2017 (4) | 2016 (4) | 2015 (5) | 2014 (3) | 2012 (14)

International law without terminus ? Reflections on Delimitation

While there is obviously no need to prove the importance of borders in the contemporary world, it is interesting to recall that the concern with where they run and questions of delimitation only became significant relatively recently, in the course of the eighteenth century. A notable exception to this is the question of border rivers whose meanderings modify supposedly ‘natural’ boundaries. Moreover, in contemporary practice, it is realised that the fact that many borders are not yet delimited and are still disputed is prejudicial neither to the definition of the State nor to the establishment of international relations. Even so, borders are a fundamental component of peaceful international relations, contrary to what supporters of a fully globalised world advocate, and it is best that hostile walls should not take their place.

Firms, contract law and the fight against climate change

The intensifying fight against climate change, reinforced by the Paris Agreement, is contributing to the formation of a new international contractual framework that the contracting parties organise or that they can legitimately expect to see applied, even if they have not provided for it by agreement. Implied duties, failure to comply, requirement of a certain quality of provision of service – be it French or foreign, European or international, contract law is not short of instruments in the fight against climate change.

Constitutional courts and relations between parliaments and executive authorities. The limits to court regulation of a system of government

The contemporary doctrinal craze for constitutional justice and the exaltation of ‘constitutional democracy’ considered primarily as a regime for guaranteeing individual rights has somewhat overshadowed a non-negligible problem – the problem of the role of the constitutional court in relations between governing organs, namely the deliberative assemblies and the authorities wielding immediate power, in other words the (poorly named) ‘executive’ authority (government and, as the case may be, the head of state).