Bøger udgivet af T.M.C. Asser Press

A comprehensive Year in Review also describes themost important events and legal developments that took place in 2014.The Yearbook ofInternational Humanitarian Law is the world's only annual publicationdevoted to the study of the laws governing armed conflict.

With a foreword by Major-General Nico Geerts, Commander Netherlands Defence Academy, Breda, The NetherlandsInternational conflict resolution increasingly involves the use of non-military power and non-kinetic capabilities alongside military capabilities in the face of hybrid threats. In this book, counter-measures to those threats are addressed by academics with both practical and theoretical experience and knowledge, providing strategic and operational insights into non-kinetic conflict resolution and on the use of power to influence, affect, deter or coerce states and non-state actors.This volume in the NL ARMS series deals with the non-kinetic capabilities to address international crises and conflicts and as always views matters from a global perspective. Included are chapters on the promise, practice and challenges of non-kinetic instruments of power, the instrumentality of soft power, information as a power instrument and manoeuvring in the information environment, Russia's use of deception and misinformation in conflict, applying counter-marketing techniques to fight ISIL, using statistics to profile terrorists, and employing tools such as Actor and Audience Analysis. Such diverse subjects as lawfare, the Law of Armed Conflict rules for non-kinetic cyber attacks, navigation warfare, GPS-spoofing, maritime interception operations, and finally, as a prerequisite, innovative ways for intelligence collection in UN Peacekeeping in Mali come up for discussion.The book will provide both professionals such as (foreign) policy makers and those active in the military services, academics at a master level and those with an interest in military law and the law of armed conflict with useful and up-to-date insights into the wide range of subjects that are contained within it.Paul A.L. Ducheine and Frans P.B. Osinga are General Officers and full professors at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands.Specific to this volume in the Series:¿ Written by academics with both practical and theoretical experience¿ Addresses counter measures to hybrid crises¿ Offers both strategic and operational insights to non-kinetic conflict resolution

The book in front of you is the first international academic volume on the legal, philosophical and economic aspects of the rise of 3D printing. In recent years 3D printing has become a hot topic.

This book offers the first comprehensive and in-depth analysis of the provisions of the ¿Malabo Protocol¿¿the amendment protocol to the Statute of the African Court of Justice and Human and Peoples¿ Rights¿adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples¿ Rights with jurisdiction over international and transnational crimes, hence an ¿African Criminal Court¿. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol.The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies.Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi¿an, China).Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute's research activities in the fields of public international law, EU law, private international law and international and European sports law.

This work deals with the exclusion of illicitly obtained evidence at the International Criminal Court. At the level of domestic law, the so-called exclusionary rule has always been a very prominent topic. The reason for this is that the way a court of law deals with tainted evidence pertains to a key aspect of procedural fairness. It concerns the balancing of the right to a fair trial with the interest of society in effective law enforcement. At the international level, however, the subject has not yet been discussed in detail. The present research intends to fill this gap. It provides an overview of the approaches of a number of domestic legal systems as well as of the approaches of the UN ad hoc tribunals and the European Court of Human Rights and uses the different perspectives to develop a version of the exclusionary rule which fits the International Criminal Court. The book is highly recommended for practitioners and researchers in the field of international criminal law and especially the law of international criminal evidence. Petra Viebig is a Public Prosecutor at the Staatsanwaltschaft Hamburg, Germany.

This book offers various perspectives, with an international legal focus, on an important and underexplored topic, which has recently gained momentum: the issue of foreign fighters. Asser Instituut in The Hague, the Netherlands, and a Research Fellow at the International Centre for Counter-Terrorism - The Hague.

This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs' relationship with international human rights law, and focuses on the ICTs' own interpretation and application of human rights norms.First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs' possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law.Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.

An examination of why and how agents should be regulated around the world.

Examines the origins, contents and prospects of the legal framework governing transitions from conflict to peace (jus post bellum).

This title looks at the issues surrounding chemical weapons.

This book provides a comprehensive coverage of crucial issues concerning EU co-operation and European security. At present, Europe is confronted with a number of serious common and global challenges, the most important being the economic crisis, migration issues, geopolitical tensions at its external borders, terrorism, climate change and environmental challenges. These developments have a huge impact on the stability and security of the continent as a whole and on each individual European country. Europe, more particularly the European Union, has to organize its governance and security infrastructure in such a way that it can cope with these global threats. This edited volume collects a number of topics and themes connected to the governance and/or security dimensions of EU co-operation.The book is divided into several parts, which deal respectively with the values and general principles of EU co-operation; institutional aspects of EU co-operation; a number of individual policy domains; areas of European criminal law; the external relations of the EU; and the future functioning of EU co-operation as a whole. The eighteen chapters, written by a team of experts with extensive practical and academic experience, contain insights and information valuable to researchers, students, practitioners and policy makers concerned with EU law and international law.About the editorsJaap de Zwaan is Lector European Integration at The Hague University of Applied Sciences, and Emeritus Professor of the European Union Law at Erasmus University Rotterdam. He served for nearly twenty years as a member of the Diplomatic Service of the Dutch Ministry of Foreign Affairs, where he worked notably in the domain of European integration. He was also the Director of the Netherlands Institute of International Relations Clingendael in The Hague for almost six years.Martijn Lak is a historian and a Lecturer and Researcher at the Department of European Studies of The Hague University of Applied Sciences. He studied Journalism and History at the University of Applied Sciences Utrecht, and obtained his Ph.D. in 2011. Martijn Lak specializes in post-war Dutch-German economic and political relations and contemporary German history.Abiola Makinwa is a Senior Researcher and Lecturer in commercial Law with a special focus on Anti-Corruption Law and Policy at The Hague University of Applied Sciences. Abiola Makinwa holds a Ph.D. from Erasmus University, Rotterdam. She is a frequent speaker on anti-corruption law and policy and has introduced Anti-Corruption Compliance as an undergraduate course at The Hague University. Piet Willems is a Lecturer in International and European Law at The Hague University of Applied Sciences, where he focuses on project-based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master¿s degree and his LL.M. in European Law from Ghent University. -based learning, moot court coaching and competition law. His research activities focus on regulation in the European Union. He obtained both his Master¿s degree and his LL.M. in European Law from Ghent University.

This book is a comprehensive, practice-oriented guide to the evidentiary regime under the 2015 World Anti-Doping Code (WADC) including the functioning of the Athlete Biological Passport. It is the first to show how the interplay between science and law affects the collection and evaluation of evidence in anti-doping, and how paradigm shifts in anti-doping strategies may modify evidentiary assumptions implicit to the WADC regime.Unique in its dealing with the subtleties of anti-doping science and legal implications, the book gives lawyers involved in anti-doping the keys to a better understanding of the science underlying the WADC regime, while providing anti-doping scientists with the first reference material to understand the legal framework in which their activities are embedded.The emphasis of the book is on international doping cases and it relies predominantly on CAS awards published up to Spring 2015. Written by an experienced Swiss lawyer it provides an insight into the Swiss legal system and its importance for the legal practice in doping matters.Marjolaine Viret is an attorney-at-law in Geneva, Switzerland, specialising in sports and health law. She has gained significant experience in sports arbitration as a senior associate in one of Switzerland's leading law firms. She also holds positions within committees in sport, in particular as a member of the UCI Anti-Doping Commission. Ms Viret had her doctorate on anti-doping approved summa cum laude in 2015. She participates as a researcher in a project for a commentary of the 2015 WADC funded by the National Science Foundation and is regularly invited to lecture or speak in various fields of sports law.The book appears in the ASSER International Sports Law Series, under the editorship of Dr. Dave McArdle, Prof. Dr. Ben Van Rompuy and Marco A. van der harst LL.M.

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

This book is a systematic comparative study of WTO and EU law relevant for universal service provision, and a timely contribution to the ongoing scholarly and policy debates about the concept and scope of universal service.Universal service is one of the most significant regulatory issues worldwide and it is likely to remain so. The central question dealt with by the author is how the technologically intensive sector of telecommunications services can be regulated in a socially fair way in the light of liberalisation and the immense importance of ICTs in the Information Society. The author investigates whether the legal frameworks of WTO and EU can meet the challenges of the rapid and dramatic technological and social change and formulates relevant policy recommendations.The book is of interest to both scholars and practitioners in several disciplines, such as EU and WTO law, telecommunications law and regulation, political science regarding market regulation and governance as well as European integration and WTO.Olga Batura is affiliated to the Leuphana Law School, University of Luneburg, Germany, and to the European Humanities University in Vilnius, Lithania.

It is these dynamics between unfulfilled end states and end dates that, in the end, lead to the dilemma of leaving. All the editors, except van den Wollenberg, are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, the Netherlands.

The present collection of essays offers the reader a broad range of original perspectives on democracy and the rule of law in the European Union, approaching the existing policy area from new points of view. Leading experts from different countries and backgrounds focus on how democracy and the rule of law are related to topics like security, pension rights, judicial cooperation and human rights protection. Their expert views are based on a combination of theory and knowledge acquired in their practice as academics or practitioners in the field of European integration..The issue of the rule of law and democracy is close to the heart of Professor Jaap de Zwaan, a true European, building bridges between countries and peoples. He has written extensively on the subject of European integration. Therefore, this collection of expert views is not only an original and valuable contribution to the literature and discussion on the development and enlargement of the European Union, but at the same time it is a tribute to Jaap de Zwaan, whose academic and diplomatic career can be characterized as always serving ¿an ever closer Union¿.Flora Goudappel is Jean Monnet Professor of EU Trade Law in the Overseas Territories at the Erasmus University Rotterdam and a consultant on European Union law Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Tilburg University and Professor of Human Rights Law at the University of Amsterdam.

This second Volume in the book Series on Nuclear Non-Proliferation in International Law discusses the legal interpretation and implementation of verification and compliance with the Treaty of the Non-Proliferation of Nuclear Weapons, 1968;

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.

This book offers a multidisciplinary treatment of targeting. It is intended for use by the military, government legal advisers and academics.  The book is suitable for use in both military training and educational programs and in Bachelor and Master degree level courses on such topics as War Studies and Strategic Studies.The book first explores the context of targeting, its evolution and the current targeting process and characteristics. An overview of the legal and ethical constraints on targeting as an operational process follows. It concludes by surveying contemporary issues in targeting such as the potential advent of autonomous weapon systems, ¿non-kinetic¿ targeting, targeting in multinational military operations and leadership decapitation in counter-terrorism operations.The deep practical experience and academic background of the contributors ensures comprehensive treatment of current targeting and use of force issues.Paul Ducheine is Professor for Cyber Operations and Cyber Security, Netherlands Defence Academy, Breda, The Netherlands; and Professor of Law of Military Cyber Operations and Cyber Security at the University of Amsterdam, The Netherlands. Michael Schmitt is Charles H. Stockton Professor & Director, Stockton Center for the Study of International Law, U.S. Naval War College, Newport, Rhode Island, and Professor of Public International Law, University of Exeter, UK. Frans Osinga is Chair of the War Studies Department, Netherlands Defence Academy, Breda, The Netherlands, and Professor of Military Operational Art and Sciences.

This book brings into focus the legal status of armed forced on foreign territory within, inter alia, the context of multi-national exercises and a variety of so-called crisis management operations. When it comes to criminal offences committed by military personnel while abroad it is important to know whether such offences fall under the criminal jurisdiction of the Sending State or that of the Host State. The book analyses this question from two different perspectives, namely traditional public international law and military operational law.Taking his readership through two hundred years of international practice the author arrives at the current practice of laying down the status of forces deployed abroad in so-called Status of Forces Agreements (SOFAs). Having looked at SOFAs from the two different law perspectives the author proposes the development of a "e;Status of Forces Compendium"e; to serve as a kind of guideline for future SOFAs. The author's intention in proposing this idea is to instigate further discussion on the subject in public international law and criminal law circles and among armed forces' legal advisors. Joop Voetelink is an Associate Professor of Military Law at the Netherlands Defence Academy.

This book is one of the few comprehensive works focusing on the sub-regional institutions in the Latin American and Caribbean region. These organisations and institutions enrich the co-operation at sub-regional level, but, in most cases, are neglected in legal literature. They have mainly economic purposes but they also contribute to new forms of institutional co-operation in other areas, including financial, political and social matters.The volume addresses some of the most representative of these institutions, such as the Mercosur, the Andean Community and sub-regional financial organisations (e.g. Central American Bank for Economic Integration and Andean Development Corporation) as well as new developments including the UNASUR and the Alliance for the Pacific. It provides updated information on the structure and changes of the institutions, and constitutes a valuable resource for those wishing to keep pace with legal developments in the fast-moving world of international institutional law.The book will appeal to a wide audience including researchers and practitioners specialising in international law and international organisations and related disciplines.Marco Odello, JD (Rome), LLM (Nottingham), PhD (Madrid) is a Reader in Law at Aberystwyth University, Wales, UK. Francesco Seatzu, JD (Cagliari), PhD (Nottingham) is Professor of International and European Law at the University of Cagliari, Sardinia, Italy.

Since the historic Nuremberg Trial of 1945 an international customary law principle has developed that commission of a core crime under international law - war crimes, genocide, crimes against humanity and aggression - should not go unpunished. History shows, that when in Africa such violations occurred, especially as a result of election disputes, national and regional actors, including the African Union, resorted to political rather than legal responses. However, when crimes against humanity were alleged to have been committed in Kenya during the 2007-2008 post-election violence, a promising road map for criminal accountability was agreed upon alongside a political solution.In the spirit of this road map, the author analyzes the post-election violence in Kenya from a legal point of view. He extensively examines legal options for domestic criminal accountability and discusses both retributive (prosecutions) and restorative justice (mainly truth commission) mechanisms, being the main legal responses to the gross violations of human rights. Furthermore, he thoroughly investigates the Kenya situation before the ICC and the legal-cum-political responses to the ICC intervention in Kenya.Practitioners and academics in the field of international criminal law and related disciplines, as well as political sciences and (legal) history will find in this book highly relevant information about alternative legal approaches of the fight against and punishment of crimes against humanity, as defined under the ICC Statute.

The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC), which entered into force on 29 April 1997, bans an entire category of weapons of mass destruction.

The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict.

The volume discusses the legal interpretation and implementation of the three pillars of the Treaty of the Non-Proliferation of Nuclear Weapons, 1968, regarding the non-proliferation of nuclear weapons;

Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.

This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute's purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.