Bücher veröffentlicht von T.M.C. Asser Press

This book presents a selection of revised and updated papers presented in September 2018 at the International Conference ¿Rethinking the Crime of Aggression: International and Interdisciplinary Perspectives¿, which was held in Marburg, Germany, and hosted by the International Research and Documentation Centre for War Crimes Trials (ICWC). In light of the activation of the jurisdiction of the International Criminal Court concerning the crime of aggression, international experts from various disciplines such as law, history, the social sciences, psychology and economics came together to enhance the understanding of this complex and challenging matter and thereby opened a cross-disciplinary dialogue regarding aggressive war and the crime of aggression: a dialogue that not only addresses the historical genesis of the current situation, the content of the new aggression provisions, their implementation in practice and their possible regulatory effects, but also instigates perspectives for investigating future developments and issues. Stefanie Bock is Professor of Criminal Law, Criminal Procedure, International Criminal Law and Comparative Law in the Department of Law at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials. Eckart Conze is Professor of Modern and Contemporary History in the Department of History at the Philipps University of Marburg in Germany and Co-Director of the International Research and Documentation Centre for War Crimes Trials.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit.

This volume of the Netherlands Yearbook of International Law explores the many faces of populism, and the different manifestations of the relationship between populism and international law.

This timely book comprehensively examines whether the worst human rights violations directed specifically at sexual and gender minorities are punishable under international criminal law, as codified in the Rome Statute of the International Criminal Court.Drawing on general rules of interpretation, the development of human rights for sexual and gender minorities, and the social construction of gender, this monograph reveals that the worst crimes committed against persons because of their sexual orientation or gender identity can amount to crimes against humanity, particularly the crime of persecution under Article 7(1)(h). It also shows how legislators can be held individually criminally responsible for passing laws that criminalize consensual same-sex sexuality.The book not only makes a significant and original contribution to the literature but is also highly relevant for international criminal law practitioners, since, so far, no cases regarding this topic exist.Dr. Valerie V. Suhr is currently a trainee lawyer in the district of the Koblenz Court of Appeal in Germany

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU's external relations.

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures.Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures.Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy.Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century.

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century.

This open access volume surveys the state of the field to examine whether a fifth wave of deterrence theory is emerging. Bringing together insights from world-leading experts from three continents, the volume identifies the most pressing strategic challenges, frames theoretical concepts, and describes new strategies.The use and utility of deterrence in today¿s strategic environment is a topic of paramount concern to scholars, strategists and policymakers. Ours is a period of considerable strategic turbulence, which in recent years has featured a renewed emphasis on nuclear weapons used in defence postures across different theatres; a dramatic growth in the scale of military cyber capabilities and the frequency with which these are used; and rapid technological progress including the proliferation of long-range strike and unmanned systems. These military-strategic developments occur in a polarized international system, where cooperation between leading powers on arms control regimes is breaking down, states widely make use of hybrid conflict strategies, and the number of internationalized intrastate proxy conflicts has quintupled over the past two decades. Contemporary conflict actors exploit a wider gamut of coercive instruments, which they apply across a wider range of domains. The prevalence of multi-domain coercion across but also beyond traditional dimensions of armed conflict raises an important question: what does effective deterrence look like in the 21st century? Answering that question requires a re-appraisal of key theoretical concepts and dominant strategies of Western and non-Western actors in order to assess how they hold up in today¿s world.Air Commodore Professor Dr. Frans Osinga is the Chair of the War Studies Department of the Netherlands Defence Academy and the Special Chair in War Studies at the University Leiden. Dr. Tim Sweijs is the Director of Research at The Hague Centre for Strategic Studies and a Research Fellow at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda.

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation.Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor¿s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements areamongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ¿avoidance actions¿ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast.This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value.Vesna Lazi¿ is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam.

The Yearbook of International Sports Arbitration is the first academic publication aiming to offer comprehensive coverage, on a yearly basis, of the most recent and salient developments regarding international sports arbitration, through a combination of general articles and case notes.

This book argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a "e;responsible history"e; normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court.The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor's expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology.Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs.Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

This book deals with urgency and human rights. ¿Urgent¿ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases.This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use.Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases.There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect.Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.

This book deals with urgency and human rights. ¿Urgent¿ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases.This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use.Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases.There is considerablediscussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect.Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.

The topic of this book is the external action of the EU within international economic law, with a special focus on investment law.

This book contains selected contributions presented during the workshop ¿Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?¿, which was convened in Beirut, Lebanon in November 2017.Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one¿s father¿s name, and inheriting from both parents form important pillars of personal identity.This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established ¿ be it by operation of the law, by the parties¿ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing inparticular ¿ and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed.In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume.The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the areaof international child law.Nadjma Yassari is Leader of the Research Group ¿Changes in God¿s Law: An Inner-Islamic Comparison of Family and Succession Law¿ at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

This book has as its subject matter the academic education of officers and builds on the signing of the Bologna Declaration in 1999 by twenty-nine European ministers for Education and Science, who thereby agreed to coordinate higher education across Europe, by, for instance, the implementation of the Bachelor's and Master's system.

This book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors.The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades.Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well.Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.

This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO).ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces.Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees  migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems.The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.

Part I. Amsterdam: From the Market to the Civil Society (Francisco Lucas Pires).- Chapter 1. Introduction.- Chapter 2. Amsterdam: From the Single Market to a European Civil Society.- Chapter 3. Amsterdam: The First Social Constitution of a Liberal Europe.- Chapter 4. Asylum Law and Policy in the European Union Before and Beyond Amsterdam.- Chapter 5. Post-face.- Part II. What Market, What Society, What Union?.- Chapter 6. Constitutionalism, Federalism and Constitutional Reforms in Francisco Lucas Pires'' Thought.- Chapter 7. The EU Democratic Governance in Francisco Lucas Pires'' Thought and Its Enduring Topicality.- Chapter 8. European Civil Society, Rights and Non-Europeans: Thoughts Upon Reading Amsterdam - From the Market to the European Society by Francisco Lucas Pires.- Chapter 9. Francisco Lucas Pires'' Views on the Economic and Monetary Union and the Single Currency: An Assessment Twenty Years Later.- Chapter 10. Asylum Policy: A Measure of the EU''s Fidelity to Its History and Values.- Chapter 11. A Sisyphean Struggle: Portugal''s Referendum on European integration.  

The focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state.