La Vente internationale de Marchandises et le Conflit de Lois,
The principal subject of the course of Michel Pelichet, Deputy Secretary-General of the Hague Conference on private international law, is the study of the The Hague Convention of 1986, which is a revision of the one of 1955. Michel Pelichet devotes the first part of his course to examine the reasons which led the Hague Conference to create a revised version of the 1955 Convention. These reasons are conceptual and historical in nature and are indicative of the spirit which reigned at the end of the 1960s, particularly regarding the place occupied by private international law in the unification process of substantive law.
The second part of the course provides an analysis of the 1986 Convention and its relation to the Convention of Vienna of 1980.
« Good offices » in international relations in the light of Swiss Practice and Experience,
Raymond R. Probst
Raymond Probst, former Secretary of State for Foreign Affairs in Bern, develops his course on good offices in international relations in the light of Swiss practice and experiences in nine chapters. The first chapter is devoted to the notion of "Good Offices". In the second chapter, the author studies the relation between neutrality and good offices. In the next chapter, he reviews in detail the Swiss experience in the field. In the next chapters, the author examines the Swiss arbitral activity on the basis of peace treaties, good offices of a political nature, the notion of protecting power, the mandate of protecting power and the new forms of general good offices.
United Nations Peace-keeping Operations: Their Importance and Their Limitations in a Polarized World
In this speech, Fou-Tchin Liu, former UN Assistant Secretary-General for Special Political Affairs draws attention to the importance and the limitations of the United Nations peace-keeping operations in a polarized world. By way of encouragement and conclusion he reminds us that the Treaty of Paris of 1783, which opened the way to reconciliation between Great Britain and the United States, was achieved only after extremely difficult negotiations.
La Propriété industrielle dans le Droit international privé des Pays socialistes,
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, 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.
La Zone économique exclusive : régime et nature juridique dans le Droit international,
Francisco Orrego Vicuña
Francisco Orrego Vicuña, Professor of the Institute of International Studies of the University of Chile, notes that the discussion on the legal status of the exclusive economic zone in international law has continued without interruption since the negotiations of the Third United Nations Conference on the Law of the Sea started, and that it has not lessened with the signature of the Convention in 1982. The author points out that the various interpretations of the legal regime that applies to this zone reply tie in with the different theories related to its nature as a new concept of international law. Francisco Orrego Vicuña aims with his study to contribute to the clarification of the legal nature of the exclusive economic zone in the light of the provisions of the 1982 convention and their implementations, in particular with regard to the problems of interpretation and to other legal problems raised by this new maritime zone's regime.
Rapports entre Facteurs matériels et Facteurs formels dans la Formation du Droit international,
In the introduction to his course, Milan Šahovic, Director of the Institute of International Politics and Economics, points out that the development of international law has brought about a special situation. Its progress calls for an in-depth consideration of the value and the importance of new acquisitions, and of the trends that have manifested and confirmed themselves during the second half of the 20th century. After a description of the current state of affairs in international law, the author examines the theory of the factors of international law. Next, he studies the influence of the material factors and formal factors in the development of contemporary international law. Finally, Milan Šahović considers the prospects for the development of international law in the light of the material factors and contemporary formal factors.
Harmonization of Private International Law Relating to Contractual Obligations,
Aubrey L. Diamond
Aubrey L. Diamond, Director of the Institute of Advanced Legal Studies of the University of London, devotes his course to the harmonization of private international law relating to contractual obligations. After an introduction mainly devoted to the harmonisation of the law - and particularly of private international law - the author addresses the question of freedom to choose the applicable law that governs the contract. He then examines the situations that are characterized by an absence of choice. Aubrey L. Diamond next studies the relation between choice of law and the effect of mandatory rules. Finally, the author analyzes certain special rules (in particular legislation regarding protection of consumers or contracts of employment).
Rules, Problems and Trends in Family Conflict of Laws – especially in Sweden,
In this course, Lennart Pålsson, Professor at the University of Lund, addresses various questions of jurisdiction, choice of law and the recognition of foreign decisions in the field of family law, in particular in Swedish law. Stressing the fact that he has to be selective, Lennart Pålsson first of all presents some general features of Swedish conflict of law in matters of family law. He then examines questions of paternity, maintenance obligations and the question of the matrimonial property régimes.
Working Methods and Procedures in the Third United nations Conference on the Law of the Sea,
After some introductory remarks devoted to an enumeration of the main features and main methods during the Conference on the Law of the Sea, Jens Evensen, Judge at the International Court of Justice, recalls the events that led to the 1982 Convention. The author next makes a few general remarks concerning the contents of this convention, and goes on to describe the preparatory work and the procedure that lead up to the text of this convention. Judge Evensen continues by presenting three essential elements of the working method of the United Nations Conference: The consensus principle, the "package deal", and the gentleman's agreement with voting as a final resort.
Le Principe de Proximité dans le Droit international privé contemporain : General course on private international law, Paul Lagarde
In the introduction to his general course on private international law, Paul Lagarde, Professor at the University of Paris I, points out that private international law can be considered as a law of connections, the most important question being that of the legal basis of the connections retained. The author points out that in this respect there is at least one point of almost general agreement: the affirmation of the necessity to arrive at a reasonable regulation of the "heterogeneous" legal relationship. From there on, the paths begin to diverge, separating notably the followers of Savigny on the one hand from the adepts of the "American revolution" on the other hand. Nevertheless, the idea that a legal relationship must be governed by the law of the country with which it maintains the closest connection, and that it must be attached as much as possible, to the nearest court of jurisdiction, has been established in western Europe. This is what the author calls the principle of proximity. The author first of all examines this principle of proximity relating to conflict of laws, before paying attention to conflicts of jurisdiction.
Choice of Law and Choice of Forum in Transnational Transfer of Technology Transactions, Stanisław Sołtysińsky
The objective of this course on Choice of Law and Choice of Forum in Transnational Transfer of Technology Transactions by Stanisław Sołtysińsky, professor of the University Mickiewicz in Poznan, is twofold. First of all, he analyses recent legal developments in the relevant fields on the basis of examples drawn from the systems of developed and developing countries. The second objective of this course is to identify real socio-economic rationales behind conflicting legal solutions. Professor Sołtysińsky devotes the first chapter to choice of laws (and notably to its limitations), and the second chapter to the choice of forum.
The Juridical Basis of a New International Order, Rafael Caldera
In his lecture given in The Hague on July 8th, 1896, Rafael Caldera, former president of Venezuela, develops the topic of the juridical basis of a new international order that, while promoting social justice, will guarantee peace.
Problèmes de Conflits de Lois en Matière de Filiation,
Jacques Foyer, Professor at the University of Paris II, notes in introduction of his course that it can be enlightening to compare the different modern methods of solution of the conflict of laws regarding filiation. The study of the different systems shows that there exist at least three methods to contradict the classic choice-of-law rule. The course is structured around the analysis of these three methods. Firstly, it is the criticism of the rigid character and the unpredictability of the traditional rule that triggers the temptation of a manipulation of the choice of law rule. The author then points out that one could question its abstract and arbitrary character, which leads on the one hand to an attempt to hierarchization, and on the other hand, to a diversification of the choice-of-law rules. Lastly, it is the principle of the foreign law’s purpose to govern legal relationships in the same way as the lex fori that is questioned, which leads to its partial elimination to the profit of a more or less systematic application of the territorial law or of the one of the court hearing the action.
General Course on Private International Law,
Friedrich K. Juenger
According to Friedrich Juenger, Professor at the University of California in Davis, the outstanding characteristic of the conflict of laws is the lack of consensus on the discipline's goals and methods. He proposes to put the accent in his course on the events for which public international law must find a solution in order to avoid the constant danger that threatens the discipline: that is, to become a simple academic game. Three examples of reported cases and the kinds of issues they raise are given in the Introduction. Professor Juenger next gives a detailed historical overview of the conflict of laws, from Antiquity to Mancini. In addition, the author presents the emergence of new orthodoxies, or rather proposes to re-examine the traditional doctrines, and points out the advantages of a teleological approach. That allows him to revisit the three cases mentioned in the Introduction.
Les Bases éthiques pour le Droit et la Société : Perspectives de la Commission indépendante sur les questions humanitaires internationales,
Sadruddin Aga Khan
Conference of July 30, 1985
Sadruddin Aga Khan, President of the Independent Commission on International Humanitarian Issues, recalls in his course on the ethical bases of law and society that the role of the commission he presides is to remind us of the basic elements of a code of ethics which has the same spiritual significance as that found in all major religions. Lawyers as well as scientists, adds the author, must mobilize their immense resources, bearing in mind that the rule of law should never disregard moral appreciation.