|WTO Law on Export Restrictions on Trade in Goods|
Kelly Kuan Shang
This book examines a theoretical question which has been heavily debated due to its social relevance: is current WTO law sufficient to regulate export restrictions? This book systematically reviews the law of the World Trade Organization (WTO) concerning export restrictions, guided by the principles of treaty interpretation and the WTO case law. Possibly contrary to the predominant view, this book respectfully submits that current WTO law is sufficient in regulating export restrictions; it is also capable of balancing the general disciplines of export restrictions and the various non-trade values. A highlight of this book is its use of a range of case studies. These case studies deal with, inter alia, Hong Kong’s export ban of baby milk formula, the European Union’s economic sanctions against Russia, as well as New Zealand’s export quality requirement for wine, single export desk requirement for kiwifruits, and export ban of certain minerals with spiritual values. Analysis of these case studies revealed several underexplored types of export restrictions, and further demonstrated the possible relevance of a number of WTO provisions which have not yet been invoked before the WTO adjudicators. Kelly Kuan Shang is a PhD Researcher at Maastricht University. She received a JD from the University of Hong Kong (St John’s College). She is admitted to practice law in Australia and New Zealand. Her research interests are international trade law and public international law.
|The WTO Dispute Settlement System as a Legal Impediment to Iran’s Accession to the WTO|
While Iran already applied in 1996 for accession to the World Trade Organization, it is not a WTO Member yet. There are several factors which have contributed to the prolongation of Iran’s accession process. They are mostly not related to trade issues. Important among these non-trade related factors is a legal impediment that originates from a conflict between Iran’s Constitution and the WTO Dispute Settlement Understanding. It is this legal impediment, and how it can be overcome by using Iran’s domestic law mechanisms, which is the focus of this book. Siamak Amoozeidi has been a legal advisor to Iran’s constitutional institutions and European companies. He has conducted research on human rights, crime prevention, controlling illicit drugs, judicial independence and public international law in Iran and, since 2008, on international economic, trade and investment law in the Netherlands.
|The many Faces of Crime for Profit and Ways of Tackling it|
Petrus C. van Duyne,Jackie Harvey,Georgios A. Antonopoulos, Klaus von Lampe (eds.)
The national diversity of Europe is reflected in the diversity of its criminal landscape and history. From the north of Scotland to Ukraine one finds different focal points and patterns of crimes and criminal entrepreneurs. This does not necessarily lead to a corresponding reaction of the authorities. Some responses are the result of a gradually developed form of cross-border cooperation, as is the case between Poland and Germany, other authorities appear carried away with emotional decision making and an inflexible political correctness as is observed in the field of the sex service industry. In another country, in the adjacent field of child trafficking, we find the converse: no response as victims are not labelled as such. And no victim label, no criminal law policy. Where the interactions between the upper- and underworld come into sight, this volume presents the reader with a select picture gallery of criminal faces: from corrupt football to remarkable criminal finances in Ukraine, to fraud and criminal abuse in the informal or quack health sector. Naturally, each face has its own pretences in order to hide its criminal background, be it large scale cannabis growing in the Netherlands or organised cybercrime from Romania to all countries in Europe. Indeed, the criminal portrait series in this Cross-border Crime Volume shows that criminal Europe does not lead to a boring uniformity, despite the fear of globalism. This sixteenth volume of the Cross-border Crime Colloquium contains the seventeen peer-reviewed contributions of 26 authors presented in 2016 at the Cross-border Crime Colloquium held at Northumbria University, Newcastle. The authors represent upcoming experts and established researchers in the field of (organised) crime for profit and related policies. The contributions are based on empirical research and independent analysis and provide new data and insights on which to build new theories and future research.
|Religious and Ideological Rights in Education|
Pablo Meix Cereceda & Jan de Groof (eds.)
This book seeks to provide a panorama of the issues arising from pluralism in the education system and of judicial responses to them around the globe. In it, thirty-four authors representing many different legal cultures have selected and commented the most significant judicial decisions in each of the jurisdictions analysed. The topics addressed include religious and cultural symbols; faith-based, religious, and citizenship education; freedom of teaching and scientific freedom; homeschooling; authorization, funding and other matters concerning denominational and private schools, among other legal disputes. The reader will easily sense many different ideological orientations throughout the book’s thirty-seven chapters, which is only the result of pluralism itself and of scientific freedom. Nevertheless, the editors believe that all of the authors have inherently favoured the desire to understand the challenges of pluralism and to convey knowledge that is relevant for a public debate rather than defending their own particular point of view. Indeed, facilitating debate might be considered to be the best achievement of a publication of this kind. The book is divided into six parts. The introductory part features a chapter by the editors concerning the implementation and justiciability of the right to education, and a second chapter by Prof. Charles L. Glenn providing an in-depth historical essay on the importance of debates over religion and education. The five remaining parts reflect a geographical division: Part II includes two chapters on international human rights bodies (the European Court of Human Rights and the United Nations Human Rights Committee); parts III to VI group national courts’ decisions by region: Europe, the Americas, Africa, and lastly Asia and Australia.
|Direct International Human Rights Obligations of non-State Actors|
In this book, addressing the reality that non-state actors do violate human rights in practice, which cannot be overlooked, Prof. Nicolás Carrillo-Santarelli argues that the foundations and main principles of international human rights law call for the regulation of direct nonstate obligations and responsibilities, given the potential failure of domestic actions and the limits of voluntary strategies. In part I, the author presents his ideas on why non-state abuses should be regarded as human rights violations and wrongful acts. In this sense, Chapter 1 explores why the protection of human dignity, being non-conditional, cannot depend on the presence of a State abuser. Chapter 2 explores the idea that every conduct contrary to human rights has legal relevance and requires a correlative appropriate legal response. Chapter 3 reinforces the previous ideas in light of the peremptory principle of non-discrimination; with Chapter 4 providing suggestions on when direct international action should take place. Part II, afterwards, studies why direct protection from non-state violations is possible and what legal mechanisms and institutions permit to make it effective. In Chapter 5, the author argues that the notion of international legal personality is not an obstacle since regarding addressees as subjects highlights the possibility of there being direct non-state international duties, which would not weaken existing human rights protections. Chapter 6 presents the argument that there are already implied human rights obligations of non-state actors, and that complementary obligations should be created. Chapter 7 explores the idea that non-state responsibility can coexist with that of other participants in violations, and that non-state responsibility is often a precondition of full reparations. The fi nal Chapter turns to the examination of the mechanisms that can be used to respond to or prevent non-state violations of human rights law. The book is based on the idea that the protagonists of human rights law are individuals, who deserve protection from all abusers, be them States, armed groups, international organizations, or other actors. Nicolás Carrillo-Santarelli has a PhD in International Law and International Relations from the Autónoma de Madrid University and is currently Associate Professor of International Law at La Sabana University, Colombia.
Polar Law represents a new frontier of comparative law. In particular, Polar Law deals with ancient questions, such as the legal status of Arctic indigenous peoples, particularly with regard to Inuit/Eskimo and Saami/Lapps, in the general context of protecting and promoting minority rights, as well as issues more recently come to the attention of scholars, as with the impact of climate change on the Arctic and Subarctic environment, protection of bio-cultural diversity in the polar regions, the exploitation of vast natural resources, including primarily oil, of the North Pole, the compatibility of scientific research and conservation of natural areas of the South Pole with the increase of tourism activities. The book examines, in an interdisciplinary perspective and with special regard to the issues of comparative public law, the actual problems of the polar areas, geographically at the edge of the world but politically and legally in his heart. Mauro Mazza is Associate Professor of Comparative Public Law at the Department of Law of the University of Bergamo (Italy). The researches for the preparation of this book were conducted in university departments, institutes and research centers of Denmark (Copenhagen and Aarhus), Norway (Oslo and Tromsø), Sweden (Stockholm and Uppsala), Finland (Helsinki).
|Humanitarian Intervention as an Exception to the Prohibition on the Use of Force|
The core objective of the United Nations is to strive towards peace and security in international community. Recent flows of refugees to Europe have led to wonder how the international community could help both people facing abuses of their fundamental rights, and also European countries to which they are immigrating. However, since 1945, the use of force has been prohibited with no mention of interventions for humanitarian purposes. The question remains, when unauthorised humanitarian intervention as a last resort measure can be justified in a world of jus cogens prohibition of the use of force. In public international law, new rules of customary law emerge through sufficient State practice and opinio juris, therefore it might turn out that humanitarian interventions will be justified under customary international law. Always when concerned with the protection of human rights, specific criteria shall be drawn in order to prevent abuses. The present book is a master thesis, which is going to answer the question of justifiability of the use of force for humanitarian purposes without the United Nations Security Council approval, drawn from Iraq and Kosovo cases, and evolving customary international law. “If humanitarian intervention is indeed an unacceptable assault on sovereignty, how should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of human rights that offend every precept of our common humanity?” (Kofi Annan, Millennium Report of Secretary-General of the United Nations, 2000)
|De burger als ongelovige Thomas|
Dit is een proefschrift over overtuigingskunst, recht en democratie. Het recht is een cultuur van overtuigen. Van advocaten richting rechter, eigen partijen en de media. Van de rechter richting partijen, advocaten, de hogere colleges, het publiek en de media. Ook bestuurders, ambtenaren, wethouders en ministers claimen geloofwaardigheid. Dit proefschrift belicht het begrip geloofwaardigheid vanuit de optiek van de burger. Welke taal moet hij willen verstaan? Wat zijn de factoren voor geloofwaardigheid en legitimiteit van het recht? In deze tijd van participatie en democratische initiatieven als de G1000 herbezinnen we ons op het vertrouwen in de juridische en rechtsstatelijke waarborgen en instituties. Dan komt het er extra op aan dat we nadenken over geloofwaardigheid en legitimiteit. Wat is het verschil tussen Trump en Obama? Het boek is de neerslag van een dialoog tussen literatuur en recht over deze vraag. Literaire teksten belichten de achtergronden van het recht. Het boek behandelt het thema van geloofwaardigheid aan de hand van de Bijbelpassage over ongelovige Thomas en zes latere teksten. Thomas was de apostel die pas geloofde in de opstanding van Jezus, nadat hij de kruiswonden had gezien. Ieder tijdperk leest echter zijn eigen boodschap in dit verhaal. Dit proefschrift bespreekt de avonturen van Thomas aan de hand van zes teksten uit de literatuurgeschiedenis. Aan de orde komen teksten van een 17e eeuwse jansenist Arnauld, van de 19e eeuwse Victor Hugo en van de 20e eeuwse Jean Cocteau, Maurice Blanchot, Julien Gracq en Michel Tournier. Thomas’ thematiek verandert van geloof naar rede, naar recht, naar waarheid, werkelijkheid, geschiedenis en liefde. Dit proefschrift toont de vitaliteit van een traditie. Dit proefschrift geeft grotendeels onbekende teksten van bekende Franse auteurs een nieuw leven. Het wijst op de rol van erkenning voor geloofwaardigheid en legitimiteit, gaat in op verwante begrippen van wederkerigheid, oordeelsvermogen en reflexiviteit. De essays over de verschillende teksten verbinden geloofwaardigheid met thema’s als rationaliteit, gelijkwaardigheid, authenticiteit, nostalgie, mythe en identiteit. Het toont dat ook teksten zonder duidelijk juridisch thema relevantie hebben voor het denken over recht, bestuur en politiek.
|Corruption and Human Rights|
André T. D. Figueiredo
Some scholars and even human rights monitoring bodies have started to make the connection between corruption and human rights violations. When asked about this connection, most people easily picture a country ruled by a dictator who steals public money to support his luxury life while the population suffers from the lack of essential public services, such as healthcare and education. The connection in itself is appealing. Nonetheless, sometimes this connection is made without the proper concern for fully developing the argument and its consequences. The purpose of this study is to go beyond this appealing link and to clarify the argument that making an explicit link with human rights has indeed added value. Framing corruption as a human rights violation cannot be an end in itself, a pure exercise of relabeling the problem. This study aims to give a practical significance to the connection by addressing, in a non-exhaustive way, the practical value of framing corruption as a human rights violation and the possibilities in which international human rights law can be used to strengthen the fight against corruption. By doing so, this book also presents how UN human rights bodies are referring to corruption, and how they could contribute more to fighting this global problem. This book is an adapted version of the author's LL.M. thesis presented at Radboud University in June 2016,where he graduated cum laude after being the recipient of a scholarship.