9 research outputs found

    Concerning French International Law Manuels: A Critical Review of the Principal French Textbooks In Public International Law

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    The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels that they studied as law students. Are these manuels narrow and technically focused, limiting inquiry to the text of treaties and other authoritative sources of international law? Or are they broad-ranging and policy-oriented, opening avenues to consideration of a wide variety of factors? Do they advocate and employ methods which privilege logical and deductive reasoning for arriving at solutions to legal problems? Or do they direct attention to analysis that looks also to the purpose of rules? Do they present international law from a policy-neutral perspective? Or do they engage in judgments about existing rules or suggest the development of new rules? Do they conceive international law as state-centered? Or do they see it rather from a world community perspective? These are some of the questions which will be addressed in this article. Presenting French textbooks to the American internationalist public logically leads one to try to explain how they differ from the casebooks used by American law students. This, however, raises a further, implicit question: whether there is sufficient unity in French doctrine to justify a presentation of the underlying spirit of French textbooks as a whole. The first question is relatively easy to answer because there are clear differences in the form of French manuels and American casebooks: French textbooks are almost always smaller in size than American casebooks. The main reason is that, as a general rule, they do not include the documents and annexes which appear in abundance in American casebooks, i.e., sizeable extracts from case law and the writings of scholars. In France, these are simply quoted and summarized by the author of the textbook because these sorts of documents are more often provided in handouts distributed to students to prepare tutorials rather than directly included in the textbooks themselves. The second point appears more difficult to resolve: is there sufficient substantive unity between these textbooks to justify presenting them as a whole and developing \u27\u27the French concept of international law, which is probably what the American internationalist reading this review is hoping to find? Of course, there are many similarities, especially in the presentation of the subject in general. Each textbook commences with a more or less detailed study of the history of international law and a description of the various schools of thought. This is followed, although the order may vary, by a study of the relations between international and national law, sources, subjects, the application of international law in the international and national legal orders, the responsibility of states, the law of peace and international security, and the regime of international spaces, which is particularly developed in the Combacau-Sur textbook. However, the latter excludes economic questions relating to trade regulation, investment, and development law, whereas these matters are presented by Pierre-Marie Dupuy and amply developed in the Daillier-Pellet textbook. CombacauSur, Daillier-Pellet, and Pierre-Marie Dupuy also analyze questions relating to environmental law. Human rights, another sensitive subject of contemporary inter- national law, is discussed in all the textbooks, but particularly well developed in those of Pierre-Marie Dupuy and Daillier-Pellet. Nevertheless, making a list of the subjects common to all the authors clearly does not allow us to determine whether there is any unity of doctrine: a French concept of international law. The way in which these subjects are treated will be the determining factor. It is the doctrinal conclusions drawn by their authors from case law and practice that will reveal any unity or important variations in the principal French public international law textbooks. In fact, there are two main sorts of variation in French textbooks. They first become evident at an early stage, when the authors define the object of study and the methodology. Part I of this article will therefore address the questions of definition and methodology. Differences among French textbooks also result from more substantive theoretical disagreements concerning the nature and meaning of international law. These disagreements relate to differing views with respect to objectivism and voluntarism, which will be addressed in Part II of this article. Thus, although it will not be possible to present American readers with a unitary French concept of international law, they may, at least, be impressed by the richness and diversity of French doctrine

    Upper limits for undetected trace species in the stratosphere of Titan

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    In this paper we describe a first quantitative search for several molecules in Titan's stratosphere in Cassini CIRS infrared spectra. These are: ammonia (NH3), methanol (CH3OH), formaldehyde (H2CO), and acetonitrile (CH3CN), all of which are predicted by photochemical models but only the last of which observed, and not in the infrared. We find non-detections in all cases, but derive upper limits on the abundances from low-noise observations at 25{\deg}S and 75{\deg}N. Comparing these constraints to model predictions, we conclude that CIRS is highly unlikely to see NH3 or CH3OH emissions. However, CH3CN and H2CO are closer to CIRS detectability, and we suggest ways in which the sensitivity threshold may be lowered towards this goal.Comment: 11 pages plus 6 figure file

    Concerning French International Law Manuels: A Critical Review of the Principal French Textbooks In Public International Law

    Get PDF
    The perspectives of French lawyers concerning international law and international institutions are formed largely by the basic course in public international law that they took as law students. Students in the course attend formal lectures by the professor (cours magistraux) and often supplementary section meetings, or tutorials, with instructors (travaux diriges), as well as read all or part of a basic textbook (manuel) in public international law and other assigned materials. One way to gain insight into the fundamental ways of thinking about international law of French lawyers and law-trained officials is to take a close look at the manuels that they studied as law students. Are these manuels narrow and technically focused, limiting inquiry to the text of treaties and other authoritative sources of international law? Or are they broad-ranging and policy-oriented, opening avenues to consideration of a wide variety of factors? Do they advocate and employ methods which privilege logical and deductive reasoning for arriving at solutions to legal problems? Or do they direct attention to analysis that looks also to the purpose of rules? Do they present international law from a policy-neutral perspective? Or do they engage in judgments about existing rules or suggest the development of new rules? Do they conceive international law as state-centered? Or do they see it rather from a world community perspective? These are some of the questions which will be addressed in this article. Presenting French textbooks to the American internationalist public logically leads one to try to explain how they differ from the casebooks used by American law students. This, however, raises a further, implicit question: whether there is sufficient unity in French doctrine to justify a presentation of the underlying spirit of French textbooks as a whole. The first question is relatively easy to answer because there are clear differences in the form of French manuels and American casebooks: French textbooks are almost always smaller in size than American casebooks. The main reason is that, as a general rule, they do not include the documents and annexes which appear in abundance in American casebooks, i.e., sizeable extracts from case law and the writings of scholars. In France, these are simply quoted and summarized by the author of the textbook because these sorts of documents are more often provided in handouts distributed to students to prepare tutorials rather than directly included in the textbooks themselves. The second point appears more difficult to resolve: is there sufficient substantive unity between these textbooks to justify presenting them as a whole and developing \u27\u27the French concept of international law, which is probably what the American internationalist reading this review is hoping to find? Of course, there are many similarities, especially in the presentation of the subject in general. Each textbook commences with a more or less detailed study of the history of international law and a description of the various schools of thought. This is followed, although the order may vary, by a study of the relations between international and national law, sources, subjects, the application of international law in the international and national legal orders, the responsibility of states, the law of peace and international security, and the regime of international spaces, which is particularly developed in the Combacau-Sur textbook. However, the latter excludes economic questions relating to trade regulation, investment, and development law, whereas these matters are presented by Pierre-Marie Dupuy and amply developed in the Daillier-Pellet textbook. CombacauSur, Daillier-Pellet, and Pierre-Marie Dupuy also analyze questions relating to environmental law. Human rights, another sensitive subject of contemporary inter- national law, is discussed in all the textbooks, but particularly well developed in those of Pierre-Marie Dupuy and Daillier-Pellet. Nevertheless, making a list of the subjects common to all the authors clearly does not allow us to determine whether there is any unity of doctrine: a French concept of international law. The way in which these subjects are treated will be the determining factor. It is the doctrinal conclusions drawn by their authors from case law and practice that will reveal any unity or important variations in the principal French public international law textbooks. In fact, there are two main sorts of variation in French textbooks. They first become evident at an early stage, when the authors define the object of study and the methodology. Part I of this article will therefore address the questions of definition and methodology. Differences among French textbooks also result from more substantive theoretical disagreements concerning the nature and meaning of international law. These disagreements relate to differing views with respect to objectivism and voluntarism, which will be addressed in Part II of this article. Thus, although it will not be possible to present American readers with a unitary French concept of international law, they may, at least, be impressed by the richness and diversity of French doctrine

    Marc Gambaraza, Le statut de la DĂ©claration universelle des droits de l’homme. Une aventure juridique, Paris, Pedone, 2016 (Publications de l’Institut international des droits de l’homme, n° 28)

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    Toublanc Alix. Marc Gambaraza, Le statut de la DĂ©claration universelle des droits de l’homme. Une aventure juridique, Paris, Pedone, 2016 (Publications de l’Institut international des droits de l’homme, n° 28). In: Annuaire français de droit international, volume 61, 2015. pp. 1102-1103

    Affaire relative à Certains biens (Lichtenstein c. Allemagne), exceptions préliminaires

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    Toublanc Alix. Affaire relative à Certains biens (Lichtenstein c. Allemagne), exceptions préliminaires. In: Annuaire français de droit international, volume 50, 2004. pp. 370-388

    African Studies in France

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    Le GIS (groupement d’intĂ©rĂȘt scientifique) « Études africaines en France » s’est proposĂ©, en lien avec une demande issue de la direction de l’Institut national des sciences humaines et sociales (INSHS), d’essayer par ce bilan de mieux comprendre l’évolution des recherches françaisesconcernant l’Afrique.Il a voulu prendre en compte cinq dĂ©cennies de recherches et de production, tout en insistant sur le tableau actuel de ses Ă©tudes, afin de pouvoir en comprendre les grandes tendances. Afin de pouvoir aussi tirer de cet exercice des pistes de rĂ©flexion pour le futur, et quelques suggestions endirection de nos institutions de tutelle, universitĂ©s ou grands Ă©tablissements de recherche.PensĂ©e au sein du conseil scientifique du GIS, l’étude ici prĂ©sentĂ©e a mobilisĂ© de nombreuses compĂ©tences et la bonne volontĂ© de dizaines de collĂšgues qui ont pris part Ă  cet exercice

    Les Ă©tudes africaines en France. Un Ă©tat des lieux

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    Le GIS (groupement d’intĂ©rĂȘt scientifique) « Études africaines en France » s’est proposĂ©, en lien avec une demande issue de la direction de l’Institut national des sciences humaines et sociales (INSHS), d’essayer par ce bilan de mieux comprendre l’évolution des recherches françaisesconcernant l’Afrique.Il a voulu prendre en compte cinq dĂ©cennies de recherches et de production, tout en insistant sur le tableau actuel de ses Ă©tudes, afin de pouvoir en comprendre les grandes tendances. Afin de pouvoir aussi tirer de cet exercice des pistes de rĂ©flexion pour le futur, et quelques suggestions endirection de nos institutions de tutelle, universitĂ©s ou grands Ă©tablissements de recherche.PensĂ©e au sein du conseil scientifique du GIS, l’étude ici prĂ©sentĂ©e a mobilisĂ© de nombreuses compĂ©tences et la bonne volontĂ© de dizaines de collĂšgues qui ont pris part Ă  cet exercice

    Les Ă©tudes africaines en France. Un Ă©tat des lieux

    No full text
    Le GIS (groupement d’intĂ©rĂȘt scientifique) « Études africaines en France » s’est proposĂ©, en lien avec une demande issue de la direction de l’Institut national des sciences humaines et sociales (INSHS), d’essayer par ce bilan de mieux comprendre l’évolution des recherches françaisesconcernant l’Afrique.Il a voulu prendre en compte cinq dĂ©cennies de recherches et de production, tout en insistant sur le tableau actuel de ses Ă©tudes, afin de pouvoir en comprendre les grandes tendances. Afin de pouvoir aussi tirer de cet exercice des pistes de rĂ©flexion pour le futur, et quelques suggestions endirection de nos institutions de tutelle, universitĂ©s ou grands Ă©tablissements de recherche.PensĂ©e au sein du conseil scientifique du GIS, l’étude ici prĂ©sentĂ©e a mobilisĂ© de nombreuses compĂ©tences et la bonne volontĂ© de dizaines de collĂšgues qui ont pris part Ă  cet exercice
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