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 …

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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 …

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…

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…

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…

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 …

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, …

Crawford, James Keywords: Obligations of the state | Public international law | Development of international law | Ius cogens | International Law Commission | State responsibility | United Nations | Charter | International Court of Justice | Mots clefs: Obligations des états | Droit international public | Développement du droit international | Jus cogens | Commission du droit international | Responsabilité des Etats | Nations Unies | Charte | Cour internationale de Justice | ABSTRACT The author, director of the Lauterpacht Center for International Law, examines in this…

Roucounas, Emmanuel Keywords: Individuals | Public international law | Mots clefs: Individus | Droit international public | ABSTRACT Emmanuel Roucounas, Professor at the University of Athens, devotes his general course on public international law to the question of the status of the individual in public international law. Professor Roucounas starts by describing the divided character of the legal theory concerning the individual's status in public international law, and then develops his subject in four steps. In…

Zemanek, Karl Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Karl Zemanek proposes to focus his general course on public international law on the role that the fundamental rules of public international law play in the functioning of the international system, those rules that constitute the legal foundation of public international law. Since these rules are the foundations of a political system, they must be viewed in their political context. This approach makes it neces…

McLachlan, Campbell Keywords: Exception de litispendance | International law of procedure | Private international law | Public international law | International arbitration | International commercial arbitration | Mots clefs: Litispendance | Droit international de procédure | Droit international privé | Droit international public | Arbitrage international | Arbitrage commercial international | ABSTRACT Campbell McLachlan, Professor at Victoria University of Wellington, devotes his course to lis pendens in international law. After a detailed intro…

Verhoeven, Joe Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT Joe Verhoeven, Professor at the University of Paris II, highlights in the introduction to his general course on public international law, that the substantive or primary rules, which impose on subjects of law of commands with which the rules must comply, are the least legally interesting. In fact, they do not demonstrate in any way the inherent genius of the "legal" normativity to which the rules belong. The …

Dupuy, René-Jean Keywords: France | Revolutions | Public international law | Mots clefs: France | Révolutions | Droit international public | ABSTRACT In this conference devoted to the French Revolution in its relations with contemporary international law, Rene-Jean Dupuy, Professor at the College de France, is interested on one hand in revolutionary universalism (Universal Declaration of Rights of Man and of the Citizen and pacifist ideology) and on the other hand in nationalism (sovereignty of the nation-state and r…

Bedjaoui, Mohammed Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT In this very detailed course, a true legal testament left by the Former President of the International Court of Justice, Mohammed Bedjaoui intends to question himself, keeping in mind the strong idea of human happiness as it appears in the writing of Thomas Jefferson, to know whether and how international law can, if the major objectives of peace and development are not achieved, at least contribute a lit…

Enrique Alvarez, José Keywords: Foreign direct investment | Public international law | Legal regime | Economy | Globalization | Sovereignty | United States of America | Bilateral investment treaties | Argentina | Mots clefs: Investissements directs à l'étranger | Droit international public | Régime juridique | Economie | Mondialisation | Souveraineté | Etats-Unis d'Amérique | Traités bilatéraux d'investissement | Argentine | ABSTRACT This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists pri…

Bedjaoui, Mohammed Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT This article by Mohammed Bedjaoui, Former President of the International Court of Justice, is the second part of his course on Humanity in Search for Peace and Development (published in volumes 324 and 325 of the Collected Courses of the Hague Academy of International Law). This volume includes the end of the first part (peace, a conquest..., which remains a quest), devoted to the pacifying function of th…

H. Oxman, Bernard Keywords: Public international law | Legal education | Mots clefs: Droit international public | Enseignement juridique | ABSTRACT In the inaugural lecture of the 2010 Public International Law Session, Mr. Oxam, Professor of Law at Miami University School of Law, examines some characteristics of international law relating to ideals that might, or should, be the ideals of students interested in this field of study. He does not understand the term "ideal" in the pure philosophical sense, but rather in the pursuit of a noble goal. Dans cette conférence inaugurale de l…

Tomuschat, Christian Keywords: Obligations of the state | Law of treaties | Public international law | Legal principles | Mots clefs: Obligations des états | Droit des traités | Droit international public | Principes généraux du droit | ABSTRACT According to Christian Tomuschat, Professor at the University of Bonn, the place to be assigned to the will of States is crucial for the understanding of the international legal order. But though the will of States plays a considerable role in the appearance of obligations that are the States…

Rosenne, Shabtai Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT The title of Shabtai Rosenne's general course on public international law is inspired by the major work of the medieval Jewish philosopher and jurist, Moses Maimonides. These perplexities follow from the conviction that universal peace will become a reality when the world will have a workable, rational, balanced and accepted general system of international law and impartial and appropriate instruments to en…

Salmon, Jean Keywords: States | Sovereignty | Competence | Globalization | Legal personality | Public international law | European Union | Mots clefs: Etats | Souveraineté | Compétence | Mondialisation | Personnalité juridique | Droit international public | Union européenne | ABSTRACT Jean Salmon, Professor Emeritus at the Université libre de Bruxelles, was convinced, while attending Paul Reuter’s doctoral course on international organizations in Paris in 1955, that the sovereign State was destined to disappear and would otherwise be re…

I. Charney, Jonathan Keywords: International courts | Public international law | Mots clefs: Tribunaux internationaux | Droit international public | ABSTRACT In this course, Jonathan I. Charney, Professor at Vanderbilt University, Nashville wonders if the coherence of international law is threatened by the increasing number of international tribunals. Professor Charney endeavours to answer this question by investigating various themes: treaty interpretation and reservations, sources of international law, State respo…