Böcker utgivna av T.M.C. Asser Press

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation.Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor's centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called 'avoidance actions' is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast.This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value.Vesna Lazic is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam.

In this book, it is explained that despite a current drop in the number of deaths, terrorism should still be considered a serious and widespread problem. However, the responses to this phenomenon are often more problematic from a long-term perspective. With the human rights framework under serious pressure, this edited volume offers a timely, important and critical in-depth analysis of human dignity and human security challenges in the lead-up, and in the responses, to current forms of terrorism. It aims to map how human dignity and human security can be secured and how law can constitute a source of trust at a time when Europe and the rest of the world continue to be plagued by terrorism.The authors are both established names and upcoming talent in this fastchanging and exciting field of law. They thoroughly analyse a variety of topical subjects, in more conceptual chapters-for example calling for the humanisation of the security discourse-and in highly practical contributions, in which for instance the Kafkaesque situation in which rendition and torture victim Abu Zubaydah still finds himself today is considered.This book, which focuses on, but is not limited to the situation in Western countries, aims to inspire not only academics-through further theorisation on the sometimes elusive but important concepts of human dignity and human security-but also practitioners working in the field of countering terrorism. It will hopefully convince them (even more) that following a human rights approach will be indispensable in securing human dignity and human security for all. Even-or in fact: especially-in times of terrorism.Christophe Paulussen is a Senior Researcher in the Research Department of the T.M.C. Asser Instituut in The Hague, The Netherlands and Martin Scheinin is Professor of International Law and Human Rights in the Department of Law of the European University Institute (EUI) in Florence, Italy.

The European Yearbook of Constitutional Law (EYCL) is an annual publication initiated by the Department of Public Law and Governance at Tilburg University and devoted to the study of constitutional law.

This book challenges the traditional approach to international law by concentrating on international hThis book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and around situations of armed conflict.With the emergence of the nation-State, international law was almost entirely focused on inter-State relations, thus excluding - for the most part - non-State entities. In the modern era, such a focus needs to be adjusted, in order to encompass the various types of functions and interactions that those entities perform throughout numerous international decision-making processes.The contributions that comprise this volume are oriented towards a broad readership audience in the academic and professional fields related to international humanitarian law, international criminal law, international human rights law and general public international law.Ezequiel Heffes, LLM, is a Thematic Legal Adviser in the Policy and Legal Unit at Geneva Call in Geneva, Switzerland, Marcos D. Kotlik, LLM, is Academic Coordinator at the Observatory of International Humanitarian Law of the University of Buenos Aires, School of Law and was a Judicial Fellow at the International Court of Justice between 2018-2019, and Manuel J. Ventura, LLM (Hons), is an Associate Legal Officer in the Office of the Prosecutor at the International Residual Mechanism for Criminal Tribunals, an Adjunct Fellow at the School of Law at Western Sydney University, and a Director of The Peace and Justice Initiative.

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 centres on Webcam Child Sex Tourism and the Sweetie Project initiated by the children's rights organization Terre des Hommes in 2013 in response to the exponential increase of online child abuse. Webcam child sex tourism is a growing international problem, which not only encourages the abuse and sexual exploitation of children and provides easy access to child-abuse images, but which is also a crime involving a relatively low risk for offenders as live-streamed webcam performances leave few traces that law enforcement can use. Moreover, webcam child sex tourism often has a cross-border character, which leads to jurisdictional conflicts and makes it even harder to obtain evidence, launch investigations or prosecute suspects.Terre des Hommes set out to actively tackle webcam child sex tourism by employing a virtual 10-year old Philippine girl named Sweetie, a so-called chatbot, to identify offenders in chatrooms. Sweetie 1.0 could be deployed only if police officers participated in chats, and thus was limited in dealing with the large number of offenders. With this in mind, a more pro-active and preventive approach was adopted to tackle the issue. Sweetie 2.0 was developed with an automated chat function to track, identify and deter individuals using the internet to sexually abuse children. Using chatbots allows the monitoring of larger parts of the internet to locate and identify (potential) offenders, and to send them messages to warn of the legal consequences should they proceed further.But using artificial intelligence raises serious legal questions. For instance, is sexually interacting with a virtual child actually a criminal offence? How do rules of criminal procedure apply to Sweetie as investigative software? Does using Sweetie 2.0 constitute entrapment? This book, the outcome of a comparative law research initiative by Leiden University's Center for Law and Digital Technologies (eLaw) and the Tilburg Institute for Law, Technology, and Society (TILT), addresses the application of substantive criminal law and criminal procedure to Sweetie 2.0 within various jurisdictions around the world.This book is especially relevant for legislators and policy-makers, legal practitioners in criminal law, and all lawyers and academics interested in internet-related sexual offences and in Artificial Intelligence and law.Professor Simone van der Hof is General Director of Research at t he Center for Law and Digital Technologies (eLaw) of the Leiden Law School at Leiden University, The Netherlands. Ilina Georgieva, LL.M., is a PhD researcher at the Faculty of Governance and Global Affairs at Leiden University, Bart Schermer is an associate professor at the Center for Law and Digital Technologies (eLaw) of the Leiden Law School, and Professor Bert-Jaap Koops is Professor of Regulation and Technology at the Tilburg Institute for Law, Technology, and Society (TILT), Tilburg University, The Netherlands.

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.

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.

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 comprehensive study on the work and functioning of the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC were established in 2006 to bring to trial senior leaders and those most responsible for serious crimes committed under the notorious Khmer Rouge regime.

The general theme of this volume is contemporary armed conflicts and their implications for international humanitarian law. It is elaborated upon in several chapters, dealing with a variety of topics related to, among other things, the situations in Libya, Transnistria, Mexico, Syria/Iraq (Islamic State) and Israel/Gaza. Besides these chapters that can be connected to the general theme, this volume also contains a chapter dedicated to an international criminal law topic (duress), as well as a Year in Review, describing the most important events and legal developments that took place in 2015.The Yearbook of International Humanitarian Law is the world¿s only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016.The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors¿ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution.Vesna Lazi¿ is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka.Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.

Jus cogens is a formidable yet elusive concept of international law. 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.

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.

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.

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

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

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 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.

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.

This interdisciplinary study engages with the fields of human rights law, health law, and public health. This book is relevant for scholars, practitioners and policy makers in the field of human rights law, health law, public health and the intersection between these three fields.

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?

Moreover, acknowledging the high impact domestic jurisdictions have in the configuration of international law, the book does not rest only in an analysis of the international jurisprudence, but delves also into the question of how domestic courts relate to international humanitarian law issues.

Valuable for academics interested in European and administrative law and the transposition of European lawmaking into domestic law, as well as for civil servants in ministries, chambers of commerce, local governments and other comparable institutions having to implement the Directive.

Economic Sanctions under International Law

This volume contains several articles on the topic 'Detention in non-international armed conflict', including the Copenhagen Process, and moreover features contributions on autonomous weapons systems, Apartheid and the second Turkel Report.