Collected Courses of the Hague Academy of International Law

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

(63,958 words)

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

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

(78,468 words)

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

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

(68,498 words)

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

Bilateral Treaties and Multilateral Instruments on Investment Protection (Volume 269)

(84,067 words)

Author(s): Sacerdoti, Giorgio
Sacerdoti, Giorgio Keywords: Foreign direct investment | Treaties | Mots clefs: Investissement | Traités | ABSTRACT In this course, Giorgio Sacerdoti examines and assesses the developments in bilateral treaties and recent initiatives as to multilateral instruments dealing with the promotion and protection of international investments. Investments from abroad have diversified in terms of type, sectors, and countries involved. These changes, in particular, have affected the role of developing countries as recipie…

Les droits de l’enfant dans les conventions internationales et les solutions retenues dans les pays arabo-musulmans (Volume 268)

(110,269 words)

Author(s): Moulay Rchid, Abderrazak
Moulay Rchid, Abderrazak Keywords: Arab States | Children | Rights | Treaties | Islam | Islamic law | Mots clefs: Pays arabes | Enfants | Droits | Traités | Islam | ABSTRACT This course of Moulay Rchid, Professor at the University of Rabat, deals with the relation, the exchange, the ambiguity or the conflict between authenticity and modernity, between traditional Moslem law and positive law, between the law and the facts. The rights of the child in the international conventions and the solutions that have been adopted in the A…

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

(78,359 words)

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

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

(8,523 words)

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

The Interaction between Customary International Law and Treaties (Volume 322)

(72,359 words)

Author(s): Dinstein, Yoram
Dinstein, Yoram Keywords: Treaties | International customary law | Law of treaties | Mots clefs: Traités | Droit coutumier international | Droit des traités | ABSTRACT Yoram Dinstein, Professor emeritus of the University of Tel Aviv, reminds us that Article 38 of the Statute of the International Court of Justice prescribes three strata – often referred to as "sources" – of international law. This study is confined to the interaction between two of those strata, namely treaties and customs, and does not deal with the gene…

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

(57,534 words)

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

Co-Operative Efforts in Private International Law on Behalf of Children: The Hague Children’s Conventions (Volume 323)

(94,991 words)

Author(s): J. Silberman, Linda
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…

Bilateral Agreements Concluded by the European Community (Volume 309)

(125,047 words)

Author(s): Maresceau, Marc
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…

Maintenance Obligations in the Conflict of Laws (Volume 247)

(58,409 words)

Author(s): Martiny, Dieter
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…