Download or read book Netherlands Yearbook of International Law 2012 written by Janne Elisabeth Nijman and published by Springer Science & Business Media. This book was released on 2013-06-12 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. With this volume on ‘Legal Equality and the International Rule of Law’, the Netherlands Yearbook of International Law celebrates Pieter Kooijmans’ academic, diplomatic, and judicial career by picking up on an important subject in his early writings, the principle of legal equality of states. This volume studies if and how the principle of legal equality of states is still important in the international legal order of the early 21st century. In particular, this volume examines the principle’s current relevance, e.g., in a pluralistic legal order, its relation to hegemony in international relations and international law, and how it functions in contemporary international organisations. The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

Download or read book Netherlands Yearbook of International Law 2015 written by Maarten den Heijer and published by Springer. This book was released on 2016-08-04 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. 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. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.

Download or read book Netherlands Yearbook of International Law 2014 written by Mónika Ambrus and published by Springer. This book was released on 2015-05-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the european Union. One of the key functions or purposes of international law (and law in general for that matter) is to provide long-term stability and legal certainty. Yet, international legal rules may also function as tools to deal with non-permanent or constantly changing issues and rather than stable, international law may have to be flexible or adaptive. Prima facie, one could think of two main types of temporary aspects relevant from the perspective of international law. First, the nature of the object addressed by international law or the ‘problem’ that international law aims to address may be inherently temporary (temporary objects). Second, a subject of international law may be created for a specific period of time, after the elapse of which this entity ceases to exist (temporary subjects). These types of temporariness raise several questions from the perspective of international law, which are hardly addressed from a more conceptual perspective. This volume of the Netherlands Yearbook of International Law aims to do exactly that by asking the question of how international law reacts to various types of temporary issues. Put differently, where does international law stand on the continuum of predictability and pragmatism when it comes to temporary issues or institutions?

Download or read book Netherlands Yearbook of International Law 2011 written by I.F. Dekker and published by Springer Science & Business Media. This book was released on 2012-06-26 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Netherlands Yearbook of International Law was first published in 1970. It has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union. In addition, it aims to respond to the demand for information on state practice in the field of international law. Each Yearbook therefore includes documentation on Netherlands' International Law practice.

Download or read book Netherlands Yearbook of International Law 2020 written by Maarten den Heijer and published by Springer Nature. This book was released on 2022-08-26 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Netherlands Yearbook of International Law (NYIL) addresses the question how the assumption that states have a common obligation to achieve a collective public good can be reconciled with the fact that the 195 states of today’s world are highly diverse and increasingly unequal in terms of size, population, politics, economy, culture, climate and historical development. The idea of common but differentiated responsibilities is on paper the perfect bridge between the factual inequality and formal equality of states. The acknowledgement that states can have common but still different – more or less onerous – obligations is predicated on the moral and legal concept of global solidarity. This book encompasses general contributions on the function and the content of the related principles, chapters that describe and evaluate how the principles work in a specific area of international law and chapters that address their efficiency and broader ramifications, in terms of compliance, free-rider behaviour and shifting balances of power. The originality of the book resides in the integration of conceptual, comparative and practical dimensions of the principles of global solidarity and common but differentiated responsibilities. The book is therefore highly recommended reading for both academics with a theoretical interest and those working within international organisations. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Download or read book Netherlands Yearbook of International Law 2019 written by Otto Spijkers and published by Springer Nature. This book was released on 2020-12-02 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The editors decided not to let this moment go by unnoticed, but to devote this year’s edition to an analysis of the phenomenon of yearbooks in international law. Once the decision was made that this would be the subject of this year’s NYIL, the editors asked themselves a number of questions. For instance: Not many academic disciplines have yearbooks, so what is the reason we do? What is the added value of having a yearbook alongside the abundance of international law journals, regular monographs and edited volumes that are published on a yearly basis? Does the existence of yearbooks tell us something about who we are, or who we think we are, or what we have to contribute to the world? These questions will be addressed both in a general and in a specific sense, whereby a number of yearbooks published all over the world will be looked at in further detail. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Download or read book Netherlands Yearbook of International Law 2013 written by Mielle K. Bulterman and published by Springer. This book was released on 2014-05-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: The combination of the words ‘international law’ and ‘crisis’ is intriguing and leads to a number of questions. How does international law react to crises and what are the typical conditions under which the term ‘crisis’ is invoked? Is international law a vivid field of law due to and thanks to crises? Are parts of international law maybe in crisis themselves? To what extent has the focus on crises taken away attention from important legal questions in the day-to-day application of international law? And does the focus on crisis undermine analytic progress amongst scholars, who might think about crises as being something completely new, asking for new answers while ignoring the relevance of the existing ‘international law acquis’? 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? The Netherlands Yearbook of International Law (NYIL) was first published in 1970. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law including the law of the European Union.

Download or read book Netherlands Yearbook of International Law 2016 written by Martin Kuijer and published by Springer. This book was released on 2017-12-13 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. 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. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

Download or read book Netherlands Yearbook of International Law 2021 written by Daniëlla Dam-de Jong and published by Springer Nature. This book was released on 2023-04-27 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book engages with international legal responses to the global environmental crisis. Humanity faces a triple planetary crisis, consisting of the interlinked problems of climate change, depletion of biological diversity and pollution.The chapters in this volume of the Netherlands Yearbook of International Law address important questions of how and to what extent these environmental concerns have been integrated into international law, who or what drives these developments, and what all of this tells us about international law’s ability to tackle the challenges that a deteriorating environment brings for the future of life on Earth. The strength of the volume is that it brings together a wide range of perspectives on the ‘greening’ phenomenon in international law. It includes perspectives from international environmental law, human rights law, investment law, financial law, humanitarian law and criminal law. Moreover, it raises important questions regarding the validity of the predominant approach in international law to (the protection of) nature. By providing such a wide range of perspectives on international legal responses (or lack thereof) to the environmental crisis, the volume seeks to engage scholars and practitioners from a variety of disciplines. It invites readers to compare the state-of-the-art across disciplines and to reflect on ways to strengthen international law’s responses to the environmental crisis. Furthermore, as has become standard for the Netherlands Yearbook of International Law, the second part consists of a section on Dutch practice in international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law. Chapter 3 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Download or read book Netherlands Yearbook of International Law 2017 written by Fabian Amtenbrink and published by Springer. This book was released on 2018-06-21 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the Netherlands Yearbook of International Law explores emerging trends and key developments in international economic law. It examines shifts in the levels of cooperation (from multilateral to plurilateral, regional or bilateral—or vice versa), and shifts in the forms of cooperation (new types of actors and instruments). These trends are analysed both from a conceptual and a practical perspective, with contributions addressing drivers for change, historical perspectives, future developments, and evolutions in specific policy fields. While a focus on international economic law may certainly not tell the whole story in relation to shifts in levels and forms of international cooperation, it does allow for a more detailed analysis of some of the important trends we currently witness. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law.

Download or read book Netherlands Yearbook of International Law 2018 written by Janne E. Nijman and published by Springer Nature. This book was released on 2019-10-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Rather than taking the so-called populist backlash against globalisation, international law and governance at face value, this volume aims to dig deeper and wonders ‘What backlash are we talking about, really?’. While populism is contextual and contingent on the society in which it arises and its relationship with international law and institutions thus has differed likewise, this volume assists in our examination of what we find so dangerous about populism and problematic in its relationship with international law. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles in a varying thematic area of public international law./div

Download or read book Small Island States International Law written by Carolin König and published by Taylor & Francis. This book was released on 2022-12-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens under international law if a state perishes due to rising sea levels without a successor state being created? Will the state cease to exist? What would this mean for its population? Have international law and globalization progressed enough to protect the people thus affected, or does international law still depend on the territorial state when it comes to protecting entire populations? Exploring these issues, this book provides answers to these pressing questions. Focusing on small island states as actors in the international community, it evaluates the challenges that the state as a subject of international law faces in general from globalization and humanization, and what this means for small island states threatened by rising seas. Highlighting the experience of the indigenous peoples of small island states as collectives, and to the individuals living in these states, the book addresses fundamental questions of general state theory and international law, drawing on an extensive body of source material. As rising sea levels present an increasingly pressing threat to small island states, this book highlights the importance of international protection of the individual and the capacity of international organizations to act within existing international law. It identifies pressing problems where immediate action is required and argues that, in future, the responsibility for protecting individuals could shift to the international community, if a sinking island state can no longer protect its population on its own.

Download or read book CJEU Case Law in Direct Taxation Territoriality and Fundamental Freedoms written by Stephanie Zolles and published by Linde Verlag GmbH. This book was released on 2023-07-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of territoriality and the fundamental freedoms The tension between the fundamental freedoms and the sovereignty of the Member States is omnipresent in the CJEU ́s case law on direct taxation. A significant number of cases concerned one of the core principles in national tax laws: the principle of territoriality. Although this principle is continuously mentioned in cases concerning the compatibility of direct tax measures with the fundamental freedoms, the case law seems to provoke more questions than answers. This book provides guidance on the meaning of territoriality in the CJEU ́s case law on direct taxation as well as on the role which this principle plays in the compatibility of domestic direct tax measures with the fundamental freedoms. During a critical and dogmatically oriented journey through the CJEU ́s case law, the reader can enjoy a comprehensive analysis, containing references to more than 300 cases. Without a doubt, this timeless reflection of the tension between the principle of territoriality and the fundamental freedoms is not only interesting from a dogmatic perspective, but also from a tax policy one.

Download or read book Cyber Attacks and the Exploitable Imperfections of International Law written by Yaroslav Radziwill and published by BRILL. This book was released on 2015-07-28 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: At its current rate, technological development has outpaced corresponding changes in international law. Proposals to remedy this deficiency have been made, in part, by members of the Shanghai Cooperation Organization (led by the Russian Federation), but the United States and select allies have rejected these proposals, arguing that existing international law already provides a suitable comprehensive framework necessary to tackle cyber-warfare. Cyber-Attacks and the Exploitable Imperfections of International Law does not contest (and, in fact, supports) the idea that contemporary jus ad bellum and jus in bello, in general, can accommodate cyber-warfare. However, this analysis argues that existing international law contains significant imperfections that can be exploited; gaps, not yet filled, that fail to address future risks posed by cyber-attacks.

Download or read book International Law in Public Debate written by Madelaine Chiam and published by Cambridge University Press. This book was released on 2021-12-09 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public debates in the language of international law have occurred across the 20th and 21st centuries and have produced a popular form of international law that matters for international practice. This book analyses the people who used international law and how they used it in debates over Australia's participation in the 2003 Iraq War, the Vietnam War and the First World War. It examines texts such as newspapers, parliamentary debates, public protests and other expressions of public opinion. It argues that these interventions produced a form of international law that shares a vocabulary and grammar with the expert forms of that language and distinct competences in order to be persuasive. This longer history also illustrates a move from the use of international legal language as part of collective justifications to the use of international law as an autonomous justification for state action.

Download or read book The Handbook of the International Law of Military Operations written by Terry D. Gill and published by Oxford University Press. This book was released on 2015-12-10 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this well received handbook provides a comprehensive overview and annotated commentary of those areas of international law most relevant to the planning and conduct of military operations. It covers a wide scope of military operations, ranging from operations conducted under UN Security Council mandate to (collective) self-defence and consensual and humanitarian operations and identifies the relevant legal bases and applicable legal regimes governing the application of force and treatment of persons during such operations. It also devotes attention to the law governing the status of forces, military use of the sea and airspace and questions of international (criminal) responsibility for breaches of international law. New developments such as cyber warfare and controversial aspects of law in relation to contemporary operations, such as targeted killing of specific individuals are discussed and analysed, alongside recent developments in more traditional types of operations, such as peacekeeping and naval operations. The book is aimed at policy officials, commanders and their (military) legal advisors who are involved with the planning and conduct of any type of military operation and is intended to complement national and international policy and legal guidelines and assist in identifying and applying the law to ensure legitimacy and contribute to mission accomplishment. It likewise fulfils a need in pertinent international organizations, such as the UN, NATO, Regional Organizations, and NGOs. It also serves as a comprehensive work of reference to academics and is suitable for courses at military staff colleges, academies and universities, which devote attention to one or more aspects of international law treated in the book. This mix of intended users is reflected in the contributors who include senior (former) policy officials and (military) legal advisors, alongside academics engaged in teaching and research in these areas of international law.

Download or read book Peremptory International Legal Norms and the Democratic Rule of Law written by Sonja Grover and published by Routledge. This book was released on 2020-05-21 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State. The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings. Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.