The question of human rights and energy has been traditionally framed as an analysis of limitations on energy transactions arising from substantive and procedural human rights. Whereas the negative... Show moreThe question of human rights and energy has been traditionally framed as an analysis of limitations on energy transactions arising from substantive and procedural human rights. Whereas the negative externality framing of human rights sets safeguards against the adverse effects of energy transactions and thereby restrains how such transactions are conducted, it overlooks a more fundamental dimension, the conferral of entitlements. Indeed, human rights define entitlements over energy resources, setting competing claims that limit not only how energy transactions are conducted but also the very power to conduct them in the first place. The entitlement dimension of human rights also unveils a wider question, namely the competing claims of a variety of collective subjects against the entitlement of the territorial or coastal States. In other words, such reframing opposes two logics of international law, each based on a different conception of the source from which entitlements flow. This article investigates the externality-avoidance and entitlement function of human rights in the context of international energy transactions. It reviews the most relevant judicial and quasi-judicial practice at the international level to illustrate the implications of framing the function of human rights from one or the other perspective. Show less
According to international courts and tribunals, there exists in law only a “single continental shelf,” rather than an “inner” and an “outer” continental shelf. What originally started as a simple... Show moreAccording to international courts and tribunals, there exists in law only a “single continental shelf,” rather than an “inner” and an “outer” continental shelf. What originally started as a simple phrase to justify the jurisdiction of the court or tribunal eventually ended up as a justification for using the traditional delimitation methodology for delimitation of the continental shelf beyond 200 NM. This article challenges the notion of a “single continental shelf” on various bases, namely, with respect to bases of entitlement, delineation formulas, the nature of coastal state rights, and the inapplicability of the equidistance line beyond 200 NM. Show less
In 1978, UNESCO Secretary General Amadou-Mahtar M’Bow compared cultural colonial objects to ‘witnesses to history’. Their treatment is one of the most debated questions of our time. Calls for a... Show moreIn 1978, UNESCO Secretary General Amadou-Mahtar M’Bow compared cultural colonial objects to ‘witnesses to history’. Their treatment is one of the most debated questions of our time. Calls for a novel international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. This book seeks to go beyond these classic dichotomies. It argues that contemporary practices are at a tipping point. It shows that cultural takings were material to the colonial project throughout different periods (early takings, birth of modern nation state, nineteenth-century scramble for objects) and went far beyond looting. It relies on micro histories and object biographies to trace recurring justifications and contestations of takings and returns, and the complicity of anthropology, racial science, and professional networks in colonial collecting. It demonstrates the dual role of law and cultural heritage regulation in enabling colonial injustices, and mobilizing resistance thereto. It challenges the argument that takings were acceptable according to the standards of the time. Drawing on the interplay between justice, ethics, and human rights, it develops a theory of entanglement to rethink contemporary approaches. It shows that future engagement requires a reinvention of knowledge systems and relations towards objects, including new forms of consent, provenance research, partnership and a rethinking of the role of museums themselves. It proposes principles of relational cultural justice to confront ongoing historic, legal, and economic entanglements and enable normative transformation. Show less
Termijn van zes weken voor schaarse vergunning kan voldoende zijn voor het indienen van een complete aanvraag, mits potentiële gegadigden zich kunnen voorbereiden.
Heijden, P.F. van der; Thiel, D.P.L. van; Erkens, M.Y.H.G. 2023
This chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily... Show moreThis chapter explores the lawful contours of a growing phenomenon – the administration of criminal justice by non-state armed groups in territories under their control. It highlights a steadily mounting body of international practice recognizing the lawfulness of the ‘de facto’ processes as dependent on how – rather than by whom – justice is administered and considers the conditions that international law places on such justice. These include the core standards of independence and impartiality, fair trial guarantees, respect for the principle of legality and the nature of the crimes, which pose myriad challenges in practice in the context of de facto justice. Among others, the chapter flags the particular implications of increased resort by non-state actors (like states) to broad terrorism-related crimes as a basis for prosecution. Finally, as meeting the standards required of de facto justice will generally depend on external support, the chapter questions whether under international law states can – or in certain circumstances should – cooperate with or recognize such processes consistently with international law. In an area of dynamic legal and practical development, the chapter reveals a landscape that is evolving to meet the realities of the changing nature of non-state actors’ exercise of power and control, but where tensions, uncertainties and paradoxes remain. Show less
Legal opinion in Case T-600/21 WS and Others v Frontex before the Court of Justice of the European Union, commissioned by the applicants' legal counsel.
