T.M.C. Asser Press – förlag

The topic of this book is the external action of the EU within international economic law, with a special focus on investment law. The aim of the volume is to provide the reader with an appraisal of the most recent trends and developments that have characterised a field that has been rapidly evolving and in which the EU has imposed itself as a leading actor.The book is aimed at academics, practitioners and graduate students as well as at EU officials and judges, all of whom should find the subject matter discussed useful for keeping updated on a scholarly discussion of relevance to case law.Mads Andenas is Professor of Law at the Faculty of Law of the University of Oslo in Norway. Luca Pantaleo is Doctor of Law and Senior Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. Matthew Happold is Professor of Law at the Université du Luxembourg in Luxembourg. Cristina Contartese is Lecturer in Law at the European Law and Governance School in Athens, Greece.

With a Preface by António Vitorino, Member of the European Commission responsible for Justice and Home Affairs. On 13 June 2002 the Framework Decision on the European Arrest Warrant and Surrender Procedures between Members States of the European Union (EAW) was adopted by the Council of the European Union. The Framework Decision is to be implemented by all current and future members of the European Union in their respective legal systems. The new surrender regime replaces the system of extradition between the Member States. The present Handbook offers an introduction to the EAW, its origin and its implications. The book sets out on the history of extradition as a legal system and compares the EAW with the old system. It includes the full text of the EAW with commentaries per paragraph. Attention is paid to procedural rules as well as to special issues, such as the principles of reciprocity and mutual trust, ne bis in idem, verdicts in absentia and the double criminality rule. The relation of the EAW with other relevant legal instruments, including those concerning human rights and procedural safeguards, is also covered. A keyword index enhances the accessibility of the book. The Handbook on the European Arrest Warrant is written by legal experts – practitioners and academics – for government officials, judges and public prosecutors, legal practitioners, academics and everyone else involved in the implementation of the EAW on the national level. Judge Rob Blekxtoon was Presiding Judge of the Extradition Division of the Amsterdam District Court for more than eighteen years and was charged with establishing the Surrender Division of that Court, which is designated to handle all surrender cases in the Netherlands.

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.

To publish and produce the first comprehensive and really international Yearbook on international humanitarian law! That idea and challenge emerged during the aftermath of the Geneva War Victims Conference in 1993 at the Legal Depart­ ment of the Netherlands Ministry for Foreign Affairs. It would take another five years, numerous discussions with experts in the Netherlands and abroad, and the expertise and knowledge of the staff of the T. M. C. Asser Instituut, before the first volume could be presented. A major inducement for the publication and the preparatory work was also the research which was undertaken at our Institute by young, dedicated scholars in the field of humanitarian law, including state practice, the frequent contacts with Professor Dr. Horst Fischer and his 'Institute for International Humanitarian Law' at the University of Bochum and the cooperation in the publication of the Bofax Newsletter. It was Alan Stephens of Kluwer Law International who came up with most useful comments and sugges­ tions concerning the focus and structure of the new Yearbook Gradually, the 'idea' turned into a reality and all ingredients for the official project launch were present when the search for a competent and enthusiastic managing editor was successful: Avril McDonald, with research experience and having been employed at the Yugoslav Tribunal, turned out to be the right person at the right place at the right time.

In 1998, the City of The Hague commemorated its 750th anniversary. To emphasize the fact that The Hague has been an international judicial center of activities for the past decades, a special International Law Conference was organized by the T.M.C. Asser Instituut in co-operation with the 'Stichting 750 jaar Den Haag'. The programme of The Hague's 750th Anniversary International Law Conference concentrated on the following main themes: international criminal law, interstate dispute settlement, international commercial arbitration, international humanitarian law, private international law and the regulation of international trade. Within this framework, a number of panels were especially devoted to aspects of 'The Hague, Legal Capital of the World', i.e., concerning the International Court of Justice, the (future) International Criminal Court and the Iran--US Claims Tribunal. Leading experts as well as representatives of the Netherlands Ministry of Foreign Affairs and the various international institutions based in The Hague participated in the programme. This publication is intended for anyone interested in an analysis of the law and practice in these institutions.

The International Criminal Court adopted its Statute in Rome in July 1998. Six months later, on 15 December 1998, a seminar was held in the Netherlands Ministry of Foreign Affairs, which analysed the position of the ICC within the international arena, exploring its relationship to the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the Security Council, as well as its relationship to the host country, the Netherlands. A number of contributions to the seminar are included in this volume, as well as essays that reflect on parts of the Statute or on the process by which it was created. Written by eminent international lawyers, several of whom were actively involved in the negotiations leading to the adoption of the Rome Statute. This collection is dedicated to Adriaan Bos and his opening contribution to the seminar is also included in this volume. The various contributions are written by eminent international lawyers, several of whom were actively involved in the negotiations leading to the adoption of the Rome StatuteThis collection is dedicated to Adriaan Bos, the Legal Adviser of the Ministry of Foreign Affairs, who was the chairman of all the preparatory meetings leading to the Rome Conference

The rules of substantive law relating to the reservation of title clause differ from country to country. This book addresses problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far.  This book is strong in its analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which rules of private international law in this field must be in compliance with European law. The consequences of the various modes in which such compliance may be achieved are carefully analysed. This study is an important contribution to the understanding of European integration in a hitherto relatively neglected subject area and is suitable for a wide range of potential readers; both academics and practitioners in private international law and European law should find it of great interest.

Political/security, legal and economic aspects are highlighted in this volume's coverage of minority issues in Croatia, Estonia and Slovakia. Since these countries achieved independence as a result of the post-Cold War dissolution of their predecessor states, there is a relatively complex minority situation in all three--the result of changing state borders. This work contributes to identifying problem areas and the means and mechanisms to ensure adequate protection to minority groups.

The Asylum Acquis Handbook is a unique and comprehensive tool for those who have a sincere interest in contributing to a sound, common European asylum policy. Asylum has always been an intensively debated topic, and these days even more so than in the recent past. Virtually everyone has an opinion on the subject and the general consensus is that the European Union should strive for a common asylum policy. Yet, basic information is lacking: while there is talk on an `acquis', talk on `communitarization', the various discussions, so far, miss the firm foundation on which to build the common European asylum house. The Asylum Acquis Handbook seeks to fill this gap and serves as an important reference book with in-depth information on asylum-related topics, including: + an overview of the Acquis + the texts of the various relevant instruments + value-free commentaries + informative contributions, especially written for this Handbook by leading experts, and + additional information and sources.Noteworthy is the Preface with relevant parts of a thought-provoking keynote address, delivered by Antonio Vitorino, EU Commissioner for Justice and Home Affairs, at the 4th Metropolis Conference, Washington DC, December 1999. The Asylum Acquis Handbook enhances accessibility and transparency and will become an important source for policy makers, the executive, the media, students and all others concerned with the issue of asylum. Dr. Peter van Krieken's extensive UNHCR background, his role as special advisor on international affairs with the Netherlands Ministry of Justice/INS and his lecturing in international law and human rights at Webster University, Leiden, the Netherlands, made him the most suitable expert to compile and edit the Asylum Acquis Handbook. Dr. Van Krieken is actively involved in European asylum policy issues under CIREA, Phare assessment missions and related Twinning, Odysseus and Horizontal Programmes. He is also the editor of the book Refugee Law in Context: The Exclusion Clause, which was recently published by T.M.C.Asser Press.

Private Law in the International Arena contains fifty-seven original contributions authored by renowned lawyers from all over the World. It analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. It will be of interest to scholars and practitioners alike. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr. Kurt Siehr of the University of Zurich.

This study considers the ftrst century of international adjudication as a permanent fixture of the international society. By using speciftc international courts to which I was attached, as either a researcher or an employee, I was allowed to consider the various limitations to effective adjudication on the international plane. I recall the day in January of 1992 when the seeds of this manuscript were ftrst planted. I was on the fourth-floor of the Loeb Building at Carleton University leafing through a copy of Thomas Burgenthal's International Human Rights Law in a Nutshell when I came upon a chapter on the Inter-American Court of Human Rights. "How could this be?", I thought. "A little known human rights court in a part of the world fraught with human rights abuses". That semester, I followed through on a course in international human rights law with Professor Maureen Davies and accepted a University Fellowship to do graduate work at Brock University (Canada) the following year. Supported in my interest by Professor James Patrick Sewell, I sought and received an Organization of American States Fellowship to spend an academic year studying the Inter­ American Court of Human Rights, in situ, in San Jose, Costa Rica. It is from this period that I witnessed ftrst-hand how the Inter-American Court, although similar on paper to the European Court of Human Rights, was limited in its effectiveness through the lack of ftnancing and stafftng allocated to it by American States.

This book comes at a critical time for the future development of sports law. It examines key issues of both contemporary and future importance to the administration of sporting activity in the European Union. The book is par­ ticularly pertinent coming at a time when European Community law is playing a key role in the restructuring of football's transfer system. This forms only one small, though highly significant, part of the fundamental shift that has taken place in European professional sport; away from the self-regulatory autonomy of sporting bodies towards a system more rigidly codified and governed by main­ stream legal norms and rules. The law, in particular the economic freedoms provided for under the Treaty of Rome, has become a key weapon in the armoury of those who wish to exploit sport to its full commercial potential, free of self-regulatory constraints. It is not only those desirous of exploiting the economic potential of sport, who have made use of European Community law. As sport has become increasingly com­ mercialised and commodified, it has also attracted the attention of the institutions of the Community, which have been keen to ensure that sports regulations adhere to Community law.

The possibility to communicate and to be educated in one’s own language is one of the most crucial aspects of a person’s and a group’s identity. This book deals with minority languages in the Organization for Security and Cooperation in Europe (OSCE) area in a systematic way. It provides information which facilitates discussion in scientific, governmental and non-governmental circles dealing with both human rights protection and security issues and assists in finding solutions to particular situations concerning minority languages.  In the first part contributors subject a number of questions concerning the linguistic rights of minorities to scientific scrutiny. The second part deals with activities and developments within major international organizations and the third part provides a survey of relevant national legislation and documents. A valuable source of reference and an indispensable tool in the development of rules and policies which protect the linguistic rights of persons belonging to minorities, this volume contains an extensive collection of both international and national documents and excerpts from documents relating and/or relevant to the linguistic rights of minorities.

The North is being increasingly confronted with a new phenomenon of migration: the so-called 'health tourism' of irregular migrants. One can already recognize a tendency among would-be migrants who either overstay their visas, or arrive under the pretext of being asylum-seekers, to come to the North with the intention of receiving medical treatment, in particular complicated surgery or other expensive forms of treatment, which they cannot get in their countries of origin, certainly not free of charge. Moreover, many others use 'illness' as a pretext or a reason for not being returned, or to obtain leave of stay. In this respect one needs to take into account that public health services in most Western European and North American countries are already overloaded as a consequence of modern medical developments, but also in view of the general increase in the percentage of old people among the population. Inmany countries there are long waiting lists for non-urgent operations and contributions to health systems have to be constantly increased in order to cover the extensive costs of modern medical treatment.

With a Foreword by Paul J.G. Kapteyn, Former President of Chamber at the Court of Justice of the European Communities Important practical and theoretical issues remain to be explored and discussed in respect of the so-called three pillars of the European Union (European Communities, Common Foreign and Security Policy, Police and Judicial Co-operation in Criminal Matters) in relation to international law. In practical examples, developed in 25 original essays written by both practitioners and scholars from European institutions and universities, this book seeks to stimulate discussion on relations and conflicts between the EU and international legal orders. Current issues are addressed including the suspension of rights of Member States in international organisations, the definition of the precautionary principle under WTO and EC law, the UN Convention against transnational organised crime, and the participation of the EU; the EU and its involvement in international humanitarian law, and the EU Charter of Fundamental Rights related to international instruments. Although changing, the relationship between the European Union and international law has not given rise to many publications - this book seeks to establish a dialogue between EU lawyers and international lawyers, in order to focus on the relationship between EU and international law.

Europe has finally started to debate migration. A timely debate indeed, as many migrants have over the last 30 years entered the European Union without the cover of a proper and well-defined policy. Many arguments are being put forward in this respect: Europe faces a shortage of labour, not enough children are being born, future pension bills can not be met, globalization should result in accepting aliens, and so on. Yet, hardly any effort has been undertaken to put all such arguments into their proper context and to list what Europe and the European Union in particular have already agreed upon.This Migration Acquis Handbook (an equivalent to the Asylum Acquis Handbook fills the many gaps by providing: + an overview of EU instruments in an accessible and transparent manner, with the necessary division as per: entry, sojourn, integration and return; + due attention to EC Commissioner Vitorino's communication on migration and his call for a debate; + the reproduction of relevant non-European international (UN) instruments; + moreover, an overview of the context and contents of the most hotly-contested issues: ageing and demography, globalization, illegal migration, trafficking and family reunification. This Handbook describes and provides the foundation for a common European Migration Policy and should be considered an extremely useful tool, if not indispendable for the executive, students, policy makers, the media and all others interested in this exceedingly important topic. From the Preface by Dr.Rolf Jenny, Director of the Geneva-based International Migration Policy Programma (IMP) `We believe that this Handbook will significantly contribute to supporting and clarifying the ongoing debate on migration as Europe moves forward with the establishment of a common migration policy, based on co-operation and partnership with migrant source countries, equitable protection and treatment of third-country nationals, and best practices in migration management.We also believe that the Handbook will contribute to a better overall understanding of the migration challenges at hand, and the gradual development of a 'common language in migration' among those who, from often differing perspectives, deal with the matter in sending, transit and receiving countries.'

Broadcasting in the European Union: The Role of Public Interest in Competition Analysis explores whether and to what extent EC Competition law promotes media pluralism and how broadcasting's public service and commercial interests can be reconciled in Europe, where public and economic competition have traditionally been defined as distinct concepts. It employs a multi-disciplinary approach to identify how the term 'public interest' is used by different actors. Publicists, it is believed, compete on words, not on products or prices. Against the background of increased commercialisation, this book takes a different point of view. It identifies how EC law and the case law of the European Courts balance public interest considerations with economic competition on media markets. It also contrasts various policy options and examines issues from EC merger control to the marketing of sports rights. This book offers the first comprehensive application of competition analysis to European broadcasting.

The studies, debates and suggestions collected in this work are the result of an international conference on European Law held in September 2000, organized by the T.M.C. Asser Institute in The Hague, in cooperation with the Constitutional and Legal Policy Institute COLPI, Budapest, Hungary. The subject of the conference concerned the impact of the enlargement of the European Union on the constitutional provisions of both levels of legal order: the national and the European level. At the National level, enlargement will, most likely, contribute in many candidate countries to constitutional modernization and fundamental changes. Constitutional provisions have to be regulated and adjusted before accession. Provisions of national constitutions contrary to or contradicting the acquis communautaire have to be amended. National courts interpreting these constitutions (living constitutions) will play a new important independent role as community courts. After accession these national courts of the candidate countries should accept and apply the principles of direct effect, direct applicability and supremacy of community law.At the EU level reorganization and simplification of the Treaties as well as reform of the EC=s institutions (European Parliament, Council, Commission and European Court of Justice) should increase the effectiveness of the legal order of the Union. The contributions in this Volume are grouped around five major themes: i. the European architecture, i.e., the constitutional order and the Charter of Fundamental Rights; ii. the impact of enlargement on constitutions and courts of EU Member States; iii. the impact of enlargement on the constitutions and courts of the candidate countries; iv. the IGC and future perspectives for the European architecture; and v. the practical implementation of the challenges of accession. The contributors, coming from Member States as well as all candidate countries, are representatives and legal experts from national governments, from the EC Institutions, the national judiciary and the academic world (European and constitutional law). The contributions are preceded by a Report on the Conference and followed by Conclusions and Summing up of the Conference. The Annexes include, a.o., documents from the European Council of Nice (December 2000), such as the `Protocol and Declaration of Enlargement', `Declaration on the Future of the Union' and the `Charter of Fundamental Rights of the European Union'.This book is essential and vital as background information for the broad discussion which will start on the basis of the `Declaration on the Future of the Union' from the European Council of Nice (December 2000), and which process of debates will continue with appropriate initiatives after the `Declaration of Laeken' from the Belgian Presidency (December 2001) till the new Conference of the Representatives of the Governments of the Member States, to be convened in 2004.

This volume contains the basic documents on the 'administration of justice', i.e., the law on disputes and disciplinary action, in the international sporting world. Included are the Statutes of the Court of Arbitration for Sport, its Rules for the resolution of Disputes during the Olympic Games and its Mediation Rules. The following categories of rules concerning the international Olympic Sports federations are reproduced in the relevant section: arbitral and disciplinary rules in the statutes, constitutions, bye-laws and general regulations; special arbitral and/or disciplinary rules and regulations; disciplinary rules that are embodied in the international competition regulations of the international federations; and disciplinary rules in the 'laws of the game' per sport. This collection of documents is a timely and welcome contribution to enhancing the accessibility of basic texts on international sports law, and provides an invaluable source of reference for sports officials, legal practitioners and the academic world.

With a Foreword by Tjaco T. van den Hout, Secretary-General of the Permanent Court of Arbitration This volume is presented in commemoration of the centenary of the establishment of the Permanent Court of Arbitration (PCA) at the First Hague Peace Conference of 1899 and its continuation at the Second Hague Peace Conference of 1907. It makes widely available, in English, the reports of the competent Commissions of each Conference dealing with the Pacific Settlement of International Disputes and the PCA, together with the proposal of the Second Conference for a permanent court of arbitral justice. The reports of the Commissions in the 1899 and 1907 conferences contain a full account of the considerations that prevailed in the negotiation of every provision of each Convention. They are authoritative commentaries on each Convention. This important book will facilitate access to the drafting history of the 1899 and 1907 Hague Peace Conventions and as suchwill be of interest to practitioners, historians and scholars of international law.

With a Foreword by Professor Jagdish Bhagwati This book addresses legal aspects of GATT Article XXIV and its ‘internal’ trade requirements as they define the WTO gateway for regional trade agreements. The case for a narrow avenue is made by exploring historical foundations in the Havana ITO negotiations and later difficulties of applying provisions to developed-developing country free-trade areas. The external economic effects for the trade of non-members will remain of concern, but rules of origin and regional safeguard regimes can affect intra-regional trade between large and small members as well. The GATT-47 practice is contrasted with WTO developments as dispute settlement reports have established the conditional legal nature of the regional exception. A treaty law argument is made that GATT/WTO rules retain continuing validity for regional members. Implications for the WTO review process are considered.

Milestones, particularly those as special as the twin-birth of a new century and millenium,lendthemselvestorhapsodyandtheurgetosaysomethingpositiveand forward-looking. The Yearbook is not merely succumbing to this tendency, however, when it observes that, in some important respects, 2000 proved itself an auspiciousopening. Therewasaflurryofactivityamongstatestoimplementint- national humanitarian law (IHL), most of it a consequence of states ratifying the several humanitarian law treaties that were concluded in the late-Nineties. States are starting to indicate that they are taking humanitarian law, and parti- larlyitspenalprovisions,moreseriouslythanhitherto. Agrowingnumberofstates are amending their penal codes (or examining the need to do so) to criminalise 3 serious breaches of humanitarian law. A major incentive is the need for states wishingtoenterintotheInternationalCriminalCourt(ICC)regime,andtotakefull advantage of the principle of complementarity, to adjust their national law to the requirements of the Rome Statute. This can be a one, two or several step process, and the legal and constitutional obstacles and challenges vary widely from state to state. Particularly encouraging are early signs that some states have been prepared togobeyondthesubstantivelawaslaiddownintheStatuteto,forinstance,provide 4 broader definitions of crimes. Ratification and implementation of the ICC Statute presents a unique opportunity for states to contribute to the progressive develop- 5 mentofcustomaryinternationalcriminallaw. Giventhefactthatratificationofthe Statute has been proceeding apace, and that it is expected to come into force in 2002, much more activity in this sphere can be expected in the next few years. We may then see the emergence of layers or parallel systems of criminal enforcement of humanitarian law: by ad hoc international courts, the ICC and by states.

Worldwide, the urge is being felt to pave the way towards the introduction of an electronic government. Many countries recognise the potential of digital aids in providing information and services to citizens, organisations and companies. Recent developments have put pressure on the legislature to provide an adequate legal framework for electronic administrative communication. Thus, various countries have started to draft provisions in their administrative law in order to remove legal impediments that hamper electronic services from public administrations. Written by specialists from different countries, E-Government and its Implications for Administrative Law provides an overview and analysis of such legislative developments in France, Germany, Norway and the United States. What approach has been taken in these countries? What specific provisions have been formulated to facilitate electronic administrative communication and at what level? What requirements are introduced to gain sufficient trust in electronic service delivery?In providing an in-depth analysis of the legislative projects in the various countries, this book gives a glance at the differences in policy making as well as the lessons that can be learned for future regulatory projects to amend administrative law for the digital era.

The 2000 Netherlands Yearbook of International Law contains expert articles on issues such as `General International Law in the European Court of Justice: From Hypothesis to Reality'; `Environmental Non-compliance Procedures and International Law'; and `The Legal Status of the 1989 Australia--Indonesia Timor Gap Treaty Following the End of Indonesian Rule in East Timor'. The documentation section surveys Dutch state practice for the parliamentary year 1998--1999; 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 2000 subscription to the Netherlands International Law Review.

With a Preface by Antonius I.M. van Mierlo, Professor of Law, Erasmus University Rotterdam  This is the first book in the English language covering the Netherlands insolvency law as a whole, with a focus on bankruptcy and the most important legal concepts pertaining to bankruptcy. It provides the reader with an understanding of the Netherlands Bankruptcy Act, the main source of insolvency law in the Netherlands, by laying out the primary law in a logical and comprehensive manner. Where necessary, guidance has been sought in the parliamentary notes and the interpretation of the law in landmark cases. Concepts covered include actio pauliana, set-off, corporate liability and wrongful act. Pledges and mortgages, being the most important security rights in the Netherlands, are also discussed, as is the EU Insolvency Regulation (2000) and its impact on the Netherlands insolvency practice. Summaries are included to highlight key points throughout, and the book is complemented by a further reading section, bibliography, and a table of cases. A practical book for use by internal and external legal counsel, Dutch and non-Dutch companies, students, academics and practitioners alike.

With a Foreword by Judge Keba Mbaye, President of the International Council for the Arbitration of Sport and the Court of Arbitration for Sport This is the first book to explore extra-judicial settlement of sports disputes through mediation. It reflects the growing interest in and importance of alternative dispute resolution methods for settling sports-related disputes, at national and international levels.As sport has developed in recent years into a global business,the number of disputes has risen exponentially and the need for alternative forms of dispute resolution has grown significantly too. Mediation can be used successfully in a wide range of sports disputes, including an increasing number of commercial and financial ones. But its effectiveness depends on the willingness of the parties in dispute to compromise and reach creative and amicable solutions in their own interests and also those of sport.This book adopts an essentially practical approach, but also provides an explanation of the theoretical background to the subject and contains a wide-ranging set of relevant and useful texts and documentation.Auseful tool for all those concerned with the effective and amicable resolution of sports disputes, including sports governing bodies and administrators, marketeers, event managers, sponsors, merchandisers, hospitality providers, sports advertising agencies, broadcasters, and legal advisers.

In this book the author focuses on the search for a global legal framework that covers activities affecting archaeological and/or historic valuable shipwrecks in waters beyond national jurisdiction. Three regimes are investigated as to their applicability: The Law of the Sea Convention 1982; the system of admiralty law as adapted to these particular circumstances and used by US courts; and the UNESCO Convention for the Protection of the Underwater Cultural Heritage. When analysing the relevant articles of the regimes, additional critical commentary is provided.  This volume provides policy-makers, commercial explorers, archaeologists, scholars and studentswith an overview of the relevant, existing public international law as well as questions that need to be solved in order to regulate activities affecting archaeological and/or historic valuable shipwrecks. In addition, it may serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage. Specific to this book: Examines the search for a balance between shipwrecks as cultural heritage and as an economic resourceCould serve as a guide for the interpretation of the UNESCO Convention for the Protection of the Underwater Cultural Heritage

Terrorism and the International Legal Order introduces the various aspects surrounding the efforts which have been undertaken to enhance cooperation and coordination in the war against terrorism. It deals with jurisdiction and extradition, with the ICC and the ICJ, with safe havens and cross-border aspects. Van Krieken brings together key documents on terrorism in the context of the international legal order, all preceded by succinct introductions. He pays ample attention to all the UN organs, the Security Council and ECOSOC in particular, and to the European Union and its efforts to harmonize legislation. As fear exists that the fight against terrorism will erode the human rights regime, Van Krieken puts human rights in the broader context of international law and the quest for peace and justice. But he also extensively addresses the issue of asylum seekers and migrants who may have been, are, or might become involved in terrorism-related acts.