Bøger udgivet af T.M.C. Asser Press

The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.

The Treaty of Lisbon marked a change in the powers and competences endowed on the EU - the contributions to this collection consider both the direct and indirect impact of the Treaty on the contemporary state of EU external relations.

The commentaries cover a broad spectrum of disputes, inter alia, disputes concerning the contractual stability, protection of young football players, doping, football hooliganism, match fixing, players release, multiple club ownership, player agents and the stays of execution.

The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law.

Volume 40 of the Netherlands Yearbook of International Law covers 2009.

The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict.

Since after the Second World War, the crime of aggression is - along with genocide, crimes against humanity and war crimes - a "e;core crime"e; under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States' legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute's substantive and procedural provisions pertaining to the exercise of the International Criminal Court's jurisdiction with respect to the crime of aggression, after 1 January 2017.

'Child Soldiers and the Lubanga Case' and 'The Tallinn Manual on the International Law Applicable to Cyber Warfare' are the two central themes of this volume.

The aim of the present volume is to explore the consequences of the impact of the EU rules for the internal market (including the proposed Directive on patients' rights) and competition on national health care systems.

An examination of what makes a given development appear as constituting progress in international law.

'Is private regulation of the Internet over? Private regulation fills substantive or procedural gaps where no state regulation exists or where it is incomplete or ineffective, thus complementing the reach of state regulation.

Combating cybercrime requires law-enforcement expertise, manpower, legislation, and policy priorities within the ambit of crime-fighting. This book intends to contribute to a more concerted international effort towards effectively fighting cybercrime by offering an in-depth survey of views and practices in various jurisdictions.

The book reviews the EU Treaties provisions governing relations between the EU and Member State territories, such as the Netherlands Antilles, the UK Channel Islands and the French Overseas Departments. The book includes an overview of each of the relevant territories, including their present constitutional relations with their Member State and their legal relations with the EU. Prior to the entry into force of the Lisbon Treaty, the over-arching Treaty provision for this relationship was Article 299 of the EC Treaty. Having traced the development of Article 299 from 1957 to the present Lisbon framework, the book identifies many inconsistencies and issues with this current framework and proposes a new model framework, one that is more concise and up-to-date and which is adaptable to possible future developments. Useful for EU Law departments and Research Centres, EU Think Tanks, EU Institutions Libraries, Permanent Representatives to the EU and law firms specializing in EU law.

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This book is written in memory of Avril McDonald, who passed away in April 2010. Avril was an inspired and passionate scholar in the fields of international humanitarian law, international criminal law, human rights law and law in the field of arms control and disarmament. What in particular made Avril¿s work special, was her strong commitment with the human aspects throughout.Fourteen scholars and practitioners have contributed to this liber amicorum, which has led to a rich variety of topics within the disciplines of Avril¿s expertise. They all have in common that they deal with the human perspectives of the discipline of law at hand. They concentrate on the impact of the developments in international law on humans, whether they are civilians, victims of war or soldiers. This human perspective of law makes this book an appropriate tribute to Avril McDonald and at the same time a unique and valuable contribution to international legal research in the present society. A society that becomes more and more characterized by detailed legal systems, defined by institutions that may frequently lack sufficient contact with the people concerned.

The principle is further explored in the fields of international criminal law, international humanitarian law, and the international law of sovereign immunity.

This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University.

This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

How do different cultures deal with international law and how does International Law influence the rules and regulations of these cultures?

This book provides a comprehensive overview of EU-UN cooperation.

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Examines the concept of the direct application of international criminal law in national courts.

The great novelty of Netherlands Insolvency Law is that it is the first book in the English language covering the Netherlands insolvency law as a whole.

Little has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals' jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law's underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals' sentences. In respect of substantive law, it examines the detainees' right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals' detention law, particularly because it is the first monograph written on the topic.

Since the fall of the Berlin Wall the countries of Central and Eastern Europe have had to deal with a completely new set of legislative and policy challenges relating to migration.

The strong and explicit link between the EU and a large number of other international organisations raises questions concerning the impact of decisions taken by those organisations and of international agreements concluded with those organisations (either by the EU itself or by its Member States) on the autonomy of the EU legal order.

The book is an introduction to sports law, in particular International (worldwide) and European (EU) sports law.

An exploration of the EU's influence on citizenship rights, in light of the fight against terrorism and recent constitutional changes.

Former United Nations Secretary-General Boutros Boutros-Ghali was the first to call The Hague the 'legal capital of the world'. Now, Peter van Krieken and David McKay in The Hague: Legal Capital of the World examine the city that hosts the world's main legal bodies.