Eleven international

  • European pension law is a topic that does not always receive the attention it deserves. For many years, the European Union has made efforts to bring the benefits of the EU single market to the realm of occupational pensions with some remarkable successes. However, some aspects of the EU's pension law and policy remain incomplete for a number of reasons. This book studies European (occupational) pension law from the perspective of a pension scheme member by looking at the prerogatives of the EU in the field of occupational pensions and the history of its involvement with the topic. It then assesses the results of those efforts from a pension scheme member's point of view. It does this not just by examining legislation such as the IORP II Directive or the Supplementary Pension Rights Directive, but also Commission Communications, the legislative processes leading up to adopted legislation and failed attempts at legislation. Finally, it studies the recent PEPP Regulation - a personal pension product that could offer lessons for EU occupational pension law.

  • The Islamic State (ISIS) perplexed the world when its leader Abu Bakr
    Al-Baghdadi declared a caliphate in 2014. This declaration was not just
    followed by territorial expansion, but also by several new developments
    in terrorism's actors, ideology, methods and geopolitics. Terrorism and
    Counterterrorism after the Caliphate analyzes these new developments
    in terrorism and counterterrorism in the wake of the ISIS-caliphate.
    This multidisciplinary volume combines legal, philosophical and international relations perspectives in two main lines of inquiry.
    First, the concepts relevant to terrorism and counter-terrorism studies are analyzed,
    such as the status of the `caliphate', the role of `ideology' and the links
    with `militant democracy'. Second, country-specific contributions discuss
    the latest developments in terrorism and counterterrorism in Belgium,
    the Netherlands, Germany, Italy and the United States.
    Terrorism and Counterterrorism after the Caliphate is essential reading
    for researchers and policy makers alike, grappling with the postcaliphate world of terrorism. The book constitutes a timely follow-up to earlier volumes in which Leiden Jurisprudence researchers collaborated
    with other Dutch and international scholars on the issues of terrorism,
    counter-terrorism and militant democracy: Terrorism: Ideology, Law and
    Policy (2011), The State of Exception and Militant Democracy in a Time
    of Terror (2012) and Militant Democracy - Political Science, Law and
    Philosophy (2018).

    Afshin Ellian is Professor of Jurisprudence at Leiden University. His latest
    book is Reflections on Democracy in the European Union (2020, as coeditor).
    Bastiaan Rijpkema is Associate Professor of Jurisprudence at Leiden
    University. His most recent book is Militant Democracy: The Limits of
    Democratic Tolerance (2018).

    Gelijn Molier is Associate Professor of Jurisprudence at Leiden University.
    In 2018 he co-edited Strijd om de democratie: essays over democratische
    zelfverdediging [Struggle for democracy: essays on democratic selfdefense]

  • This book examines confidentiality, secrecy and privilege issues in insolvency proceedings for corporates and banks. It attempts to fill the gap that the authors have identified. Bankruptcy and insolvency legal research, in particular, seem to lack clear definitions, incomplete laws and cases with respect to the application of these three themes in corporate insolvency and bank resolution proceedings. Moreover, there are still inconsistent views and opinions of judicial authorities across different jurisdictions about these topics. The study deliberately has a focused aim by arranging a unique collection of rules and court cases, approached from different perspectives of relevant stakeholders. It provides a mapping exercise with sources and commentary aimed at practitioners and scholars of insolvency law, which will come to more light and depth in legal environments that in themselves present a legal framework. Also, this book will serve as a preliminary research for additional research projects and other publications.

  • The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals' assets. Regardless of their duration, such measures necessarily infringe upon the targets' rights. Yet, the longer assets are frozen, the more acute these infringements can become. ICC-requested asset freezes can endure from the issuance of an arrest warrant until the accused is acquitted or convicted, whereas UNSC ordered measures continue until international peace and security is restored. Asset freezes executed at the behest of the ICC and the UNSC are therefore rarely short in duration. The focus of this book rests on the two bodies' exercise of their asset freezing powers, with a particular emphasis on the legal protections available to the individuals at the receiving end of the procedures with which the ICC and the UNSC are equipped. This book will be of interest to practitioners, academics, government officials, members of civil society, and postgraduate students with an interest in public international law, especially international criminal justice and international human rights law.

  • Foreign takeovers have triggered increasing vigilance of the host governments, as foreign ownership is likely to be deemed as a potential threat to local employment, strategic assets, economic network, high-tech competitiveness, and national security. Consequently, various countries have imposed different degrees of restriction on foreign investors.

    The disparity that lies in the national rules regarding foreign takeovers implies that while companies in some countries are well shielded against foreign buyers, the policy toolkits available to protect local companies are likely to remain empty in other countries. Hence, recent years have witnessed an escalating call for a more reciprocal environment for cross-border takeovers.

    Against this background, this book aims to investigate how national legislative designs react to the foreign takeover-related concerns in China and the Netherlands and accordingly propose several recommendations that may contribute to promoting a level playing field.

    As a timely refection upon the increasingly protectionist national markets, this book will be interesting and inspiring for practitioners, academics, and policymakers in China, the EU and even beyond.

  • Struggles over resources are not new for indigenous peoples. One of the latest
    arenas for recognition of their rights regards their intangibles, such as the
    protection of their traditional cultural expressions (TCEs). Most attention for protection
    from unauthorised use has occurred in the sphere of intellectual property law,
    notably copyright law. However, both protection arguments and context indicate
    wider implications of the issue, which include preservation of cultural heritage and
    exercise and enjoyment of human rights such as the rights to self-determination
    and participation in cultural life.
    This book breaks new ground by pursuing a transdisciplinary approach in support of the argument that the protection of TCEs cannot be viewed as an isolated issue of intellectual property. In addition to copyright law, the extensive analysis also includes the legal frameworks of cultural heritage and human rights law in
    order to uncover shared central values to guide efforts and approaches to TCE
    protection in going forward. Operationalisation of the shared central values can
    guide the process of moving towards a more comprehensive perspective of the
    protection of TCEs. Hence, the main aim of the book is to demonstrate the strength
    of looking across the boundaries of legal domains and mandates and to argue
    the necessity of pursuing a diverse legal and policy response.

    With its novel approach and thorough analysis, covering three legal frameworks
    not usually connected in such an integrated way, the book offers a significant
    contribution to the field of protection of traditional knowledge and cultural
    expressions. It is highly relevant for interest groups, scholars, students and professionals in the areas of (international) intellectual property law, cultural heritage
    and human rights, with a specific focus on cultural rights, the rights of indigenous
    peoples and heritage.

    About the author
    J.M. (Kelly) Breemen is a researcher in information law, cultural heritage
    and human rights. She graduated in information law from the University of
    Amsterdam's Institute for Information Law (Research Master, cum laude, 2012).
    In 2018, she successfully defended her PhD at the same university and Institute.
    She was awarded the Witteveen Memorial Fellowship in Law & Humanities
    from Tilburg University in 2018 to further develop her research with a project on
    indigenous heritage in digital libraries, intellectual property and human rights.

  • The use of unmanned aircrafts, commonly known as drones, is developing at a fast pace worldwide. Drones are extremely versatile and capable of performing a wide variety of applications. However, applicable regulations are still lagging behind in technological progress and volume growth.

    The authors provide an in-depth study on prevailing drone law and policy in order to achieve a seamless integration of drone technology into the legal order of civil aviation. The drone market largely depends on the successful implementation of such a comprehensive international regulatory framework that will allow for safe, secure and environmentally friendly operations, while technologies must be mature enough to ensure full integration of drones into non-segregated airspace in the foreseeable future. Monitoring, evaluating and analysing drone operations is a continuous and systematic process, generating knowledge and best practices, also for streamlining such an all-encompassing regulatory framework.

  • In 2021, the CISG Advisory Council celebrates its twentieth anniversary. For this unique occasion the current Council members decided to publish the second edition of The CISG Advisory Council Opinions. This book contains all original Opinions and Declarations with their corresponding annexes, to which four new Opinions have been added.

    The CISG Advisory Council Opinions is designed to facilitate the work on and with the The United Nations Convention on Contract for the International Sale of Goods. It enables the reader to gain an overview of the CISG Advisory Council's work of the entirety of the last twenty years. Furthermore, it contains an introductory chapter on the Advisory Council itself, its unique approach, and some historical background of the Opinions.

  • The credit rating industry called for many debates on its civil liability since the origin of the industry at the beginning of the twentieth century. In 2013, the Union legislature introduced a right to damages, which issuers and investors can directly enforce against credit rating agencies under Article 35a CRA Regulation. This provision has drawn attention because of its remarkable structure: Article 35a CRA Regulation introduced a legal ground for civil liability at the European level, while general tort law has not been harmonised at the European level. This book investigates Article 35a CRA Regulation from multiple legal perspectives. Combining EU law, Private International Law and Dutch, French, German and English national private law, this book answers the main question of whether Article 35a CRA Regulation achieves its post-crisis goal of being an adequate right of redress for issuers and investors whilst it has to be interpreted under various systems of national law. In answering this question, the book takes a broader European approach and also rates the usefulness of Article 35a CRA Regulation as a European template for civil liability to be used by the Union legislature.

  • In social care, mobilizing network support is a topical issue. Networks are at the heart of Family Group Conferencing, or Family Group Decision Making. FGC originated in New Zealand but has spread to many countries worldwide. In this book, FGC researchers with different methodological orientations discuss their findings and reflect candidly on the methodological choices they made and the challenges faced. The `what works' versus `context' controversy in social work research is highlighted from different perspectives. Moreover, the interaction between FGC and the care system in which it is embedded, is illustrated through a variety of disciplines including governance studies, law, and economic analysis.

    The wealth of insights collated make this book unique. The book is relevant for researchers, care professionals and (inter-) national policy makers. They will benefit from the experiences and visions shared in this book.

    Ten different research teams have contributed to this book. The editors are associate professors at Erasmus University, Rotterdam. This publication was financially supported by the Netherlands Organization for Scientific Research and the Municipality of Rotterdam.

  • Atrocity Crimes, Atrocity Laws and Justice in Africa provides a detailed analysis of the law and practice of international criminal justice in atrocity situations within Africa. Using the framework of atrocity law and justice, it examines national, regional, and international trials for atrocity crimes, including trials before foreign courts, while paying attention to the challenges posed by extradition laws to the attainment of justice. The book also discusses quasi-criminal processes adopted by some countries for bringing perpetrators to justice. It notes the politics of and the tensions within international criminal justice, the unending challenges to the existing framework by African countries, and the possibility of the emergence of an alternative or complementary regional criminal justice system.

    This book will be of interest to both academics and practitioners in the areas of mass atrocity studies, and international criminal law and justice. It will be a valuable tool for students and others studying international criminal law, international human rights, international humanitarian law, and the politics of international criminal justice. Anyone interested in atrocity law and justice in Africa will find this an indispensable text.

  • The only Sharia court that exists in Europe is located at the eastern tip of Greece. In this travelogue of his fieldtrips to the region, professor Maurits Berger gives a unique insight into the workings of that court. His encounters with Muftis, Muslims and Christians are interspersed with background information and personal reflections on the larger issues, such as religious courts, Islamic law, Turkish-Greek politics, Islam in Europe, minorities and human rights. This book is intended for anyone who is interested in today's issues of Muslims and Islam in Europe. The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe.

  • Major processes of transformation in the legal system of Cyprus have only begun as a result of the effects of the financial crisis, despite initial hopes of combining accession with modernization of the law. Over-indebtedness problems and court congestion have been the impetus for change, with the EU having a major role in the adopted solutions.
    This book aims at examining the impact of European contract law and civil procedure upon the legal system of Cyprus, taking into account its mixed elements and whether these elements have contributed towards a smooth reception of EU law. The analysis in this book focuses on contract law and civil procedure. The New Deal for Consumers and the recent emphasis on ensuring the effectiveness of EU (consumer) law is an important part of the study. The analysis of the jurisprudence from Cyprus and the cross-comparisons with other jurisdictions are available to both Cypriot jurists and academics on the one hand, and jurists and academics of comparative and European contract law on the other.

  • In modern society, movables have become an important part of one's wealth. The transactions concerning movables have noticeably become ever more complicated, implying that the legal relationships of personal property are considerably intricate. Under this pretext the question arises how to preclude conflicts for different transactions to realize the target of `preventive justice' under a strong publicity system.

    This book focuses on the traditional aspects of publicity, possession and notification with respect to corporeal movables and claims, and includes a comparative study of English law, German law and Dutch law. The principle of publicity on the basis of possession and notification is nowadays no longer tenable. Instead it is more desirable to introduce registration, traditionally a method of publicity for immovable property, in the law of corporeal movables and claims. In three case studies, this book argues that a system should incorporate secured transactions and trust, and an independent central register should be established as is the case for other jurisdictions.

  • Since 1997 Sjef van Erp has been professor of civil law and European private law at Maastricht University. Throughout his career he established the field of comparative and European property law not only as a field of research, but also as a field to teach in. His pioneering work in comparative property education has been an example throughoutthe world. His work to gather property experts to make a Ius Commune Casebook on property law, widely used throughout the world as one of the first and very few books on comparative property law, underlines these efforts.
    In the last decade Sjef van Erp has also been instrumental in bringing researchers together in the European Law Institute that he co-founded, as well in various international working groups focusing on the challenges brought forward by technological developments on the law of property. He has become recognized as an international scholar in the field of PropTech (or property and technology). Throughout all these international activities, he has retained his teaching post at Maastricht and introduced generations of students into the field of property law from a comparative and European perspective.
    In January 2021 Sjef van Erp has retired as professor of civil law and European Private Law at Maastricht University. On the occasion of his retirement a group of international authors have come together to prepare and offer him a book to commemorate this occasion.

  • Comparative Constitutional Justice Nieuw

    Comparative Constitutional Justice adopts an innovative approach to constitutional justice. From a methodological perspective, it assumes that it is impossible to apply an absolute criterion of classification, which depends on the purposes comparative scholars aim to achieve when delivering their own taxonomies. A broad definition of constitutional justice is adopted, which revolves around the following taxonomy: 1) the legality of norms, 2) the conformity of actors' behaviours with the distribution of sovereign powers and 3) the compliance with international covenants on human rights. This tripartite classification complements a further criterion based on the graduation in the intensity of this review. This indeed ranges from a minimum scrutiny limited to legislation (`nomocratic review') to a maximum scrutiny encompassing all state activities (`pantocratic review'). The proposed classification will provide readers with a critical toolbox when it comes to examining the pluralism which characterises the systems of constitutional adjudication around the world.

  • Menu for Justice is the first European project that takes seriously the issue of how the new generation of Europeans should be trained in law and legal matters and how experts in law and the judicial process can develop new skills and competences to effectively face the challenges of a common judicial space. This project has been funded with support from the European Commission. The project takes up a major issue in contemporary judicial politics: to what extent and by which means can legally relevant expertise be supported to ensure an efficient, effective, and legitimate judicial system? This, of course, is not only a matter of policies and of organisation of judicial administrations. It is also a matter of how lawyers and for more specific functions, judges, are trained considering the current, rapidly changing societal circumstances. By devoting three years to joint working among fifty partners in Europe, this project aims to assess the key gaps in legal and judicial education in all European countries at all stages of education: from undergraduate to graduate and PhD programs in universities to vocational training of lawyers and judges. By assessing the state of the art of education for law students, lawyers and judges in Europe, Menu for Justice aims to provide vital information to policy makers considering the development of an innovative curriculum studiorum in judicial studies. It will also provide European institutions and the public with basic guidelines for monitoring the way legal and judicial training are changing in Europe.

  • While global constitutional ideas migrate across countries, continents, agencies and institutions, internationally accepted principles of constitutionalism and human rights influence national governments that have been able to keep their sovereignty. This book looks into the fascinating question of convergence and sovereignty by approaching the issue from various angels: the use of foreign and international law in national constitution-making and constitutional interpretation on the one hand, and the use of international human rights by domestic courts on the other. The book covers ten countries through different perspectives, focussing on the interplay between the national jurisdiction and international and foreign law. The author argues that despite the different postures towards the use of foreign and international law, constitutionalism and judicial review have `gone global, and there is definitely a growing horizontal communication between constitutional systems. The consequence of this development is the emergence of a `transnational or cosmopolitan constitutionalism. According to the author, this process can be sped up by the inevitable constitutionalization of international law.

  • This book examines the African Union Convention on the Protection and Assistance of Internally Displaced Persons known as the Kampala Convention which entered into force on 6 December 2012. The book sets out the shortcomings of international law relating to internal displacement, more specifically the `protection gap. The author shows how the Kampala Convention not only fills this protection gap, but also how it contributes to the overall development of norms in international, regional and national laws governing internal displacement. The book is of interest to scholars of international law and human rights, as well as to experts in peace and security and practitioners in humanitarian organizations, the African Union, the United Nations, and Regional
    Economic Communities.

  • Arbitration is still a time- and cost-efficient, professional way of resolving cross-border disputes. However, its advantages seem to vanish if one party is obstructive and tries to delay or even sabotage the proceedings. For example, a party may initiate state court proceedings in violation of the arbitration agreement, refuse to pay the advance on costs or fail to follow a document production order of the arbitral tribunal. This work first deals with the obligations that arise from an arbitration agreement. Subsequently, the author introduces 'obstructionist behavior' as a generic term and identifies situations in which, according to case law, mere tactical behavior turns into obstructionist behavior. Finally, the author extensively discusses measures against obstructionist behavior such as adverse inferences, interim measures and astreintes. The author examines the jurisdictions of Switzerland, England, the US and France as well as the established arbitration rules. As this work relies to a substantial extent on unpublished ICC arbitral awards, the author provides a valuable insight in arbitral tribunals dealings with obstructionist parties.

  • Africa and the Future of International Criminal Justice examines critical issues concerning Africa as a place in which international criminal accountability mechanisms have played, and still continue to play a prominent role in the efforts to deal with and to tackle impunity for atrocity crimes. It interrogates important questions relating to Africas importance to international criminal justice as exemplified by the activities of international criminal accountability mechanisms. Some examples are the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court (ICC).The contributions in the volume discuss the contentions about whether Africa is particularly targeted for international justice accountability experiments as well as the politics of international criminal justice. International politics continue to shape Africas relationship with international justice mechanisms and initiatives as demonstrated by the recent concerns of the African Union about the activities of the ICC in Africa. This publication clarifies that the ICC, as a permanent global international criminal accountability mechanism needs Africa and that Africa needs the ICC for full and effective realization of the normative prescriptions of the Rome Statute in Africa. In this regard the publication places the complementarity principle of the Rome Statute at the centre to enable Africa to take credible ownership of justice for atrocity crimes on the continent.

  • This book provides a roadmap of the law applicable to the food sector in the EU. Rules and regulations are to be found at the international level, the European level and the private sector level. National legislation of the individual Member States is not covered in this book. International food law largely is a meta-framework providing models and setting limits to the way states and other entities, such as the EU, regulate the food sector. The Codex Alimentarius plays a central role at the international level. European law comprises a mix of rules. In the food sector the core of European food law can be found in a Regulation best known as the 'General Food Law' Regulation. An increasing number of EU Regulations applicable in this field directly address consumers and businesses in the same way national legislation does. In addition, there are EU directives requiring Member States to include harmonized provisions in their national legal system. Finally, the private sector has formulated schemes consisting of private standards that are embedded in certification procedures. These schemes are based on EU legislation taking it beyond the borders of the EU, elaborating it in more detail or simply ensuring compliance. Some schemes are based on international models.

    The roadmap provides an overview of the structure and content of food law in such a way that it is clear which rules are applicable. As the food sector has become one of the most heavily regulated sectors in the EU, a book that specifically deals with the law in this field cannot fail to be of importance to anyone interested in food law.

  • `Excellence is said to be the sole criterion in grant decision-making. How excellence is judged by funding organizations is difficult to grasp. This book helps scientists to acquire a grant for basic research from national and international funding organizations. It describes the processes involved and explains the way in which decisions on the giving of grants are made by peer reviewers and field panels or juries. It focuses on the best strategy for applying, supplies information on how to cope with the application form and the way it is handled by the different people involved in the assessment of scientific excellence as well as by the funding organization. The book is based on hundreds of cases in which the authors have been involved over the last ten years.

  • This book covers the presentations held at the launching event of the Institute for Corporate Law, Governance and Innovation Policies (ICGI) at Maastricht University. The thought provoking presentations were held by three distinguished speakers: Willem Lageweg (Director of MVO Nederland and member of the ICGI Advisory Board), Prof. Dr. Jacqueline Cramer (Director of the Utrecht Sustainability Institute and Professor in Sustainable Innovation at Utrecht University) and Dr. André Veneman (Corporate Director Sustainability/Health Safety and Environment at AkzoNobel). In addition to these presentations, the inaugural lectures of Professor Eijsbouts and Professor De Hoo have been updated and are included in the book. This book is of interest not only to legal scholars and practitioners with an interest in the legal challenges brought about by the corporate social responsibility debate, but also for managers of stock quoted- as well as small- and medium sized companies.