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Handleiding volkenrecht
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ISBN: 9789046604670 Year: 2011 Publisher: Antwerpen Apeldoorn, Portland Maklu

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Netherlands Yearbook of International Law Volume 41, 2010 : Necessity Across International Law
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ISBN: 9789067047371 9789067047364 Year: 2011 Publisher: The Hague The Netherlands T M C Asser Press

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The Netherlands Yearbook of International (NYIL) Law has two main aims. It offers a forum for the publication of scholarly articles of a more general nature in the area of public international law, including the law of the European Union. In addition, each Yearbook provides an overview of the state practice of the Netherlands, including Dutch judicial decisions involving questions of public international law.   In this volume of NYIL ˜necessity' is the focus of analysis. Necessity plays a significant role in any legal system, as unpredictable or extraordinary situations can require the adoption of measures departing from the normally applicable law in order to protect basic values and fundamental interests. International law is not an exception. The scholarly articles in this volume discuss the role of the principle of necessity in different fields of international law, namely in conflict and security law, humanitarian law, human rights law, environmental law, international trade law, and foreign investment law. Each contribution reflects on central questions of the theme of necessity, such as the nature of the necessity plea, the role of the Articles on State Responsibility and general customary law, and the use of cross-references in case law to international decisions in other, but in terms of necessity related, fields of international law.


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Confronting Genocide
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ISBN: 9789048198405 Year: 2011 Publisher: Dordrecht Springer Netherlands

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Necessity across international law
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ISBN: 9789067047371 9789067047364 Year: 2011 Publisher: The Hague Asser

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Focus op IHR : bescherming onder het internationaal humanitair recht
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ISBN: 9789068910162 Year: 2011 Publisher: Mechelen Rode Kruis-Vlaanderen


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International Criminal Justice : Critical Perspectives and New Challenges
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ISBN: 9781441911025 Year: 2011 Publisher: New York NY Springer New York

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In recent years, justice-related issues have figured prominently on the international agenda. This expansion of the justice space is a product of a growing demand for accountability in world politics. Whether the issue is addressing heinous crimes such as genocide, war crimes and crimes against humanity in situations of armed conflict, confronting the inability or reluctance of governments to protect their own populations, or responding to the challenges posed by transnational terrorism, the international community has witnessed the proliferation of institutions and mechanisms, as well as the dynamic interplay between domestic and international processes, in the pursuit of justice-sensitive outcomes. International and hybrid tribunals, UN-led and domestic counter-terrorist initiatives, and the use of force for human protection purposes have demarcated the space within which ethical, political, and legal debates have unfolded in the quest for a more humane world order. In International Criminal Justice: Legal and Theoretical Perspectives, the authors address some of the most important debates surrounding key mechanisms and processes involved in this quest, and assess the merits of contending approaches to the promotion of international justice norms. This volume will contribute to the ongoing debate on the challenges, as well as opportunities, facing the justice agenda in its effort to shape developments in an increasingly interdependent world.


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Armed Forces in Law Enforcement Operations? - The German and European Perspective
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ISBN: 9783642154348 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg Imprint Springer

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At the center of this study lies the allocation of responsibilities and the division of labor between the armed forces and the mission of the police as well as other security forces in Europe. The mission of these forces defines the demarcation line between the spheres of internal and external security by assigning the former to the police and the latter to the armed forces. The focal idea is the evaluation of the feasibility of a strict separation as maintained in Germany in a European context, practical difficulties in its application, and potential ways to overcome such difficulties. This comprises in particular a comparison of the "German Way" with other European states and the corresponding methods chosen against the background of joint operations abroad.


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International Competition Enforcement Law Between Cooperation and Convergence
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ISBN: 9783642171673 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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The international dimensions of competition law and policy are most often examined at the level of substantive law. In this legal area both intentional and spontaneous assimilation and harmonization trends can be recognized, which manifest themselves e.g. in comparable approaches to combating particularly harmful restraints (so-called "hardcore cartels"). However, the complex terrain of enforcement law has been mainly ignored up to date. Are there common approaches in this field as well? How are the various competition laws linked with each other in respect to procedural norms? This book conceptualizes "International Competition Enforcement Law" against the backdrop of these issues and at the level of comparative law. The ciphers "cooperation" and "convergence" will serve as the two principle ideas for this book.


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Alternatives to Imprisonment in England and Wales, Germany and Turkey : A Comparative Study
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ISBN: 9783642173516 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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The book focuses on one of the most problematic areas of Turkish penal justice: the overreliance on custodial measures and a corresponding growth in the prison population, and compares Turkey with two major European countries in this respect: England and Wales and Germany. The underlying question throughout the study is the extent to which prison alternatives can be seen as genuine alternatives to immediate custodial sentences.


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Global Administrative Law and EU Administrative Law : Relationships, Legal Issues and Comparison
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ISBN: 9783642202643 Year: 2011 Publisher: Berlin Heidelberg Springer Berlin Heidelberg

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This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

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