Bøker utgitt av T.M.C. Asser Press

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment.Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

This open access book traces the journey of nuclear law: its origins, how it has developed, where it is now, and where it is headed. As a discipline, this highly specialized body of law makes it possible for us to benefit from the life-saving applications of nuclear science and technology, including diagnosing cancer as well as avoiding and mitigating the effects of climate change. This book seeks to give readers a glimpse into the future of nuclear law, science and technology. It intends to provoke thought and discussion about how we can maximize the benefits and minimize the risks inherent in nuclear science and technology. This compilation of essays presents a global view in discipline as well as in geography. The book is aimed at representatives of governments-including regulators, policymakers and lawmakers-as well representatives of international organizations and the legal and insurance sectors. It will be of interest to all those keen to better understand the role of law in enabling the safe, secure, and peaceful use of nuclear technology around the world.The contributions in this book are written by leading experts, including the IAEA's Director General, and discuss the four branches of nuclear law-safety, security, safeguards and nuclear liability-and the interaction of nuclear law with other fields of national and international law.

This book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed.The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized.Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection.Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmü and Human Rights Localisation and Individual Agency: From ¿Hobby of the Few¿ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmü are available open access under a Creative Commons Attribution 4.0 International License via link.springer.comThis book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness.This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in humanrights law and whether human rights as legal constructs can be effectively translated into better outcomes.This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics.The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students.Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University.Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University.Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University.Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the 'protect, respect, remedy' trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state's duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains.Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission.This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ¿no war, no peace¿ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only interms of international legal issues, it has been placed in a wider than strictly legal perspective.The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa.Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy.Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France.Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.

This volume of the Yearbook of International Humanitarian Law takes a close look at the role of so-called "expert manuals" in the interpretation and development of the international law of armed conflict and connected branches of international law relating to military operations.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmü and Human Rights Localisation and Individual Agency: From ¿Hobby of the Few¿ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmü are available open access under a Creative Commons Attribution 4.0 International License via link.springer.comThis book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness.This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes.This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics.The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students.Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University.Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University.Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University.Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

Part I Wepons Law.-The Demands of Future Operations and the Promise of Non- or Less-Lethal Weapons.- The Status of Nuclear Deterrence under International Law in Light of the Treaty on the Prohibition of Nuclear Weapons.- Lethal Autonomous Weapon Systems and Their Compatibility with International Humanitarian Law: A Primer on the Debate.- The Law of Armed Conflict Issues Created by Programming Automatic Target Recognition Systems Using Deep Learning Methods.- Part II Other Articles.- Ordinances and Articles of War before the Lieber Code, 866-1863: The Long Pre-history of International Humanitarian Law.- Year in Review 2018.

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals.The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward.Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.

This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses "e;imperative norms"e;, and "e;imperativeness"e; as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning.By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness - mainly aimed at ensuring the protection of fundamental human rights in transnational relationships - between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.

This sixth volume of the book series on Nuclear Non-Proliferation in International Law focuses on current legal challenges regarding nuclear disarmament and security. The Series on Nuclear Non-Proliferation in International Law provides scholarly research articles with critical commentaries on relevant treaty law, best practice and legal developments, thus offering an academic analysis and information on practical legal and diplomatic developments both globally and regionally. It sets a basis for further constructive discourse at both national and international levels. Jonathan L. Black-Branch is Chair of the ILA Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law and President and CEO of ISLAND - The Foundation for International Society of Law and Nuclear Disarmament. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany; Member of the Advisory Board of the Amsterdam Center for International Law (ACIL); Rapporteur of the International Law Association (ILA) Committee on Nuclear Weapons, Non-Proliferation & Contemporary International Law.

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 is open access volume of the NL ARMS offers an interdisciplinary view on the domain of Compliance and Integrity in International Military Trade (CIIMT), integrating defence economics, international law, arms export control frameworks and policies, information management, organizational sciences and ethics.

This is open access volume of the NL ARMS offers an interdisciplinary view on the domain of Compliance and Integrity in International Military Trade (CIIMT), integrating defence economics, international law, arms export control frameworks and policies, information management, organizational sciences and ethics.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission.This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ΓÇÿno war, no peaceΓÇÖ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only in terms of international legal issues, it has been placed in a wider than strictly legal perspective.The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa.Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant''Anna in Pisa, Italy.Harry H.G. Post is Adjunct Professor in the Facult├⌐ Libre de Droit of the Universit├⌐ Catholique de Lille in Lille, France.Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Universit├á degli Studi di Milano in Milan, Italy.