Bücher veröffentlicht von T.M.C. Asser Press

The First International Peace Conference in 1899 adopted the 1899 Conven tion for the Pacific Settlement of International Disputes, the objectives of which were international disarmament and the strengthening of international dispute settlement as an alternative to war.

The subject of this Conference concerns the impact the enlargement of the Euro pean Union has on the constitutional provisions of both levels of European ad ministration, the national and the European level.

It analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria.

Important practical and theoretical issues remain to be explored and discussed in respect of the so-called three pillars of the European Union (European Communities, Common Foreign and Security Policy, Police and Judicial Co-operation in Criminal Matters) in relation to international law.

This book offers the first comprehensive application of competition analysis to European broadcasting.

The insight needed for the decision whether or not to apply the so-called 'exclusion clause' is to be found elsewhere within the realms of international law: international humanitarian law, international criminal law and United Nations law.

The Asylum Acquis Handbook is a unique and comprehensive tool for those who have an interest in contributing to a sound, common European asylum policy.

This volume contains the proceedings of The Hague's 750th Anniversary International Law Conference.

Contains contributions to seminar held in December 1998, which analysed the position of the ICC within the international arena.

The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law.

Sports betting in the last ten years or so has developed and changed quite fundamentally with the advent of modern technology - not least the omnipresence of the Internet and the rise of on-line sports betting.

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law.

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.

The third volume in the series Legal Issues of Services of General Interest, this book examines and analyzes a set of research questions on the most recent developments in the emergence of services of general interest as a distinct European Union concept.

This book explores the consequences of the impact of the EU rules for the internal market, including the proposed Directive on patients' rights, competition on national health care systems, and related areas.

The aim of this book is to analyze four dimensions of innovating government and the use of new technologies: legal, ethical, policy and technological dimensions. By joining authors from a diversity of backgrounds, the book crosses disciplinary borders.

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence - both anticipatory and remedial - are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

Counterclaims, the right of a State sued by another State to bring its own counter-suit in the course of the same trial, may offer an opportunity to mitigate the effects of the original suit and help to resolve disputes between States that have more than one aspect. In recent years, counterclaims have been frequently presented at the International Court of Justice (ICJ). This book examines the counterclaims presented at the ICJ and at its predecessor, the Permanent Court of International Justice (PCIJ), during its 65 years of existence. It is the first study that focuses exclusively on the subject of counterclaims. It analyses the evolution of the germane provisions in the PCIJ and ICJ Rules of Procedure and the practice of the Court, especially in light of the relevant case-law of the ICJ. A useful source for academics and practitioners in International law.

Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.

To publish and produce the first comprehensive and really international Yearbook on international humanitarian law!

An examination of the EU's institutional, legal and operational mechanisms put in place to build peace in post-conflict environments.

It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant.

An examination of the Genocide Convention from historic, legal and social science perspectives.

Europe has finally started to debate migration. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy.

An examination of the implementation of the Kyoto Protocol and the possible post-2012 regime.

Examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This book also examines the European Commission's response to the Altmark ruling in measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a package of measures, known as the Almunia Package.

An investigation of the theoretical and practical implications of the consequences of globalisation on the highest national courts.

Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large.

Karolien Pieters examines to what extent the integration of the EU and the Euro-Mediterranean countries has been a success.

1 Research Objective 1 The modern State is unlikely to be the end configuration of organized political life. Despite the natural tendency of organizations to retain a certain status quo, there is no reason to suggest that the dominant form of political organization, the State, has lost the ability to adapt to changing circumstances.