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Beaumont, Paul R.

This chapter is part of: The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction (Volume 335) Collected Courses of the Hague Academy of International Law (Volume 335) Publication Editor: Hague Academy of

Beaumont, Paul R.

This chapter is part of: The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction (Volume 335) Collected Courses of the Hague Academy of International Law (Volume 335) Publication Editor: Hague Academy of

Beaumont, Paul R.

Collected Courses of the Hague Academy of International Law Volume: 335 Brill | Nijhoff, Leiden | Boston, 2009, This course contains the following chapters: Preliminary Material pp. 9-18 Foreword pp. 19-20 Introduction pp. 21-23 European Court Of Human Rights Cases Concerning The Hague Convention

Series:

Académie de Droit International de la Ha

The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction by Paul R. Beaumont
The lectures are a thorough analysis of the case law of the European Court of Human Rights on the Hague Convention on International Child Abduction of 1980. They reveal significant areas where the Court has helped to give a srong and uniform interpretation to the Convention, for example robust enforcement, strong obligations on Central Authorities and strict construction of the exceptions to the duty to return a child to the country of his or her habitual residence. The last point is skilfully reconciled with the requirement to do what is in the best interests of the child in each case. The recent decision of the European Court of Justice on child abduction in the Rinau case is scrutinized.

La propriété intellectuelle en droit international privé par Dario Moura Vicente
En dépit des efforts entrepris au long du siècle dernier en vue de l’harmonisation et de l’unification internationales des législations concernant la propriété intellectuelle, des divergences significatives subsistent entre les systèmes juridiques nationaux dans ce domaine. L’idéal d’une protection universelle de contenu unitaire étant dans une large mesure inachevé, la tutelle internationale de la propriété intellectuelle se fonde encore sur les principes de l’indépendance des droits et de la territorialité.
L’évolution contemporaine du droit de la propriété intellectuelle démontre toutefois une tendance très nette dans le sens d’un dépassement de la stricte territorialité qui le caractérisait. Cette évolution est demandée par les besoins de fonctionnement des économies modernes, dans lesquelles l’exploitation des biens intellectuels se fait de plus en plus à l’échelle mondiale. Plutôt qu’une unification des régimes juridiques nationaux en matière de propriété intellectuelle, il faut assurer une coordination de ces régimes par le biais de règles de conflits de lois et de juridictions. Tel est le défi fondamental que le droit international privé doit relever en cette matière.

Series:

Académie de Droit International de la Ha

The Limits of the Law, by V. LOWE, Emeritus Professor at the University of Oxford.

Party Autonomy in Litigation and Arbitration in View of the Hague Principles on Choice of Law in International Commercial Contracts, by K. BOELE-WOELKI, Professor at Bucerius Law School in Hamburg.

Public Policy: Common Principles in the American States, by C. FRESNEDO DE AGUIRRE, Professor at the University of the Republic and the Catholic University, Uruguay.

Changements anticonstitutionnels de gouvernement et droit international, par R. BEN ACHOUR, professeur emeritus à l’Université de Tunis.

Series:

Académie de Droit International de la Ha

The 1969 Vienna Convention on the Law of Treaties — 40 Years after, by Mark E. Villiger.
The 1969 Vienna Convention on the Law of Treaties, regulating treaties between States, lies at the heart of international law. This course analyses how the Convention has been applied by States and tribunals in the past 40 years. Particular issues which are examined concern reservations to treaties, interpretation, jus cogens, breach of treaty, the procedural rules under the Convention – and of course the Convention’s relationship to customary international law.

The Public International Law Regime Governing International Investment, by José E. Alvarez.
This course considers the ramifications of the legal regime that governs transborder capital flows. This regime consists principally of a network of some 3,000 investment treaties, as well as a growing body of arbitral decisions. Professor Alvarez contends that the contemporary international investment regime should no longer be described as a
species of territorial “empire” imposed by rich capital exporters on capital importers. He examines the evolution of investment treaties and investor-State jurisprudence constante and identifies the connections between these and general trends within public international law, including the increased resort to treaties (“treatification”), growing risks to the law’s consistency (“fragmentation”), and the proliferation of forms of international adjudication (“judicialization”). Professor Alvarez also considers whether the regime’s efforts to “balance” the needs of non-State investors and sovereigns ought to be characterized as “global administrative law”, as a form of “constitutionalization”, or as an increasingly human-rights-centred enterprise.

Series:

Académie de Droit International de la Ha

Data Protection Law and International Dispute Resolution, by D. COOPER, Partner, London Office of Covington & Burling LLP, and C. KUNER, Professor of Law at the Vrije Universiteit, Brussels.
International Case Law in the Development of International Law, by B. B. JIA, Professor of Law, Tsinghua University, Beijing.

Series:

Académie de Droit International de la Ha

Transnational Commercial Law and Conflict of Laws: Institutional Co-operation and Substantive Complementarity by Herbert Kronke
This Hague lecture takes issue with suggestions that transnational commercial law and its wide variety of instruments, including soft-law instruments, might be an alternative to classic administration of trans-border transactions and disputes by way of conflict-of-laws rules. Rather, the latter and the former complement each other. Moreover, the intergovernmental Organizations charged with developing and modernizing conflict-of-laws rules and substantive rules are co-operating with a view to enhancing the tools at the disposal of businesses and courts. The lecture identifies and explains current examples in the area of financial services, secured transactions, and contract law.

The Human Rights of Undocumented Migrants by Loretta Ortiz Ahlf
International human rights law has offered humankind various international instruments that guarantee every person the effective protection of his or her human rights. However, these rights have not been effectively guaranteed by States in the case of undocumented migrants because these people do not have legal status in the destination country. The first section of this work defines the concept of undocumented worker in order to differentiate him or her from a refugee, an asylee or a displaced person. Universal and regional human rights treaties, as well as international jurisprudence, are then analysed, centring attention on the human rights that are violated most frequently against undocumented workers, such as the right to non-discrimination, the right to residence and free movement, the right of access to justice, labour rights the right to freedom and the right to family reunification, among others.

Pan-Africanism and International Law by Abdulqawi A. Yusuf
Pan-Africanism offers a unique vantage point to study Africa’s encounters with international law : first, as a continent whose political entities were excluded from the scope of application of the Eurocentric version of international law that was applied among the self-styled club of “civilized nations” ; second, through the emergence of African States as subjects of international law willing to contribute to the reform and further development of the law as a universal interstate normative system; and third, as members of the OAU and the AU acting collectively to generate innovative principles and rules, which, though applicable only in the context of intra-African relations, either go beyond those existing at the universal level or complement them by broadening their scope. This study examines those encounters through the various stages in the evolution of Pan-Africanism from a diaspora-based movement, engaged in the struggle for the emancipation of the peoples of the continent, to groupings of independent States and intergovernmental organizations which continue to promote African unity and influence the development of international law to make it more reflective of diverse legal traditions and values.

Efficiency in Private International Law by Toshiyuki Kono
Private international law (PIL) problems have existed for centuries when people from various territories and religious and social groups engaged in mutual contacts. Some of the core issues of this discipline have been critically reviewed during the so-called conflicts revolution which took place during the twentieth century in the American academic literature and court practice. However it seems that not much discussion on methodologies of PIL has developed since then. This lecture, inspired by the Law and Economics approach, introduces the concept of efficiency into PIL, aiming to show new dimensions of traditionally important issues. First, this author challenges the traditional understanding that uniform law is always more desirable than PIL, and raises questions on the rationale and possibility of the unification of PIL. Second, territoriality has been understood to exclude PIL. This lecture clarifies why such understanding does not hold in the twenty-first century especially in the field of intellectual property, and argues that a one-sizefits-all model would not be appropriate in the context of cross-border insolvency

Beaumont, Paul R.

This chapter is part of: The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction (Volume 335) Collected Courses of the Hague Academy of International Law (Volume 335) Publication Editor: Hague Academy of

Beaumont, Paul R.

This chapter is part of: The Jurisprudence of the European Court of Human Rights and the European Court of Justice on the Hague Convention on International Child Abduction (Volume 335) Collected Courses of the Hague Academy of International Law (Volume 335) Publication Editor: Hague Academy of