Books published by T.M.C. Asser Press

This book advances an approach that combines the individual and the structural, systemic dimensions of data protection. It considers the right to data protection under the EU Charter and its relationship to the secondary legislation. Furthermore, the case law of the Court of Justice of the EU as well as current academic conceptualizations are analysed.The author finds that current approaches invariably link data protection to privacy and often fail to address the structural implications of data processing. He therefore suggests a dualistic approach to data protection: in its individual dimension, data protection aims to protect natural persons and their rights, while the structural dimension protects the democratic society as a whole from the adverse effects of data processing. Using this approach, the full potential of an independent right to data protection can be realized.Researchers, practitioners and students will find this a valuable resource on the rationales, scope and application of data protection.Felix Bieker is Legal Researcher at the Office of the Data Protection Commissioner of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz) in Kiel, Germany.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmü and Human Rights Localisation and Individual Agency: From ¿Hobby of the Few¿ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmü are available open access under a Creative Commons Attribution 4.0 International License via link.springer.comThis book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness.This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in humanrights law and whether human rights as legal constructs can be effectively translated into better outcomes.This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics.The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students.Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University.Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University.Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University.Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the 'protect, respect, remedy' trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state's duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains.Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.

This book centres on the war that raged between Eritrea and Ethiopia from 1998 to 2000, a war that caused great loss of life and tremendous devastation. It analyses the war in great detail from an international legal perspective: the nature and the state of the boundary conflict preceding the actual armed conflict, the military actions themselves, the role of the UN peace-keeping mission, the responsibility for the multitude of explosive remnants of the war left behind. Ample attention is paid to the decisions of the Eritrea-Ethiopia Claims Commission and the Eritrea-Ethiopia Boundary Commission.This study is not limited to the war and the period immediately following it, it also examines its more extended aftermath prolonging the analysis as far as the more recent improvement in the relations between Eritrea and Ethiopia, away from a situation of ¿no war, no peace¿ that prevailed after the armed conflict ended. The analysis of the war and its aftermath is not only interms of international legal issues, it has been placed in a wider than strictly legal perspective.The book is a valuable work for academics and practitioners in international law, human rights and humanitarian law in particular, for political scientists, diplomats, civil servants, historians, and all those others seriously interested in the Horn of Africa.Andrea de Guttry is Full Professor of Public International Law at the Scuola Superiore Sant'Anna in Pisa, Italy.Harry H.G. Post is Adjunct Professor in the Faculté Libre de Droit of the Université Catholique de Lille in Lille, France.Gabriella Venturini is Professor Emerita in the Dipartimento di Studi internazionali, giuridici e storico-politici of the Università degli Studi di Milano in Milan, Italy.

Chapters How Human Rights Cross-Pollinate and Take Root: Local Governments & Refugees in Turkey by Elif Durmü and Human Rights Localisation and Individual Agency: From ¿Hobby of the Few¿ to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and Elif Durmü are available open access under a Creative Commons Attribution 4.0 International License via link.springer.comThis book seeks to explore, from a multidisciplinary perspective, whether human rights are, in fact, a myth or a lived reality. Over the years much has been said about their effectiveness or, rather, their ineffectiveness.This perceived ineffectiveness relates not only to institutional challenges at the international level, but also to national implementation mechanisms and processes. In addition, questions have arisen as to whether individuals or groups of individuals actually benefit from the normative guarantees contained in human rights law and whether human rights as legal constructs can be effectively translated into better outcomes.This volume can be distinguished from the existing literature by virtue of the fact that it not only brings together scholars at different stages of their careers, but also that it incorporates contributions that adopt different methodological perspectives and cover a variety of topics.The book should prove of great benefit to human rights researchers, human rights practitioners, NGOs and students.Claire Boost is a PhD Candidate at the Department of Criminal Law and Criminology, Maastricht University.Andrea Broderick is an Assistant Professor at the Department of International and European Law, Maastricht University.Fons Coomans is a Professor at the UNESCO Chair in Human Rights and Peace, Department of International and European Law, Maastricht University.Roland Moerland is an Assistant Professor at the Department of Criminal Law and Criminology, Maastricht University.

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This second volume examines the constitutional positioning of cities across space and time. Unrelenting urbanisation means that most people are, or soon will be, living in cities and that city administrations become, in many respects, their quintessential governing units. Cities are places where State power is operationalised and concretised; where laws and government policies transform from parchment objectives to practical realities. In a similar vein, cities are also places for the realisation of the constitutional rights and liberties enjoyed by individuals.The book is organised around three sets of relations that await further unpacking in theory as well as practice: that between cities and other institutions in the national constitutional architecture; that between cities and their inhabitants; and that between cities and international organisations. The contributions to this book show the marked diversity in the role and powers available to cities in Europe and beyond, and identify principles and approaches to help stipulate new ways of thinking about the legal role and relevance of cities going forward.Ernst Hirsch Ballin is distinguished university professor at Tilburg University and vice-dean for research of Tilburg Law School. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is lecturer at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore.

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit.

This book originates from the proceedings of the 10th anniversary conference of the Centre for the Law of EU External Relations (CLEER) in which renowned experts in the field took stock of recent evolutions in the law and practice of the EU's external relations.

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures.Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures.Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy.Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century.

This volume of the Netherlands Yearbook of International Law (NYIL) is the fiftieth in the Series, which means that the NYIL has now been with us for half a century.

This open access volume surveys the state of the field to examine whether a fifth wave of deterrence theory is emerging. Bringing together insights from world-leading experts from three continents, the volume identifies the most pressing strategic challenges, frames theoretical concepts, and describes new strategies.The use and utility of deterrence in today¿s strategic environment is a topic of paramount concern to scholars, strategists and policymakers. Ours is a period of considerable strategic turbulence, which in recent years has featured a renewed emphasis on nuclear weapons used in defence postures across different theatres; a dramatic growth in the scale of military cyber capabilities and the frequency with which these are used; and rapid technological progress including the proliferation of long-range strike and unmanned systems. These military-strategic developments occur in a polarized international system, where cooperation between leading powers on arms control regimes is breaking down, states widely make use of hybrid conflict strategies, and the number of internationalized intrastate proxy conflicts has quintupled over the past two decades. Contemporary conflict actors exploit a wider gamut of coercive instruments, which they apply across a wider range of domains. The prevalence of multi-domain coercion across but also beyond traditional dimensions of armed conflict raises an important question: what does effective deterrence look like in the 21st century? Answering that question requires a re-appraisal of key theoretical concepts and dominant strategies of Western and non-Western actors in order to assess how they hold up in today¿s world.Air Commodore Professor Dr. Frans Osinga is the Chair of the War Studies Department of the Netherlands Defence Academy and the Special Chair in War Studies at the University Leiden. Dr. Tim Sweijs is the Director of Research at The Hague Centre for Strategic Studies and a Research Fellow at the Faculty of Military Sciences of the Netherlands Defence Academy in Breda.

This book provides a discussion of some of the most pressing challenges facing EU integration: political and economic governance, constitutional status and citizenship. It does so by discussing the work of one of the most original Portuguese voices in EU studies, Francisco Lucas Pires. In his swan song, here translated into English for the first time, Lucas Pires critically discusses the Treaty of Amsterdam, dissecting the process of its enactment, and its wider consequences for the EU. His profound, original and premonitory observations are commented on in this book by six young, prominent EU law scholars from different research areas.The result is an original and sagacious reflection, aimed both at researchers of EU law and policymakers alike, on the victories and shortcomings of the European project, providing refreshing views on a significant but often-neglected moment in the EU's history, as well as new avenues of critical thinking for the development of European integration.Martinho Lucas Pires is Ph.D. Candidate at Nova School of Law Lisbon, Assistant lecturer at Católica Law School Lisbon, and Counsel at DLA Piper ABBC Advogados Lisbon, Portugal. Francisco Pereira Coutinho is Associate Professor and Vice-Dean at Nova School of Law Lisbon, Faculty of Law of the NOVA University of Lisbon, Portugal.

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 areamongst 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 Lazi¿ 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.

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 argues for a more moderate approach to history-writing in international criminal adjudication by articulating the elements of a "e;responsible history"e; normative framework. The question of whether international criminal courts and tribunals (ICTs) ought to write historical narratives has gained renewed relevance in the context of the recent turn to history in international criminal law, the growing attention to the historical legacies of the ad hoc Tribunals and the minimal attention paid to historical context in the first judgment of the International Criminal Court.The starting point for this discussion is that, in cases of mass atrocities, prosecutors and judges are inevitably understood to be engaged in writing history and influencing collective memory, whether or not they so intend. Therefore, while writing history is an inescapable feature of ICTs, there is still today a significant lack of consensus over the proper place of this function. Since Hannah Arendt articulated her doctrine of strict legality, in response to the prosecutor's expansive didactic approach in Eichmann, the legal debate on the subject has been largely polarised between restrictive and expansive approaches to history-writing in mass atrocity trials. What has been noticeably missing from this debate is the middle ground. The contribution this book seeks to make is precisely to articulate a framework that occupies that ground. The book asks: what are the lenses through which judges of ICTs interpret historical events, what kind of histories do ICTs write? and what kinds of histories should ICTs produce? Its arguments for a more moderate approach to history-writing are based on three distinct, but interrelated grounds: (1) Truth and Justice; (2) Right to Truth; and (3) Legal Epistemology.Different target audiences may benefit from this book. Court officials and legal practitioners may find the normative framework developed herein useful in addressing the tensions between the competing objectives of ICTs and, in particular, in assessing the value of the history-writing function. Lawyers, historians and other academics may also find the analysis of the strengths, constraints and blind spots of the historical narratives written by ICTs interesting. This issue is particularly timely in view of current debates on the legacies of ICTs.Aldo Zammit Borda is Director of the Centre for Access to Justice and Inclusion at Anglia Ruskin University, Cambridge, UK.

This book deals with urgency and human rights. ¿Urgent¿ is a word often used, in very different contexts. Yet together with a reference to human rights violations, it likely triggers images of people caught up in armed conflict, facing terror from either the state, gangs, paramilitaries, or terrorists. Or of people fleeing terror and facing walls, fences or seas, at risk of being returned to terror, or ignored, neglected, abused, deprived of access to justice and basic facilities, facing death, torture and cruel treatment. Here these both ongoing and expected violations are explored in the context of (quasi-)judicial proceedings as international tribunals and domestic courts are increasingly called upon to order interim measures or accelerate proceedings in such cases.This edited volume concerns the protective potential of interim measures in international human rights cases and the legitimacy of their use and discusses obstacles to their persuasive use, to clarify how their legitimacy and protective potential could be enhanced in the context of concrete legal cases. Examining this is especially pressing when courts and (quasi-)judicial bodies have used interim measures in response to requests by individuals and organisations in the context of issues that are unpopular with governments and/or controversial within society, which has led states to at times employ political pressure to limit their use.Urgency and human rights are discussed from the vantage point of various practitioners and scholars, with the aim of identifying how interim measures could be legitimate and protective and to single out obstacles to their implementation. Drawing from practices developed in various international and regional adjudicatory systems, the contributors provide their perspectives on the legitimacy and/or the protective potential of interim measures and other (quasi-)judicial proceedings in urgent human rights cases.There is considerable discussion about how interim measures can be legitimate and well-functioning tools to address urgent human rights cases. This book aims to contribute to the ongoing discussion in this respect.Dr. Eva Rieter is senior researcher and lecturer public international law and human rights law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.Dr. Karin Zwaan is associate professor in the Department of Migration Law at the Centre for State and Law, Radboud University, Nijmegen, The Netherlands.