Bøger udgivet af T.M.C. Asser Press

Europe has finally started to debate migration. The Migration Acquis Handbook (a companion to The Asylum Acquis Handbook) describes and provides the foundation for a common European Migration Policy.

With a Foreword by Professor Wang Xiaoping, Research Center for Sports Law, China University of Political Science and Law (CUPSL) in BeijingThis book examines, from a legal perspective, the numerous developments in the rules and institutions of the Olympic Games from Antiquity to the Modern Era.

Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades.

As part of the international presence in the Western Balkans, the EU adopted sanctions, brokered political agreements, launched its first police and military missions and directed economic, legal and administrative reforms to eradicate the root causes of instability.

An examination of the implementation of the Kyoto Protocol and the possible post-2012 regime.

Examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This book also examines the European Commission's response to the Altmark ruling in measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a package of measures, known as the Almunia Package.

An investigation of the theoretical and practical implications of the consequences of globalisation on the highest national courts.

Each of the Member States of the European Union has its own constitution, which not only contains the organizational structure of the state but also includes elements that provide a sense of order and identity to the society at large.

Karolien Pieters examines to what extent the integration of the EU and the Euro-Mediterranean countries has been a success.

It aims also at exploring the impact that jihad has on international law and domestic law through state practice and in view of the mounting call that law should adapt to the new reality of transnational terrorism.

1 Research Objective 1 The modern State is unlikely to be the end configuration of organized political life. Despite the natural tendency of organizations to retain a certain status quo, there is no reason to suggest that the dominant form of political organization, the State, has lost the ability to adapt to changing circumstances.

With a Foreword by Tjaco T. van den Hout, Secretary-General of the Permanent Court of Arbitration and an Introduction by V.V. Veeder Q.C.The Bank for International Settlements Arbitration (2002 and 2003) concerned the compensation to be paid for privately held shares recalled by the Bank for International Settlements on 8 January 2001. The issues in dispute included the lawfulness of the recall of the shares and the applicable standards for valuation of those shares, the adequacy of the amount paid by the Bank for International Settlements for the recalled shares, and the amount of compensation to be paid. The Tribunal's awards contribute greatly to existing jurisprudence on matters such as valuation of an expropriated asset, the award of interest, and the right to damages for breach of an arbitration agreement where one party seeks to bring a claim on the merits before a domestic court.This bi-lingual edition contains the official English version of the awards rendered in the Bank for International Settlements Arbitration, together with the Tribunal's French translation of the awards. A stimulating and lively introduction is provided by V.V. Veeder Q.C., who appraises the contribution of the awards to international law.

Up until now, the doctrine has been applied to both military and civilian superiors without a distinctive provision. The author examines the applicability of the command responsibility doctrine to civilian superiors, taking as a point of departure the origin of the doctrine and the unique position of the commander.

Katarina Pijetlovic is the first author to address the issue of breakaway leagues in football and their treatment under EU law. In this book she guides the reader through EU sports law, the specificities of the sporting industry and the problems and power struggles in European football governance in the context of the breakaway threats by elite clubs. In order to analyse the legality of UEFA clauses that restrict the formation of such breakaway structures, the author first provides a progressive interpretation of the applicable EU sports law and an in-depth analytical review of EU sports cases decided under internal market and competition provisions, including a novel perspective on the UEFA home-grown rule and the Bosman case. Thereafter, she sets out an original theory of convergence between TFEU provisions on competition and the internal market in the light of sporting exceptions. Finally, in applying the legal principles thus outlined Katarina Pijetlovic explores the legality of the restrictive UEFA clauses and the case for the formation of alternative leagues in European football under EU sports law. A number of surprising outcomes emerge from this analytical process. Conversely, she also tests the largely neglected issue of the legality of forming a breakaway league by the European elite football clubs.The systematic way in which the reader is guided through EU sports law and the legal issues under consideration makes the book accessible for EU lawyers as well as non-EU sports lawyers, on both an academic and a practitioner's level. Katarina Pijetlovic holds licentiate and doctoral degrees in EU sports law from the University of Helsinki. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M.

The more international law, taken as a global answer to global problems, intrudes into domestic legal systems, the more it takes on the role and function of domestic law. This raises a separation of powers question regarding law-making powers. This book considers that specific issue. In contrast to other studies on domestic courts applying international law, its constitutional orientation focuses on the presumptions concerning the distribution of state power. It collects and examines relevant decisions regarding treaties and customary international law from four leading legal systems, the US, the UK, France, and the Netherlands. Those decisions reveal that institutional and conceptual allegiances to constitutional structures render it difficult for courts to see their mandates and powers in terms other than exclusively national. Constitutionalism generates an inevitable dualism between international law and national law, one which cannot necessarily be overcome by express constitutional provisions accommodating international law. Valuable for academics and practitioners in the fields of international and constitutional law.

With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania Simona Tutuianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "e;Responsibility to protect"e; doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region. It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book.

Two major factors brought about the establishment of the Netherlands Yearbook of International Law: demand for the publication of national practice in international law, and the desire for legal practitioners, state representatives and international lawyers to have access to the growing amount of available data, in the form of articles, notes etc.

The special theme for this volume is accountability in the international legal order.

This highly topical publication assesses the counterterrorism measures adopted in the USA and the Netherlands, which aim to facilitate preventive criminal investigations. It features an analysis of the legal principles that limit the scope of the methodology.

This book examines how language, translation and the arbitration process are connected.

The participation of the European Community and the Member States in the international climate change regimes is a complex issue. In the case of the Kyoto Protocol, this is rendered more complicated by the fact that, for the purposes of Article 4 of the Kyoto Protocol, the membership of the European Community and Member States is frozen at a particular point in time. The result of this is that, under international law, the European Community and a part of the Member States (EU15) have agreed to jointly fulfil some of those obligations, whereas under community law all Member States share a certain degree of responsibility to meet the obligations created by the Kyoto Protocol. This book analyses in great detail the Kyoto Protocol and the obligations established, such as monitoring and reporting obligations, eligibility criteria and reduction commitments.

The European Legal Framework for the Provision of Services of General Interest/Public Services has been in a state of transformation since the early 1990s, causing profound effects on the social and economic policies pursued by the Member States.

Includes commentaries on current developments, reports on state practice and documentation which have international humanitarian law as their focal point.

An examination of the changing meaning of constitutionalism at the national, European and international levels.

This guide to the Permanent Court of Arbitration contains detailed summaries of the 30 arbitral awards rendered from 1999-2009.

An exploration of how globalisation has led to changes to the position and function of the highest domestic courts.

The first session of the Hague Colloquium on the Fundamental Principles of Law, on the topic of self-defence and honouring Shabtai Rosenne, the first Laureate of the Hague Prize for Intenational Law, brought together experts from both academic and professional circles to debate the notion of self-defence in the world of today.

A critical overview of EU-related legal developments in the twelve countries which have joined the EU between 2004 and 2007.

This book challenges the growing assumptions about the exercise of jurisdiction over international crimes - that legal impediments are invalid in the face of the imperative to prosecute crimes of this gravity.