This volume commemorates the centenary of the First
World War (1914-2014) and aims to capture 100 years of warfare evolution. Among
the main issues addressed are the changing nature of means and methods of
warfare, the law of weaponry, and challenges to humanitarian assistance and
protection of the civilian population affected by armed conflict. Specific
topics include the legal regime governing nuclear weapons, the prohibition of
chemical weapons and arms control, the evolution of naval warfare, asymmetric
conflicts, the law of occupation and cultural property. A comprehensive Year in Review also describes the
most important events and legal developments that took place in 2014.
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 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.
In particular, the book addresses the question of how the evolving legal and political framework affects the nature of EU external relations law. The contributions discuss the actions (and reactions) of the EU through external action instruments in a number of substantive areas such as migration, trade, neighbouring policies, security and defence. By shedding light on the most significant developments of the past decade this edited volume attests to the ever-evolving nature of the field of EU External Relations Law. Thus, this book is essential reading for academics, practitioners and policy makers at the EU level interested in the field of EU External Relations Law.
Dr. W.Th. Douma is an Independent legal expert at the European Environmental Law Consultancy and EU Legal - Centre for European and International Law, both based in The Netherlands, voluntary researcher at Ghent University in Belgium, and Senior Legal Adviser at the Dutch Ministry of Social Affairs and Employment. Prof. Dr. C. Eckes is Professor of European Law at the University of Amsterdam and director of the Amsterdam Centre for European Law and Governance, The Netherlands. Prof. Dr. P. Van Elsuwege is Professor of European Union Law at Ghent University and co-director of the Ghent European Law Institute, Belgium. Dr. E. Kassoti is Senior researcher in EU and International Law at the Asser Institute and academic co-ordinator of the Centre for the Law of EU External Relations (CLEER), The Netherlands. Prof. Dr. A. Ott is Professor of EU External Relations Law and Jean Monnet professor in EU Law at Maastricht University, The Netherlands. Prof. Dr. R.A. Wessel is Professor of European Law and Head of the European and Economic Law Department at the University of Groningen, The Netherlands.
This book seeks to bridge the gap between academic, political and military thinking concerning the success and failure of peacekeeping operations and their termination. Exit strategies have recently gained attention in political, military, academic and public debates, due to the Western engagement in international and intrastate conflicts since the end of the Cold War. Yet, many of those debates took place separately. This volume, which is predominantly a joint product of academics and the military of the Faculty of Military Sciences of the Netherlands Defence Academy, shows new venues by bridging the putative political-military divide. Drawing on theory, empirics, and personal experiences the authors address exits at political, strategic, operational and tactical levels of current and past military missions and interventions, ranging from decolonisation wars to Afghanistan and Iraq. Although some of those conflicts are still ongoing, valid inferences can be drawn. An important one is that exit forms a problem for those who leave and for those who stay. While political and military objectives might not have been reached and many of those involved have the feeling that the job is still not yet done, the termination of the entire mission or transitions at operational level necessitate both departures and handovers-takeovers and are thereby characterised by discontinuities and continuities at the same time. 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. Jrg Noll is Associate Professor of International Conflict Studies. First Lieutenant Air-Commodore Frans Osinga is Professor of Military Operational Art and Sciences. Georg Frerks is Professor International Security Studies and Irene vanKemenade runs the Research Office of the Faculty. Daan van den Wollenberg is Commander of a mechanized artillery platoon of the Netherlands armed forces.
This is open access volume of the NL ARMS offers an interdisciplinary view on the domain of Compliance and Integrity in International Military Trade (CIIMT), integrating defence economics, international law, arms export control frameworks and policies, information management, organizational sciences and ethics. Although, in academia, and from an interdisciplinary perspective, CIIMT constitutes a relatively novel research domain, across private and public defence-related sectors, the subject evokes high levels of attention and interest, instigating a need for critical thinking, reflection and creativity to address ensuing multi-faceted issues and problems.
The Faculty of Military Sciences at the Netherlands Defence Academy extends an in-house MSc programme on CIIMT, which, by integrating practice-based and scientific-based knowledge, aims to contribute to this need. The MSc programme on CIIMT is concerned with exploring, analysing, understanding, explaining, controlling and improving the military dimension in international military trade. More particularly, CIIMT studies managerial questions regarding strategic trade control of military and dual-use goods and services.
CIIMT ties in with the Netherlands Defence Academy's vision on scientific education, embedded in the reflective practitioners' paradigm uniting both management and leadership skills needed to decide and operate in high-tension and high-risk knowledge intensive environments. The Faculty of Military Sciences uses the reflective practitioners' paradigm to refer to critical thinking, reflection and Bildung that characterize its thinking doers, the so-called Thinking Soldiers, either at the academic Bachelor's or Master's level.
In view of the complexity of the international trade regarding military and dual-use goods and services, the rapid evolvement of strategic trade control and frameworks, and its importance to procurement processes, defence organizations require innovative thinking doers, who, based on an in-depth understanding, from an interdisciplinary perspective can be expected to find - and take responsibility for - creative solutions to problems.
NL ARMS 2021 comprises, amongst others, contributions from students and lecturers partaking in this programme.
All the editors are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, The Netherlands.
`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. Each of these timely topics is addressed from three different angles, providing a truly comprehensive analysis of the subject. The book also features an article on the duty to investigate civilian casualties during armed conflict and its implementation in practice and an elaborate year in review, discussing developments that occurred in 2012.
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.
In this book, the protection of personal data is compared for eight EU member states,namely France, Germany, the United Kingdom, Ireland, Romania, Italy, Sweden andthe Netherlands. The comparison of the countries is focused on government policiesfor the protection of personal data, the applicable laws and regulations, implementationof those laws and regulations, and supervision and enforcement.
Although the General Data Protection Regulation (GDPR) harmonizes the protectionof personal data across the EU as of May 2018, its open norms in combination withcultural differences between countries result in differences in the practical implementation,interpretation and enforcement of personal data protection.
With its focus on data protection law in practice, this book provides indepth insightsinto how different countries deal with data protection issues. The knowledge and bestpractices from these countries provide highly relevant material for legal professionals,data protection officers, policymakers, data protection authorities and academicsacross Europe.
Bart Custers is Associate Professor and Director of Research at the Center for Law andDigital Technologies of the Leiden Law School at Leiden University, the Netherlands.Alan M. Sears, Francien Dechesne, Ilina Georgieva and Tommaso Tani are all affiliated tothat same organization, of which Professor Simone van der Hof is the General Director.
The general theme of this volume of the Yearbook of International Humanitarian Lawis armed groups and the challenges arising from the participation of such groups incontemporary armed conflicts. It is elaborated upon in several chapters, addressingthe organisation criterion, respect for and compliance with international humanitarianlaw and international human rights law, targeted sanctions and accountability issues,among other things. Besides these chapters that can be connected to the general theme,the book also contains a chapter dedicated to the `knock on the roof ' practice, a Year inReview, describing the most important events and legal developments that took place in2016, as well as the final report from the ILA Study Group `The Conduct of HostilitiesUnder International Humanitarian Law - Challenges of 21st Century Warfare'.
The Yearbook of International Humanitarian Law is the world's only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.
The main theme of this volume of the Yearbook of International Humanitarian Lawis the development and interpretation of international humanitarian law (IHL). It iselaborated upon in several chapters that examine the role of non-state armed groupsin the development and interpretation of IHL, the impact of international criminal lawon the development of IHL, the notion of external non-international armed conflicts,and the regulation of prolonged occupation under international law.
The second theme of this volume is dedicated to targeting in armed conflicts. Specifictopics include precautions in attack in urban and siege warfare, the targeting of theIslamic State's religious personnel in Iraq and Syria, and the targeting of illicit cropsthrough aerial spraying in Colombia. Besides the chapters that address both themes,this volume also contains a Year in Review describing the most important events andlegal developments that took place in 2017.
The Yearbook of International Humanitarian Law is the world's only annual publicationdevoted to the study of the laws governing armed conflict. It provides a truly internationalforum for high-quality, peer-reviewed academic articles focusing on this crucialbranch of international law. Distinguished by contemporary relevance, the Yearbookof International Humanitarian Law bridges the gap between theory and practice andserves as a useful reference tool for scholars, practitioners, military personnel, civilservants, diplomats, human rights workers and students.
This book has as its subject matter the academic education of officers and builds on the signing of the Bologna Declaration in 1999 by twenty-nine European ministers for Education and Science, who thereby agreed to coordinate higher education across Europe, by, for instance, the implementation of the Bachelor's and Master's system. In the meantime, military academies have also introduced the BaMa system into their programs for officers' education, which marks a transition from the old days, when officers' education took place within a national military system, under military command, and was firmly grounded in principles, traditions and needs, as professed by the Ministries of Defence and the armed forces in particular. So the Bologna Declaration can be seen as crucial leverage for the development of in-house academic degree programs as a fundamental part of officers' education. With this volume, the editors of NL ARMS 2019 strive to offer a platform to both academics and military and civilian practitioners, as well as to combinations of these, to reflect and share their thoughts on officers' education `before and after' Bologna, both in The Netherlands and abroad. To this end, controversies and challenges, affecting various aspects and systems of officers' education, have been grouped into five themes. Respectively, the first four themes comprise institutional settings and change; educational philosophy; educational challenges and reflective practices; and didactical solutions. The fifth theme, international perspectives, provides insights into the strategic environments and challenges faced by sister-academies, as well as ways to further officers' education across Europe, such as offered by Erasmus programs. All the editors of this year's volume are affiliated with the Faculty of Military Sciences of the Netherlands Defence Academy in Breda, TheNetherlands.
This unique two-volume book covers virtually the whole spectrum of international conflict and security law. It proceeds from values protected by international law (Part I), through substantive rules in which these values are embodied (Part II), to international and domestic institutions that enforce the law (Part III). It subsequently deals with current challenges in the application of rules of international conflict and security law (Part IV), and crimes as the most serious violations of those rules (Part V). Finally, in the section on case studies (Part VI), lessons learnt from a number of conflict situations are discussed.
Written by an international team of experts representing all the major legal systems of the world, the book is intended as a reference work for students and researchers, domestic and international judges, as well as for legal advisers to governments and international and non-governmental organisations.
Sergey Sayapin is Associate Professor and Associate Dean at KIMEP University, School of Law in Almaty, Kazakhstan.
Rustam Atadjanov is Assistant Professor at KIMEP University, School of Law in Almaty, Kazakhstan.
Umesh Kadam is formerly Additional Professor at the National Law School of India University, Bangalore, India and Legal Adviser with the International Committee of the Red Cross.
Gerhard Kemp is Professor of Law at the University of Derby in the United Kingdom.
Nicolás Zambrana-Tévar is Associate Professor at KIMEP University, School of Law in Almaty, Kazakhstan.
Noëlle Quénivet is Professor in International Law at the University of the West of England, Bristol Law School in the United Kingdom.
This book is a tribute to the work of Professor Terry Gill, offered to him by friends and colleagues who are also academics and/or practitioners in the field of International Law of Military Operations (ILMO).
ILMO is a distinct sub-discipline within public international law and domestic public law, covering all domains of military operations: land, sea, air and (cyber)space. As such, ILMO includes elements of other branches of public international law, such as international humanitarian law, human rights law, the law on the use of force, the law of the sea, the law of State responsibility, arms control law and the law of international organisations. Importantly, as a hybrid field of law, ILMO covers the legal basis for military deployment both nationally and internationally, as well as the subsequent international legal regimes applicable to the forces (once deployed) and the domestic administrative and constitutional issues related to the relevant forces.
Control is a central notion of ILMO and is the leading theme of this book. The contributions in this book reflect the variety of legal frameworks applicable to military operations and offer an insightful view into the various legal and factual roles of control. The legal notion of control is considered, inter alia, in relation to restraints in the decision to deploy military forces and the legal basis for doing so. The impact of control is also discussed in relation to State and command responsibility and in different situations, including during peace operations, occupation and other situations of armed conflict. Additionally, control is considered over the armed forces themselves, over detainees migrants at sea and over the type or scale of force used in military operations, through targeting rules or rules of engagement. Furthermore, the book contains several discussions of control in the case law of international courts, within arms control law, weapons law and in the context of autonomous weapons systems.
The editors of the book are all practitioners, academically affiliated to the Faculty of Military Sciences (War Studies) of the Netherlands Defence Academy and/or the Law Faculty of the University of Amsterdam.
This book analyses the principle of equality from three perspectives: public international law, private international law and EU law. It is the first book in English providing a comprehensive overview of this principle in these areas of law and showing the current trends and issues concerning its application. Its main goal is to understand whether and to what extent the principle of equality has been affirmed in public and private international law, as well as EU law, and what - if any - the common core of this principle is.The analysis carried out in this contributed volume starts from general analyses of the principle of equality in the areas of the law covered by the book and then discusses the principle in more specific areas, such as human rights law, international adjudication (including investment law) and the law of international organizations.
The book is intended to become a benchmark for academics dealing with matters of equality in public international law, private international law and EU law. It will be a useful tool for practitioners too, the collected chapters being based on the relevant case law dealing with the principle of equality.
Daniele Amoroso is Professor of International Law in the Department of Law of the University of Cagliari, Cagliari, Italy.
Loris Marotti is Assistant Professor of International Law in the Department of Law at the Federico II University of Naples, Italy.
Pierfrancesco Rossi is Postdoctoral Fellow in International Law in the Department of Law of Luiss University, Rome, Italy.
Andrea Spagnolo is Professor of International Law in the Department of Law of the University of Turin, Turin, Italy.
Giovanni Zarra is Professor of International Law and International Litigation in the Department of Law at the Federico II University of Naples, Italy.
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. It also contains an elaborate Year in Review and a special section on the high-level Boundaries of the Battlefield symposium, including a conference report and several in-depth reflections on various other aspects of the symposium. 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.
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 fourth volume of the EYCL addresses the underexplored and contentious topic of whether the EU possesses a constitutional identity of its own. To date, the main focus of scholarship and case law concerns the constitutional identities of the Member States of the EU. This is because the EU has to respect such identities according to article 4(2) TEU.
The attention for Member States' constitutional identities stands in stark contrast to the notion of an EU constitutional identity. Such an identity features very little in the literature and debate on constitutional identity and the legal architecture of the EU. Consequently, this edition of the EYCL addresses the gap in legal research by studying constitutional identity with a focus on the EU itself. The book explores various views on whether the EU possesses such an identity and what any possible identity might entail. In this way, a fuller and more inclusive picture can be formed of constitutional identity as it relates to the multilevel constitutional order inhabited by the EU and its Member States.
This volume will be of special interest to constitutional and legal scholars who are interested in EU and national constitutional law, as well as to political scientists. In addition, the book is relevant for judges, government officials, judges and policy-makers who work with EU (constitutional) law and its relationship with national (constitutional) law.
Jurgen de Poorter is State Councillor at the Dutch Council of State and professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Lawand Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at SMU School of Law, Singapore. Ingrid Leijten is professor at Tilburg Law School, Department of Public Law and Governance. Charlotte van Oirsouw is PhD researcher at Utrecht University, Department of Constitutional and Administrative Law.
