Recueil Des Cours 1998

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - La loi applicable à la garantie bancaire à premieère demande, par O. ELWAN, professeur à l'Université de Heidelberg; - The North American Free Trade Agreement: A Comparative Analysis by A.L.C. DE MESTRAL, Professor at McGill University, Montreal.

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law. This volume contains: - Conférences prononcées à l'occasion du soixante-quinzième anniversaire de l'Académie/Addresses Delivered on the Occasion of the 75th Anniversary of the Academy. - La contribution de l'Académie au développement de la science et de la pratique du droit international privé, par A.V.M. STRUYCKEN, membre du Curatorium de l'Académie de droit international de La Haye. - The Contribution of the Academy to the Development of the Science and Practice of Public International Law by S. SKUBISZEWSKI, Member of the Curatorium of the Hague Academy of International Law. - Is International Law Threatened by Multiple International Tribunals? by J.I. CHARNEY, Professor at Vanderbilt University, Nashville.

The Judicial Reports/Recueils judiciaires of the International Criminal Tribunal for the former Yugoslavia (ICTY) comprise (in English and French) all Judgments by both Trial Chambers and the Appeals Chamber as well as their most significant Decisions and Orders issued in a given year.

The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.

Contains summaries of the Commission's work on various topics and any resulting treaty texts, with notes.

This book addresses fundamental aspects of the concept of public international law in both theory and practice. The argument developed by the author is that, underlying the traditional, horizontal, structure of public international law, a vertical structure of the concept of law may be discerned. This vertical structure is seen unfolding into two, mutually exclusive, frameworks: a framework of obligation, accounting for obligations, and a framework of authorization, accounting for rights. The problem then arising is that a concept of public international law which only admits either rights or obligations cannot be regarded as coherent. The author, however, takes and substantiates the position that coherence can be achieved by suppressing the mutual exclusivity of both frameworks. This move paves the way to formulating the function of public international law in terms of the constituting of international society. Since in public international law the theoretical aspects profoundly affect practice, this book is not only of interest to academics, but also for practitioners, such as officials of foreign offices and international institutions.

Contains summaries of the Commission's work on various topics and any resulting treaty texts, with notes.