Cet article s’interroge sur la typologie des obligations internationales et, plus spécialement, la distinction entre les obligations de comportement et de résultat. Considérée comme opposant deux formes d’obligations — de s’efforcer ou de réussir — cette summa divisio est particulièrement utile dans l’examen de la violation du droit international, elle-même condition de l’engagement de la responsabilité internationale. À partir du constat d’une large utilisation dans la jurisprudence de la Cour internationale de Justice, seront interrogés les critères, les conséquences mais aussi les vertus — et limites — de cette catégorisation.

International law prohibits slavery and slavery-like practices under treaties that have been in force for more than a century. Yet, contemporary forms of slavery are one of the prevailing challenges for the international community, with 40.3 million people in modern slavery on any given day in 2016. The State has been largely overlooked as a perpetrator or accomplice in the global movement to eradicate modern slavery. The hand of the State can however be found in contemporary cases of modern slavery. This article identifies five scenarios of State involvement in modern slavery and aims to uncover and bridge the responsibility gap.

Over the next 30 years, the number of people aged over 65 will exceed the number of children worldwide. Moreover, people at extreme old age will constitute a significant group of older adults. Undoubtedly, global ageing appears as a great challenge to the whole international community in relation to the protection of rights of older persons, including their right to health. The last one is recognised on international forums as one of the most current and complex issues. Therefore, in this paper, I discuss how the right of older adults to health is protected by international norms, and identify trends and perspectives for implementing this right effectively. Examining the degree of protection, I analyse existing international instruments and their interpretation provided by international bodies. I consider that the new international developments should fill in the existing loophole in international law and oblige States to focus on elimination of ageism, age discrimination in access to health care and various barriers to enjoying the right to health by older persons.

The following contribution interprets the ICJ decision on the case Jurisdictional Immunities of the State in a broader picture. The article focuses on the cause of action underlying the domestic civil claims, i.e. the primary rules providing for individual rights. Indeed, the traditional view, which conceives immunity as a ‘procedural’ rule, vigorously upheld by the Court, is not the only way to address this topic. In our view, state immunity is a substitute for other more sensitive questions, namely the definition of ‘state’, its prerogatives, and the individuals as right holders under international law. This approach points out a different rationale under state immunity, leading to major practical consequences in terms of the assessment of international jurisdiction.

Constitutionalism – Kadi ruling of EU Court of First Instance – Erosion of ‘total’ constitutional order by reallocation of public power – Constitutional vision challenge of networks approach – Emerging human rights hierarchy – Rudimentary international value system – Ius cogens and erga omnes – Barcelona Traction – Core human rights elements – Enforcement through regional and domestic courts – Review of Security Council resolutions