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.
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.
This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016.The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors¿ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution.Vesna Lazi¿ is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka.Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.
Jus cogens is a formidable yet elusive concept of international law. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences.
This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial.
A comprehensive Year in Review also describes themost important events and legal developments that took place in 2014.The Yearbook ofInternational Humanitarian Law is the world's only annual publicationdevoted to the study of the laws governing armed conflict.
The book in front of you is the first international academic volume on the legal, philosophical and economic aspects of the rise of 3D printing. In recent years 3D printing has become a hot topic.
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs' relationship with international human rights law, and focuses on the ICTs' own interpretation and application of human rights norms.First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs' possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law.Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.
An examination of why and how agents should be regulated around the world.
The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.
It is these dynamics between unfulfilled end states and end dates that, in the end, lead to the dilemma of leaving. All the editors, except van den Wollenberg, are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, the Netherlands.
The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration..The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving ¿an ever closer Union¿.Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.
This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics. The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies.The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, ¿non-kinetic¿ targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations.The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues.Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.
The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC), which entered into force on 29 April 1997, bans an entire category of weapons of mass destruction.
The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict.
Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute's purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
This interdisciplinary study engages with the fields of human rights law, health law, and public health. This book is relevant for scholars, practitioners and policy makers in the field of human rights law, health law, public health and the intersection between these three fields.
Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.
This volume includes eight articles, in the domains of human rights law, migration law, environmental law, international criminal law, WTO law and European law, reflecting upon these pertinent questions, basically asking: do international lawyers do the things right or do they the right things?
Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.
Economic Sanctions under International Law
In 2013 the European Commission launched its legislative proposal to create a European Public Prosecutor's Office. Within its hitherto limited scope the existing system of judicial cooperation between EU Member States will change fundamentally, directly affecting the functioning of national courts and public prosecutions offices.
This volume contains several articles on the topic 'Detention in non-international armed conflict', including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report.
The EU Services Directive is difficult to achieve without also affecting issues of national social policy, closely related to the welfare state. The EU Services Directive's characteristics have raised numerous legal questions essential for its full understanding and implementation. It has become a "e;moving target"e; for the national administrations. In this book important issues are covered: is the EU Services Directive to be interpreted as law or simply policy and what are its actual effects on the regulatory autonomy of the Member States? Does it represent a new and innovative instrument which facilitates prosperous integration within the EU or, has the EU legislator gone beyond its regulatory competence? This book helps to understand the EU Services Directive and its effects on the regulatory autonomy of the Member States of the European Union in a broader perspective. It is valuable for academics, practitioners and officials both nationally as well within the EU institutions.
Ensuring online safety has become a topic on the regulatory agenda in many Western societies.
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.
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