international public | Principes de droit | ABSTRACT In this course, Paul Guggenheim first examines the position of natural law in positive law and the concept of legal sociology. The author discusses the rules related to the modern law of nations: the rules that have not changed in substance since their creation; the norms that are influenced by changes in the political and economic infrastructure; and the rules that are rapi…

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…

Higgins, Rosalyn Keywords: International disputes | Public international law | Mots clefs: Différends internationaux | Droit international public | ABSTRACT In this course, Rosalyn Higgins, Professor at the London School of Economics and Political Science, has two main tasks. First, he attempts to show that an essential and inevitable choice must be made between the perception of international law as a system of neutral rules and international law as a decision-making system directed toward the realization of claim…

W. Bishop, WM. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT For William Bishop, one of the best ways to approach an international law is to ask the questions for what purposes and by whom. After an introduction to his General Course on Public International Law in which he describes the history of international law and speculates whether it is really law, the author focuses on the application - at the international level - of international law, the relations between dom…

Šahović, Milan Keywords: Development of international law | Public international law | Mots clefs: Droit international public | Développement du droit international | ABSTRACT Milan Sahovic, Director of the Institute of International Politics and Economics in Belgrade, points out in the introduction to his course that the development of international law leads us to a specific situation. The progress that has been made in the development activity calls for in-depth consideration of the value and importance of the new a…

J. A. Salmon, Jean Keywords: Factfinding | Public international law | Mots clefs: Faits | Droit international public | ABSTRACT The course of Jean Salmon, Director of the Institute of Sociology of the Université libre de Bruxelles, is devoted to the study of fact in the application of law. The author intends to analyze the role of juridical fact when international law is applied to an actual situation. If various moments or forms of legal reasoning have already been studied, the author does not believe that a synth…

Mosler, Hermann Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In his general course on public international law, Hermann Mosler, Judge of the International Court of Justice, studies the international law from the perspective of international society as a legal community. After a presentation of the basic concepts of international law, the author asks how the principles and rules of public international law involve and what makes principles and rules of public internati…

F. Lowenfeld, Andreas Keywords: Private international law | Public international law | Mots clefs: Droit international privé | Droit international public | ABSTRACT Andreas Lowenfeld`s thesis is that public international law and private international law have been artificially separated for too long, for reasons which he does not understand, and which in any case no longer seems valid. The author explores the issue using three themes and illustrations: State`s interest in the valuation process, US regulation of securi…

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…

Humphrey Waldock, Sir Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT After a presentation of the beginnings of an organized international community, Humphrey Waldock continues his course with a study of the framework of international law today in 1962. He then focuses on the main sources of international law (international custom, general principles of law, and treaties), and then on subsidiary sources. He discusses the question of the judicial process in international l…

Röpke, Wilhelm Keywords: Economy | Public international law | Mots clefs: Economie | Droit international public | ABSTRACT In this course, Wilhelm Ropke intends to make explicit the connection between international law and international economy, as the belief in an autonomous economic sphere is erroneous, since economic life depends on a series of meta-economic circumstances, which constitute a moral, political, social and legal framework. After a presentation of the problem it arises, the author studies internat…

Bedjaoui, Mohammed Keywords: Non-Aligned Countries | Public international law | Non-alignment | Mots clefs: Pays non-alignés | Droit international public | Non-alignement | ABSTRACT Mohammed Bedjaoui, Ambassador of Algeria in France, proposes in his course to assess the influence on the law and international relations of a growing category of States who claim to be non-aligned, who has an increased influence on World Affairs, and who challenge the rest of the world. The author thus presents two chapters entitled Interpellation and Participation, respectively. Mohammed Bedjaoui…

M. McRae, Donald Keywords: General Agreement on Tariffs and Trade | International trade | Public international law | World Trade Organization | Mots clefs: Accord général sur les tarifs douaniers et le commerce | Droit commercial international | Droit international public | Organisation mondiale du commerce | ABSTRACT The object of this course by Donald M. McRae, Professor at the University of Ottawa, is to investigate the relationship between international law and international trade law. Professor McRae is interested in the way how the fiel…

A. Mann, LL.D., F. Keywords: Currencies | Public international law | International financial law | Mots clefs: Monnaies | Droit international public | Droit international financier | ABSTRACT Frederick Mann explains in an introduction to his study that the Modern public international law of the money deals with four main subjects. Money is first and foremost one of the objects of the international organization, and its legal implications deserve attention. Then, the author studies main aspects of many treaties accompanying…

Pellet, Alain Keywords: Public international law | Development of international law | International Law Commission | International Court of Justice | United Nations | General Assembly | Security Council | Mots clefs: Droit international public | ABSTRACT In this inaugural conference of the public international law session 2007, Alain Pellet, Professor at the University of Paris X - Nanterre, attempts to clarify the following theme: how does international law adapt to the changing needs of the international society? The question is …

Accioly, Hildebrando Keywords: State responsibility | Legal principles | Public international law | Mots clefs: Responsabilité des Etats | Principes généraux du droit | Droit international public | ABSTRACT International responsibility, according to Hildebrando Accioly, is a legal position based on the well-known principle that, in the Community of Nations, as in civil society, all members of the Community, in their mutual relations, must observe rules of justice and respect their commitments. After a presentation of the ge…

De Visscher, Charles Keywords: Legal principles | Public international law | Mots clefs: Principes de droit | Droit international public | ABSTRACT Charles De Visscher writes in the conclusion of his course that the events of the last forty years have profoundly changed the traditional facts of international law. He writes in 1954, it is now realized, that a new approach must govern his study, and different methods must be applied to his teaching. After a presentation on the division or distribution of power in inter…

Sucharitkul, Sompong Keywords: Sovereign immunities | Mots clefs: Etats | Immunités diplomatiques et consulaires | Droit international public | Juridiction | ABSTRACT The objective of Sompong Sucharitkul’s course on the Immunities of Foreign States Before National Authorities is to examine the exact nature and scope of immunity of States from a purely legal and analytical perspective, with some references to historic developments. To do this, the author presents a legal analysis of immunity of foreign States as well …

Mosconi, Franco Keywords: Public order | Private international law | Mots clefs: Droit international public | Droit international privé | ABSTRACT Franco Mosconi, Professor at the University of Pavia, puts forward a hypothesis that there exists a "general principle of law recognized by civilized nations", which requires States, when situations are not solely governed by their domestic law, to leave a possibility for the application of rules drawn from foreign legal systems. If one accepts the existence of such a pri…

Arangio-Ruiz, Gaetano Keywords: United Nations | Judicial competence | International law and domestic law | League of Nations | Public international law | Mots clefs: Droit international public | Nations Unies | Droit international et droit interne | Société des Nations | Compétence étatique | ABSTRACT General Course on Public International Law by Gaetano Arangio-Ruiz, Professor at the University of Rome, focuses on the notion of domestic jurisdiction as a limit to the activity of international legal and political bodies. However, it also t…

Thierry, Hubert Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT International law has become so vast and extensive, Hubert Thierry, Professor at the University of Paris X-Nanterre, emphasizes that it is hardly possible to explain the general rules in the time allotted to the fifteen lessons given in the general course. Therefore, Professor Thierry has chosen to give a dominant theme to his course, that of the evolution and progress of international law. In this context, …