Collected Courses of the Hague Academy of International Law

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Mixed Private and Public International Law Solutions To International Crises (Volume 306)

(84,588 words)

Author(s): Reed, Lucy
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…

Techniques of International Law (Volume 246)

(59,300 words)

Author(s): Riphagen, †W.
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 …

International Law Problems of Merchant Shipping (Volume 107)

(58,775 words)

Author(s): Singh, Nagendra
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 …

General Course on Public International Law (Volume 132)

(72,798 words)

Author(s): E. S. Fawcett, J.
E. S. Fawcett, J. Keywords: Public international law | Mots clefs: Droit international public | ABSTRACT J.E.S. Fawcett selects a se…

Comparative Approaches to International Law (Volume 190)

(26,609 words)

Author(s): E. Butler, W.
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 comparative analysis of the domestic or "administrative" law of international organizations and instituti…

Treaties and Custom (Volume 129)

(29,060 words)

Author(s): R. Baxter, R.
R. Baxter, R. Keywords: International customary law | Public international law | Law of treaties | Mots clefs: …

The Contribution of the Academy to the Development of the Science and Practice of Public International Law (Volume 271)

(15,744 words)

Author(s): Skubiszewski, Krzysztof
Skubiszewski, Krzysztof Keywords: Hague Academy of International Law | Public international law | Mots clefs: Académie de droit international de La Haye | …

Le droit international à la veille du vingt et unième siècle : normes, faits et valeurs Cours général de droit international public (Volume )

(111,777 words)

Author(s): Antonio Pastor Ridruejo, José
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 relat…

Politics, Law and Force in the Interstate System (Volume 219)

(58,667 words)

Author(s): Tunkin, Grigory
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 integrTunkin, Grigory

The Development and General Trends of International Law in Our Time (Volume 169)

(155,305 words)

Author(s): Lachs, Manfred
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 …

Le droit international en quête de son identité (Volume 237)

(127,276 words)

Author(s): Weil, Prosper
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…

L’Organisation des États américains et le droit international (Volume 355)

(79,578 words)

Author(s): Arrighi, Jean-Michel
Arrighi, Jean-Michel Keywords: Organization of American States | Public international law | International law | Institutional law | …

Principes de droit international public (Volume 103)

(79,421 words)

Author(s): Reuter, Paul
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, …

À quelles conditions l’universalité du droit international est-elle possible? Conférence inaugurale, session de droit international public, 2011 (Volume 355)

(10,716 words)

Author(s): Chemillier-Gendreau, Monique
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 …

La volonté de l’État en droit international (Volume 310)

(159,395 words)

Author(s): Kamto, Maurice
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…

Jus Cogens beyond the Vienna Convention (Volume 172)

(18,578 words)

Author(s): Gaja, Giorgio
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…

Fairness in the International Legal and Institutional System General Course on Public International Law (Volume 240)

(183,921 words)

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…

Protestantism and the Development of International Law (Volume 152)

(12,437 words)

Author(s): H. Kooijmans, P.
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 …

Hinduism and International Law (Volume 117)

(33,942 words)

Author(s): K. R. R. Sastry, Professor
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…

Cours général de droit international public (Volume 212)

(83,851 words)

Author(s): Conforti, Benedetto
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…

International Law: Ensuring the Survival of Mankind on the Eve of a New Century General Course on Public International Law (Volume 281)

(167,440 words)

Author(s): Tomuschat, Christian
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…

Le ius cogens international : sa genèse, sa nature, ses fonctions (Volume 172)

(74,155 words)

Author(s): Gómez Robledo, Antonio
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 …

L’unité de l’ordre juridique international (Volume 297)

(185,461 words)

Author(s): Dupuy, Pierre-Marie
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…

Cours général de droit international public (Volume 113)

(94,501 words)

Author(s): Quadri, R.
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…

Communauté internationale et disparités de développement. Cours général de droit international public (Volume 165)

(84,915 words)

Author(s): Dupuy, René-Jean
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…

International law: Politics, Values and Functions General Course on Public International Law (Volume 216)

(157,263 words)

Author(s): Henkin, Louis
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…

International Law for Humankind : Towards a New Jus Gentium (I) General Course on Public International Law (Volume 316)

(291,171 words)

Author(s): Augusto Cançado Trindade, Antônio
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…

The New States and International Legal Order (Volume 118)

(34,868 words)

Author(s): A. Falk, Richard
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…

International Law at the Fiftieth Anniversary of the United Nations. General Course on Public International Law (Volume 255)

(72,872 words)

Author(s): Brownlie, Ian
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 …

Panorama du droit international contemporain. Cours général de droit international public (Volume 183)

(131,920 words)

Author(s): Virally, Michel
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…

Public International Law Paradoxes of a Legal Order (Volume 158)

(36,428 words)

Author(s): Wengler, Wilhelm
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…

Théorie du droit international public Cours général (Volume 173)

(170,386 words)

Author(s): Truyol Y Serra, Antonio
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…

Modern Constitutions and International Law (Volume 192)

(57,204 words)

Author(s): Cassese, A.
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…

Reactions by Not Directly Affected States to Breaches of Public International Law (Volume 248)

(34,913 words)

Author(s): A. Frowein, Jochen
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…

The Relations between International Law and Conflict Law (Volume 105)

(25,696 words)

Author(s): Hambro, Edvard
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…

Les règles spécifiques du droit international en Amérique latine (Volume 235)

(53,545 words)

Author(s): A. Barberis, Julio
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…

Méthodes de recherche de la coutume internationale dans la pratique des États (Volume 192)

(37,052 words)

Author(s): Ferrari Bravo, Luigi
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…

The Relationship between Public and Private Law and the Rules of Conflict of Laws (Volume 102)

(41,648 words)

Author(s): Riphagen, W.
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 …

The 1969 Vienna Convention on the Law of Treaties — 40 Years After (Volume 344)

(69,394 words)

Author(s): E. Villiger, Mark
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 …

International Law in the Age of Human Rights (Volume 301)

(178,057 words)

Author(s): Meron, Theodor
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…

Cours général de droit international public (Volume 136)

(78,670 words)

Author(s): De Visscher, Paul
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…

Cours général de droit international public (Volume 207)

(166,712 words)

Author(s): Abi-Saab, Georges
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…

Transactions between States and Public Firms and Foreign Private Firms (A Methodological Study) (Volume 136)

(47,211 words)

Author(s): Goldschmidt, Werner
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…

Engagements parallèles et contradictoires (Volume 206)

(102,644 words)

Author(s): Roucounas, Emmanuel
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, …
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