Bücher veröffentlicht von T.M.C. Asser Press

This Volume of the Netherlands Yearbook of International Law explores emerging trends and key developments in international economic law.

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 provides a comprehensive study of border control: from data analysis andinformation warfare, frameworks for command and control, and game-theoretic riskmanagement, up to the (optimal) deployment of law enforcement missions.Innovative about this book is that it approaches the subject from several angles, aimingto connect theory and practice of law enforcement missions with risk management and/or quantitative modelling. Some chapters focus on legal challenges and informationwarfare, while others provide quantitative modelling of military asset deployment inthe area of interest, or show the benefits of cooperative wireless sensor networks forborder control. A case study of the Dutch Border Security Team supplements the theory.The publication is ideally suited for reference use by students, academicians, researchersand professionals in the field of border control and related areas.H. Monsuur is Professor of Military Operations Research, J.M. Jansen is AssociateProfessor of Operational ICT, and F.J. Marchal is Lecturer of International/MilitaryLaw at the Faculty of Military Sciences of the Netherlands Defence Academy in DenHelder, The Netherlands.

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.

The book presents timely and needed contributions on privacy and data protection seals as seen from general, legal, policy, economic, technological, and societal perspectives.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine.As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law¿sprogressive development.It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations.Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan.Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.

This book provides answers to the following questions. Is there a bright future aheadfor a European Public Prosecutor¿s Office? If so, is the regulation establishing the officesufficiently clear and balanced to attain that goal? Moreover, will the office be able toeffectively fight fraud now damaging the EU's budget and will it respect the fundamentalrights of the parties involved?Included are issues ranging from EU substantive and procedural criminal law, combattingEU fraud, the distribution of competences in European law enforcement,EU fundamental rights, to forum choice. The book's aim is to inform academics,policy-makers and criminal law practitioners about key issues surrounding theattribution of prosecutorial powers to an entirely remodelled European Union body. Indoing so, it sheds light on this body, as fundamentally changed by the Council, whichwill undoubtedly have a greater impact on the European criminal justice system thanthe European Arrest Warrant ever did.Dr. Willem Geelhoed is Assistant Professor in criminal law and criminal procedureat the University of Groningen, The Netherlands, and Drs. Leendert H. Erkelensand Prof. Mr. Arjen W.H. Meij are both Visiting Research Fellow at the T.M.C. AsserInstituut in The Hague in The Netherlands, while the latter is also Honorary Professorat the University of Luxembourg.

The general theme of this volume of the Yearbook of International Humanitarian Lawis armed groups and the challenges arising from the participation of such groups incontemporary armed conflicts. It is elaborated upon in several chapters, addressingthe organisation criterion, respect for and compliance with international humanitarianlaw and international human rights law, targeted sanctions and accountability issues,among other things. Besides these chapters that can be connected to the general theme,the book also contains a chapter dedicated to the ¿knock on the roof ¿ practice, a Year inReview, describing the most important events and legal developments that took place in2016, as well as the final report from the ILA Study Group ¿The Conduct of HostilitiesUnder International Humanitarian Law - Challenges of 21st Century Warfare¿.The Yearbook of International Humanitarian Law is the world¿s only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.

In these cases, can the judge be considered as a subsidiary of others? Are these cases compatible with common belief that a judge cannot create law? Do decisions by different courts lead to the consequence of a fragmented international law? This book provides reader with an elaboration of various questions linked to the legislative role of courts.

This book is the first analysis of parental care regimes in Muslim jurisdictions, both in a comparative and country-specific sense. It contains the proceedings of a workshop on Parental Care and the Best Interests of the Child in Muslim Countries that the Max Planck Research Group ¿Changes in God¿s Law: An Inner-Islamic Comparison of Family and Succession Law¿ hosted in Rabat, Morocco in April 2015. This workshop saw a total of 15 country reports presented on questions of custody, guardianship and their development within different Muslim jurisdictions (ranging from Indonesia to Morocco), a number of which are included in full in the book. Each of these country reports contains a historical perspective on the evolution of domestic rules regarding custody and guardianship, and on the introduction and development of the notion of the best interests of the child.Most importantly, the prevailing legal norms, both substantive and procedural, are explored and particular attention is given to legal practice and the role of the judiciary. In addition to a selection of country reports from the workshop, the volume includes two comparative analyses on questions of parental care in both public and private international law.With a high practical relevance for legal practitioners working in the area of cross-border custody disputes and the most up-to-date assessment of parental care regimes beyond a pure analysis of statutory law, this book combines a number of country reports authored by experts who have worked or are still based in the respective countries they are reporting on and thus contains in-depth discussions of legal practice and custody law in action. Nadjma Yassari is Director of the Research Group ¿Changes in God¿s Law: An Inner-Islamic Comparison of Family and Succession Law¿ while Lena- Maria Möller and Imen Gallala-Arndt are Senior Research Fellows at the Max Planck Institute for Comparative and International Private Law in Hamburg and the Max Planck Institute for Social Anthropology in Halle respectively.

This third volume of the book series on Nuclear Non-Proliferation in International Law focuses on the development and use of nuclear energy for peaceful purposes within a contemporary global context, an interdependent characteristic of the Non-Proliferation Treaty along with disarmament and non-proliferation.

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.

They offer insights into the interactions between (domestic) politicians, law enforcers and sports authorities. The book is important reading for scholars and practitioners in the fields of law, sports law, sociology and criminology, and for all those concerned with questions of law enforcement and human rights.

This book is the first comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime.

Authors from Europe, the United States, Australia, South Africa, Canada and New Zealand trace the evolution of this emerging discipline of law through an analysis of individual cases, as discussed under a number of key debates and themes in contemporary sports law, including: the "public" nature of legal disputes in sport;

Many intelligence practitioners feel that the statutory footing on which intelligence agencies have been placed forms an impediment to confronting unprecedented contemporary challenges. On the basis of case studies spanning the period from the First World War to the present, this book argues that while the intelligence community in the era of globalization has indeed come to face new and complex challenges that require adaptation, operating in demanding and changing environments is not new at all. This book questions the conventional wisdom of 9/11 or the end of the Cold War as caes urae. It also argues that the ability to adapt, innovate, question and learn from past experience is crucial for the success of intelligence organizations, rather than ever-expanding funding.Agencies' ability to reflect, adapt and learn from experience determines their subsequent capability to deliver. One key development resulting from globalization is the marked increase in cooperation between intelligence agencies of different countries on the one hand, and between investigative agencies and intelligence agencies on the other. This has led to concerns over human rights and privacy and to increased calls for accountability and improved oversight as the increase in cooperation between organizations operating globally also provides scope for the circumvention of domestic restrictions.This book proposes an instrument to assess the effectiveness of existing accountability arrangements and offers new insights into the role of (military) intelligence in a number of crises, e.g., the 1962 Cold War confrontation over Western New Guinea, and the functioning of intelligence in peacekeeping operations ranging from Srebrenica to Mali.Thematically comprehensive, it offers a mixture of historical, legal, operational, and policy aspects, analyzed through the lens of institutional learning, bringing together academic and practitioners' perspectives. The focus lies not only on the familiar Anglo-Saxon experience but also on cases from India, the Netherlands, South East Asia, Bosnia, Lebanon, and Mali.The book is aimed at both scholars and practitioners studying and/or working in the field of civil and military intelligence, and those involved in international relations and international humanitarian law/human rights law. It brings together contributions from authors who spoke at the Conference to commemorate the 100th anniversary of the Dutch Military Intelligence and Security Service, organized by the Netherlands Intelligence Studies Association (NISA), and from a number of authors who were specifically invited to participate.

The general theme of this volume is contemporary armed conflicts and their implications for international humanitarian law. It is elaborated upon in several chapters, dealing with a variety of topics related to, among other things, the situations in Libya, Transnistria, Mexico, Syria/Iraq (Islamic State) and Israel/Gaza. Besides these chapters that can be connected to the general theme, this volume also contains a chapter dedicated to an international criminal law topic (duress), as well as a Year in Review, describing the most important events and legal developments that took place in 2015.The Yearbook of International Humanitarian Law is the world¿s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it.The Netherlands Yearbook of International Law was first published in 1970.

In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings.Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate.The book is intended for criminal law scholars and practitioners and human rights scholars.Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.