Bøger udgivet af T.M.C. Asser Press

This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw.The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy.Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation.Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.

The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL).

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level.

This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk.In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented.This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment.The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties.Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.

and, Chair of the International Law Association (ILA) Committee on Nuclear Weapons, Non- Proliferation & Contemporary International Law. Dieter Fleck is Former Director International Agreements & Policy, Federal Ministry of Defence, Germany;

The main objectives of this book are to expose key aspects that have a relevance when dealing with open data viewed from different perspectives and to provide appealing examples of how open data is implemented worldwide.The concept of open data as we know it today is the result of many different initiatives, both of a legislative and non-legislative nature, and promoted by a wide range of actors. Numerous regulatory antecedents to foster the concept of open data and embed it in national and international policy agendas have been undertaken on both sides of the Atlantic, as well as at a supranational level. The book highlights a number of the efforts made to promote open data in Europe, Asia and the United States. In addition to new insights, practical guidance and multiple disciplinary perspectives on open data, the book also addresses the transformation of current developments towards open data, which may be referred to as the democratisation of data. This book will support open data practitioners as well as open data scholars in their endeavours to promote open data implementation and research.Bastiaan van Loenen is associate professor and director of the Knowledge Centre Open Data at the Faculty of Architecture and The Built Environment of Delft University of Technology in the Netherlands, as is Glenn Vancauwenberghe, who is a post-doctoral researcher, and Joep Crompvoets is a professor at the Public Governance Institute of the KU Leuven in Belgium.

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

The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution.The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China.The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution.Vesna Lazic is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka.Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam.Ton Jongbloed is Guest Editor on this volume.

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.

This book moves from the circumstance whereby currently the obligation to providefair and equitable treatment (FET) to foreign investments is included in the majority ofinternational investment agreements and has proved to be the most invoked standard ininvestor-State arbitration. Hence, it is no overstatement to describe this standard as thebasic norm of international investment law. Yet both its meaning and normative basiscontinue to be shrouded in ambiguity and, as a consequence, to inspire a considerablenumber of interpretations by legal writers. The book¿s precise aim is to unravel suchambiguity, arguing from the idea that FET has become part of the fabric of general internationallaw, but has done so by means of a source somewhat neglected in legal doctrine.This being the category of general principles peculiar to a certain field of internationallaw, i.e. those principles having their own foundations in the international legal orderitself, but which, through the mediation of the judge, end up being shaped accordingto the features typical of a specific normative field. The book, as well as having a solidtheoretical backdrop as its basis, offers a careful and critical analysis of pertinent caselaw, and will prove useful to both scholars and practitioners.Fulvio Maria Palombino is Professor of International Law at the Law Department of theUniversity of Naples Federico II and a member of the Executive Board of the EuropeanSociety of International Law.

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.