Description : Cet ouvrage envisage l’état de nécessité sous une nouvelle perspective, en analysant sa fonction de limitation des obligations internationales. L’analyse de la pratique démontre qu’il permet d’éviter que la stricte observation du droit ne produise un coût social excessif dans des situations difficiles. This book analyses state of necessity through a new perspective: its function of limitation of international obligations. State practice shows that this mechanism is meant to avoid an excessive social cost, born out of a strict compliance with the law in a hard case.
Description : On 13th September, 1997, a symposium was held in honour of Adair Dyer at the Peace Palace in The Hague. This symposium, entitled 'Globalization of Child Law: The Role of the Hague Conventions', was organized by the Faculty of Law of Tilburg University and the International Society of Family Law in collaboration with the Hague Conference on Private International Law. Adair Dyer, best known for his exceptional work in the area of international child abduction, was active at the Hague Conference for more than 25 years. The protection of children has been a major concern of the Hague Conference from the very beginning of its existence. The Conference followed and reacted to developments such as the increasing numbers of children - alone or accompanied - moving or migrating internationally, which has given rise to many new legal, economic, social and cultural problems. During the symposium, the past, present and future roles of the Hague Conventions in the international protection of children, taking into account the United Nations Convention on the Rights of the Child, were examined and discussed. This volume contains the contributions to this international symposium, as well as the full texts, in both English and French, of the 1980 Hague Convention on the Civil Aspects of Child Abduction, the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, and the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children.
Author by : Academie de Droit International de la Haye
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
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Description : 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: - Conférences prononcées à l'occasion du soixante-quinzième anniversaire de l'Académie/Addresses Delivered on the Occasion of the 75th Anniversary of the Academy. - La contribution de l'Académie au développement de la science et de la pratique du droit international privé, par A.V.M. STRUYCKEN, membre du Curatorium de l'Académie de droit international de La Haye. - The Contribution of the Academy to the Development of the Science and Practice of Public International Law by S. SKUBISZEWSKI, Member of the Curatorium of the Hague Academy of International Law. - Is International Law Threatened by Multiple International Tribunals? by J.I. CHARNEY, Professor at Vanderbilt University, Nashville.
Description : Advocates of the ‘Nuremberg legacy’ emphasize the positive impact of the individualization of responsibility and the establishment of an historical record through judicial procedures for ‘war crimes’. This legacy has been cited in the context of the establishment and operation of the UN ad hoc International Criminal Tribunals in the 1990s, as well as for the International Criminal Court. The problem with this legacy, however, is that it is based solely on the experience of West Germany. Furthermore, the effect of the procedure on post-conflict society has not been empirically examined. This book does this by analyzing the Tokyo Trial, the other International Military Tribunal established after the Second World War, and its impact on post-war Japan. Madoka Futamura examines the short- and long-term impact of the International Military Tribunal for the Far East (the Tokyo Trial), on post-war Japan, in order to improve the understanding of and strategy for ongoing international war crimes tribunals. War Crimes Tribunals and Transitional Justice will be of much interest to students of war crimes, international law, transitional justice and international relations in general.
Description : Media interest in the fates of people at sea has heightened across the last decade. The attacks and the hostage taking of victims by Somali pirates, and the treatment of migrants and asylum seekers in the Mediterranean, ask pressing questions, as does the sinking of the Costa Concordia off the Italian island of Giglio which, one hundred years after the Titanic capsized, reminded the world that, despite modern navigation systems and technology, shipping is still fallible. Do pirates have human rights? Can migrants at sea be turned back to the State from which they have sailed? How can the crews of vessels be protected against inhuman and degrading working and living conditions? And are States liable under international human rights treaties for arresting drug traffickers on the high seas? The first text to comprehensively compare the legal rights of different people at sea, Irini Papanicolopulu's timely text argues that there is an overarching duty of the state to protect people at sea and adopt all necessary acts with a view towards ensuring enjoyment of their rights. Rather than being in doubt, she reveals that the emerging law in this area is watertight.
Description : This three-volume Manual on International Maritime Law presents a systematic analysis of the history and contemporary development of international maritime law by leading contributors from across the world. Prepared in cooperation with the International Maritime Law Institute, the International Maritime Organization's research and training institute, this a uniquely comprehensive study of this fundamental area of international law. Volume I: The Law of the Sea addresses the major issues which arise in the law of the sea. It provides a detailed understanding of the historical development of the law of the sea; the role of the International Maritime Organization; the law surrounding maritime zones; the legal regime of islands; the international sea-bed area; the legal regime governing marine scientific research; the rights and obligations of land-locked and geographically disadvantaged states; the legal regime of Arctic and Antarctic; and the settlements of disputes. This volume also considers the ways in which human rights and the law of the sea interact. The forthcoming Volume II will address shipping law; Volume III will provide analysis of marine environmental law and maritime security law. The full three-volume Manual will set out the entirety of international maritime law, re-stating and re-examining its fundamental principles, how it is enacted, and the issues that are shaping its future. It will be a superlative resource for those working with or studying this area of law.
Description : Collection of 20 essays by the author, republished as initially written in English or French. They reflect the development of the author's views as well as the evolution of the law of the sea itself since the beginning of the Third United Nations Conference on the Law of the Sea.