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Law and Reality
  • Language: en
  • Pages: 434

Law and Reality

  • Categories: Law

The contributions in this "Liber Amicorum" deal with questions of procedural law in an international context. They cover not only problems of international civil procedure and international arbitration, but also questions of administering justice in the domestic civil and criminal law contexts, as well as in the fields of public international law and European Law. As will be clear from the list of authors, these topics are dealt with in an outstanding manner, quality needs no praise.

Ensuring Access to Courts for Asylum Seekers and Refugees
  • Language: en
  • Pages: 321

Ensuring Access to Courts for Asylum Seekers and Refugees

  • Categories: Law

In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from...

Reflections on Principles and Practice of International Law
  • Language: en
  • Pages: 309

Reflections on Principles and Practice of International Law

  • Categories: Law
  • Type: Book
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  • Published: 2021-10-18
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  • Publisher: BRILL

This collection of essays in honour of Professor Leo Bouchez covers a wide variety of topics within the field of international law and related disciplines which Professor Bouchez came into contact with over the course of his long and distinguished career as a practising attorney. The contributions, by a distinguished group of friends and professional colleagues, reflect the diversity of his intellectual interests and professional activities, of both a theoretical and a practical nature. The essays include such topics as jurisdiction, extradition law, human rights and self-determination, the use of force and the enforcement of United Nations sanctions, territory and the law of the sea, as well as essays on municipal law topics relating to international law and on international relations. Professor Bouchez was a senior partner in the firm of Houthoff and Associates and Adjunct Professor of International Law at the University of Utrecht until his retirement in 1998.

The Enforcement of EU Law
  • Language: en
  • Pages: 272

The Enforcement of EU Law

  • Categories: Law

Examining the European Commission's current range of practices for exercising control over the meaning and implementation of EU law, this book provides a comprehensive analysis of centralised EU enforcement. It describes the different practices available analysing their effectiveness and discussing the Commission's role in ensuring compliance.

The Right to Life
  • Language: en
  • Pages: 432

The Right to Life

  • Categories: Law
  • Type: Book
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  • Published: 2010-03-08
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  • Publisher: BRILL

The right to life stands at the heart of human rights protection. Individuals cannot enjoy any of the rights guaranteed to them unless their physical existence is ensured. All human rights instrument list the right to life as the first one of their safeguards. Nonetheless, in many situations human life finds itself under structural threat. Although obligated by law to protect the right to life, State authorities time and again engage in deliberate acts of killing. Fortunately, international review bodies have devised many imaginative counter-strategies. Another one of those structural threats is global warming. Obviously, armed conflict puts human life inevitably at risk; the limits of the ‘license to kill’ given by the laws of war must be scrupulously observed.

Towards an International Law of Co-Progressiveness
  • Language: en
  • Pages: 321

Towards an International Law of Co-Progressiveness

  • Categories: Law

Centered on progressiveness, these essays rigorously address some philosophical, conceptual and structural issues relating to the international legal system, the International Court of Justice (ICJ) and the international criminal tribunals. These include: the concept of the international law of co-progressiveness, opinio juris and customary international law, the rule of law, the interpretation of the ICJ Statute, law and expedience at the ICJ, the relationship between the International Criminal Court and the Security Council, the definition of crimes against humanity, guilty plea fairness, defenses to international crimes, constitutions of international organizations, September 11 and inter...

Contemporary International Law Issues: Sharing Pan-European and American Perspectives
  • Language: en
  • Pages: 276

Contemporary International Law Issues: Sharing Pan-European and American Perspectives

  • Categories: Law
  • Type: Book
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  • Published: 2023-12-28
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  • Publisher: BRILL

Contemporary International Law Issues: Sharing Pan-European and American Perspectives is the record of the First Joint Conference of The American Society of International Law and the Nederlandse Vereniging voor Internationaal Recht, which was held in The Hague, The Netherlands on July 4-6, 1991. At this event international scholars, practitioners and experts gathered to discuss the latest developments in such areas as trade and investment, the environment, human rights, settlement of disputes and commercial arbitration, with particular reference to the Middle East, Central and Eastern Europe, and the European Community. The conference focused especially on Pan-European perspectives on current international legal issues. The content of these Proceedings is evidence of the wide range of dialogue that occurred during the Joint Conference. The book provides a record of this dialogue and directs the reader to issues which might form suitable subjects for further research and elaboration in other scholarly work. The book will be of interest to academics and diplomats, as well as legal practitioners.

The Legal Nature of International Human Rights
  • Language: en
  • Pages: 581

The Legal Nature of International Human Rights

  • Categories: Law
  • Type: Book
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  • Published: 2010-05-17
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  • Publisher: BRILL

The role and influence human rights in society has been enhanced by its association with international law and yet despite this legal springboard, the scope of its legal nature remains uncertain. By analysing the work of international human rights courts and treaty bodies alongside a brief historical review, this book assesses the distinctive legal dimension of human rights. It concludes that the legalisation of human rights is an unplanned and evolving social construct that continues under the managerial oversight of international human rights courts and treaty bodies which employ the primary tool of treaty interpretation. These characteristics of the legal environment of human rights in international law provide a good appreciation of the law itself and its limits.

Ibss: Political Science: 1994
  • Language: en
  • Pages: 578

Ibss: Political Science: 1994

The IBSS is the essential tool for librarians, university departments, research institutions and any public or private institution whose work requires access to up-to-date and comprehensive knowledge of the social sciences.

Netherlands Yearbook of International Law, 1995
  • Language: en
  • Pages: 454

Netherlands Yearbook of International Law, 1995

  • Categories: Law

The 1995 Netherlands Yearbook of International Law contains expert articles on issues such as: transnational terrorism; limitations on the power of the UN Security Council to exercise its enforcement powers under Chapter VII of the Charter; On the uniting of States in respect of treaties; and the weighing of evidence in a dual national case at the Iran-United States Claims Tribunal. The documentation section surveys Dutch state practice for the parliamentary year 1993-1994; international agreements to which the Netherlands is a party; Netherlands judicial decisions and municipal legislation involving questions of public international law, and Dutch literature in the field of public international law and related matters. This Yearbook is included in the 1995 subscription to the Netherlands International Law Review (Volume 42).