Recueil des cours, Collected Courses, Tome/Volume 266 (1997)


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:
• The Legal Foundations of the International System. General Course on Public International Law by K. ZEMANEK, Professor at the University of Vienna;
• Mandatory Rules in International Contracts: The Common Law Approach by T.C. HARTLEY, Professor at the London School of Economics and Political Science.

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Contents: K. Zemanek
Foreword. Introduction.
Part I: Organization.
The structure of the international system.
II. The legal organization of the international system.
III. States.
IV. International organizations.
V. The changing focus of international law.
Part II: Law-making.
The law-making processes of the international system.
VII. Custom and general principles.
VIII. Multilateral conventions as substitute legislation.
IX. Law-making processes not mentioned in Article 38.
X. Inter-source relationships.
Part III: Law-enforcement.
Remedies in primary law.
XII. State responsibility.
XIII. Redress through settlement procedures.
XIV. Collective enforcement.
XV. Individual enforcement. Valediction.
Contents: T.C. Hartley
I. Definitions.
II. Theories.
III. The Rome Convention and the American Restatement.
IV. Negatively mandatory rules.
V. Illegality.
VI. Business regulation and consumer protection.
VII. Employment contracts.
VIII. Exchange controls.
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