Recueil des cours, Collected Courses, Tome/Volume 200 (1986)

Series: 

La Propriété industrielle dans le Droit international privé des Pays socialistes,
Otto Kunz

Otto Kunz, Professor at the Charles University in Prague, points out that the law of socialist countries, where the leading power rests with the working class led by Communist parties or Marxist workers, presents specific characteristics that distinguish it from the law of non-socialist countries. These characteristics also affect the private international law of those countries, and especially where it concerns industrial property. Professor Kunz analyzes these characteristics and examines their sources (national and international), as well as the legal position of foreigners in the field of the socialist countries' industrial property. The author also pays attention to the international instruments relating to industrial property that concern the Socialist member countries of the Council for Mutual Economic Assistance, as well as to the contracts regarding the exploitation of industrial property in private international law in the Socialist countries.


State Succession in Africa: Selected Problems, Yilma Makonnen

Yilma Makonnen, representative of the Office of the United Nations High Commissioner for Refugees in Geneva, divides his course devoted to some selected problems concerning State succession in Africa in three chapters. The first chapter covers the general problems of succession of States with particular emphasis on issues surrounding definition, types and theories of succession of States. The author devotes the next chapter to the examination of the impact which the emergence of African States in the post-Second World War period has had in certain fields of public international law, particularly as regards the law of succession of States. Finally, in the last chapter Yilma Makonnen examines the complex issues of the future succession of States in Namibia.


Foreign State Immunity: Emerging Consensus on Principles, Peter D. Trooboff

In his course, Peter D. Trooboff, senior counsel at Covington & Burling in Washington, discusses the case law in the United States that has developed on several of the key issues that arise in the field of State immunity and relate that case law to the treatment of those issues in national and international codifications. The author notes first of all that there is considerable agreement in national court decisions and state practice on issues that arise in respect of foreign State immunity and examines where the consensus in national court decisions and state practice exists. He also pays attention to the current codification efforts of the International Law Commission in this field. He then demonstrates that a number of the procedural issues that arise in foreign State immunity cases could be codified today.

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La propriété industrielle dans le droit international privé des Pays socialistes par Otto Kunz; State succession in Africa : selected problems by Yilma Makonnen; Foreign state immunity : emerging consensus on principles by Peter D. Trooboff