Recueil des Cours, 1986 : Collected Courses of the Hague Academy of International Law:Tome 199 de la Collection

ISBN-13: 9789024736225 / Angielski / Twarda / 1987 / 520 str.

Acadimie de Droit International de La Haye;Academie De Droit International De La Haye

Opis

La Zone economique exclusive: regime et nature juridique dans le Droit international, Francisco Orrego Vicuna Francisco Orrego Vicuna, 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 Vicuna 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 materiels et Facteurs formels dans la Formation du Droit international, Milan Sahovic In the introduction to his course, Milan Sahovic, 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 Sahovic 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, Lennart Palsson In this course, Lennart Palsson, 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 Palsson 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 regimes. Working Methods and Procedures in the Third United nations Conference on the Law of the Sea, Jens Evensen 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.

Spis treści

Harmonization of private international law relating to contractual obligations by Aubrey L. Diamond; Working methods and procedures in the Third United Nations Conference on the Law of the Sea by Jens Evensen; La zone économique exclusive : régime et nature juridique dans le droit international par Francisco Orrego Vicuña; Rules, problems and trends in family conflict of laws : especially in Sweden by Lennart Pålsson; Rapports entre facteurs matériels et facteurs formels dans la formation du dro