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Académie de Droit International de la Ha

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:
• Regulatory Federalism: European Union and United States by G.A. BERMANN, Professor at Columbia University in the City of New York
• L' uti possidetis et les effectivités dans les contentieux territoriaux et frontaliers par L.I. SÁNCHEZ RODRÍGUEZ, professeur à l'Université Complutense de Madrid.

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Edited by Connie Peck and Thomas H.C. Lee

`In April 1996 the ICJ/UNITAR Colloquium on Increasing the Effectiveness of the Court brought together from all corners of the world judges, legal advisers, practitioners of international law and jurists. It provided an unprecedented opportunity for an in-depth and detailed exchange of views not only on the Court's performance to date, but also on its future role, as well as on possible ways and means of enhancing its operation. There were some fifteen panels, covering subjects ranging from the Court's jurisprudence to its working methods, from assessment of its achievements to evaluation of its ability to handle issues arising from space exploration and the growing concern for the environment. All in all, it was a most comprehensive approach to the subject. This publication, which presents the papers delivered at the Colloquium and the discussions which took place around them, accordingly constitutes instructive reading for all who are concerned with the management and peaceful resolution of disputes. I hope for its widest possible dissemination.'
From the Foreword by Kofi A. Annan, Secretary-General of the United Nations.

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Edited by Centre d'Etude et de Recherche de Droit

The Centre for Studies and Research in International Law and International Relations forms part of the Hague Academy of International Law, and operates under the authority of its managing board and within the framework of its teaching. The Centre was established to further in-depth research in the area of international law. The topic for 1997 was L'organisation mondiale du commerce/The World Trade Organization.
The contents of this volume include: - Bilan de recherches de la section de langue française du Centre d'Étude et de Recherche de l'Académie, par Dominique CARREAU et Patrick JUILLARD, directeurs d'études, professeurs à la faculté de droit de l'Université de Paris I, anciens directeurs du départment de droit international. - The Present State of Research carried out by the English speaking Section of the Centre for Studies and Research, by Paolo MENGOZZI, Judge at the Court of First Instance of the European Communities, Professor of International and EC Law, Law Faculty, University of Bologna. - Annexe. Liste des participants et sujets traités. - Annex. List of Participants and Subjects Treated.

Collected Writings of Sir Robert Jennings

Foreword by Professor Georges Abi-Saab

Sir Robert Y. Jennings

Too often the doors to a brilliant mind remain locked to outsiders. A lack of desire to share one's range of experience or the inability to clearly and concisely articulate that experience keeps some of the most important ideas and significant knowledge hidden from public view.
The Collected Writings of Sir Robert Jennings represents one of those rare moments when that door is unlocked. Sir Robert Jennings - the universally renowned scholar, professor and judge - not only is willing to share his ideas on a wide spectrum of important issues in international law but also is a master at conveying these ideas clearly, economically, and with a subtlety and precision that makes his work timeless.
This full, important collection represents the whole range of Sir Robert Jennings's intellectual concerns. Its coverage includes: - the General Course he gave at the Hague Academy in 1968, offering insight into his pedagogic style and a taste of his teaching at Cambridge and other institutions; - essays on the ICJ and the judicial function generally; - essays on jurisdictional questions, addressing numerous functional and spatial dimensions of jurisdiction; and - essays that globally evaluate international law and its evolution. As a whole, the Collected Writings of Sir Robert Jennings offers readers a thought-provoking, inspirational picture of international law and its evolution over the critical past years. The work has a 'rare quality . . . there is no belabouring of the obvious, no over-elaboration of details which the reader can work out for himself' (Professor Georges Abi-Saab, from the Foreword). No international law library, institutional or private, should be without this fascinating volume.

The Rule of Law in International Affairs

International Law at the Fiftieth Anniversary of the United Nations

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Ian Brownlie

This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues.
The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.

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Bardo Fassbender

The “constitutionalization” of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from “classical” international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.

Towards World Constitutionalism

Issues in the Legal Ordering of the World Community

Edited by Ronald St. John Macdonald and Douglas M. Johnston

The world in which we find ourselves today is no longer governable entirely by resort to the classical system of international law. Even more seriously, it would seem that the purposes and principles of the United Nations Charter are no longer being served sufficiently in light of new concerns. The text adopted in 1945 does not convey the image of a world tormented by terrorists. Nor does it reflect the most pressing commitments of our time: to democratic governance, to environmental responsibility, and to a freer and more equitable system of world trade. Increasingly, the international law community acknowledges the need to set new priorities in the development of international law.

To that end it seems timely to reconsider the case for strengthening the constitutional framework of norms and institutions that seemed to offer the promise of fulfillment in the second half of the 20th century. The post-Cold War euphoria of the 1990s has virtually evaporated under the stress of new concerns at a time when states comprising the UN system are no longer capable of addressing these challenges.

Towards World Constitutionalism argues the case for a more ‘constitutionalized’ system of international law and diplomacy. It is published at a time that the call for reform of the United Nations has become more insistent than at any time in its 60-year history. Even those most faithful to the purposes and principles enunciated in the Charter have had to admit to concerns about the management of certain sectors of the organization; and most concede the unrepresentative character of the powerful Security Council granted legal supremacy as the enforcer of international peace and security. Many go further and complain of unconscionable political bias in the General Assembly and in certain, over politicized, agencies.

This collection of essays, by a selection of distinguished scholars representing various traditions of international law, constitutes a major contribution to this debate. It is an important resource for scholars and practitioners, and for all those concerned with the future of international law, and the world community.

Gloria Fernández Arribas

, one of the most well-known may be soft law. This issue has been studied since the nineties, but it remains a subject of controversy 2 and has important effects on the theory of international institutional law since it affects the legal value of the decisions of IOs. In this respect, Higgins

International Organizations and the EU General Data Protection Regulation

Exploring the Interaction between EU Law and International Law

Christopher Kuner

of the hundreds of intergovernmental organizations subject to public international law 2 (referred to here as ‘international organizations’ or ‘IOs’). The EU General Data Protection Regulation (‘ GDPR ’), 3 which became applicable on 25 May 2018, illustrates the tensions between EU law

Neil B. Nucup

own, compliance with its decisions is subject to the political will of States. As Judge Shigeru Oda warned in Armed Activities on the Territory of the Congo , 16 “the repeated disregard of the judgments or orders of the Court by the parties will inevitably impair the dignity of the Court and raise