This report provides a summary of a symposium on independent advice on public international law, organized by the Dutch Advisory Committee on Public International Law (CAVV) on the 19th of January... Show moreThis report provides a summary of a symposium on independent advice on public international law, organized by the Dutch Advisory Committee on Public International Law (CAVV) on the 19th of January 2023 in The Hague. The speakers highlighted the internationally unique character of the CAVV, which is a formal body, established by law, advising the Dutch Government (Cabinet and Parliament) onquestions of international law. The CAVV reflects the Dutch traditional culture of broad societal involvement and of compromise. It serves various audiences, such as the Dutch Cabinet and Parliament, the International Law Commission, legal academics, legal practitioners, and the wider public. The CAVV can be said to have an influence on both national and international debates regarding international law. This is illustrated on the basis of a discussion of the CAVV’s advisory reports on the protection of the atmosphere, the use of the term ‘genocide’ by politicians, and the provision and funding of non-lethal assistance to non-state armed groups. Show less
Recent developments at the international level reveal that there is an increasing number of political resistances against international courts and tribunals as part of wide criticism of the basic... Show moreRecent developments at the international level reveal that there is an increasing number of political resistances against international courts and tribunals as part of wide criticism of the basic principles of international law such as the rule of law, global governance, multilateralism and democratic liberalism. In this respect, the future and impact of the judicialisation of international law, which refers to the uneven increase in the jurisdiction and judicial activity of international courts, are questioned. Similarly, whether dejudicialisation which expresses the removal of the international courts’ power as a reverse movement, constitutes a new trend and will continue increasingly in the future has become relevant. There are certain assertions to defend the existence of international courts and the continuation of judicialisation –albeit at a slower pace– in the future despite the increasing incidence of dejudicialisation. Examples of extraordinary resistance which can trigger the dejudicialisation process are still exceptional and cannot completely eliminate judicialisation in current conditions. This argument has been reached by examining three recent backlash examples, including the withdrawals from the International Criminal Court (ICC), the paralysis of the World Trade Organization (WTO) Appellate Body, and the limitation of the jurisdiction of the South African Development Community Tribunal(SADC) Tribunal. Clearly, the displacement of international courts, which have become inseparable actors of international law, cannot be achieved by a few examples of extraordinary resistance, both in the present and in the near future. Show less
Since the 1990s, the UN Security Council has been at the center of the institutionalization of international criminal justice in the UN system. This article discusses the lesser well-known role and... Show moreSince the 1990s, the UN Security Council has been at the center of the institutionalization of international criminal justice in the UN system. This article discusses the lesser well-known role and creative possibilities of the UN General Assembly. It shows that the Assembly has played a crucial role in shaping key normative foundations of the field, by affirming the Nuremberg Principles in 1946, approving the 1950 Genocide Convention, adopting the definition of the aggression under Resolution 3314 (1974) or shaping the creation of the Extraordinary Chambers in the Courts of Cambodia. With the creation of the International, Impartial and Independent Mechanism for Syria, the General Assembly has established a quasi-prosecutorial body in a case, where the accountability was blocked due to the veto power of the Security Council. In March 2022, the Assembly invoked its powers under the “Uniting for Peace” resolution in 1950 to support its resolution on aggression against Ukraine (Res. ES11/1). This contribution discusses two important elements of the GA’s ability to use its authority under “Uniting for Peace” to unite for justice, namely its power to create a criminal tribunal and its authority to make a referral to the International Criminal Court. It examines different layers of debate: issues of legality, including the relevance of “Uniting for Peace” as institutional precedent, questions of effectiveness, as well as consideration of political feasibility. It argues that there is space to make greater creative use of the powers of the Assembly in relation to accountability. It identifies three models, in which the General Assembly may become involved in the creation of a criminal tribunal (treaty approval, establishment of a criminal tribunal with consent of the territorial state, and creation of a tribunal without such consent). It claims that the General Assembly may use its powers under UN law to make a referral to the ICC, but shows that such an option requires amendment of the ICC Statute and may cause problems in relation to jurisdiction over non state parties and, in particular, criminal jurisdiction over the crime of aggression. It cautions at the same time against romanticizing the role of the Assembly in relation to accountability. It shows that “Uniting for Peace” may also promote adverse effects, namely “Uniting for Impunity.” Show less
Artikel over de interbestuurlijke verhoudingen tussen de gemeente en provincie onder Wet ruimtelijke ordening. Ook een vooruitblik op de interbestuurlijke verhoudingen onder de Omgevingswet. In dit... Show moreArtikel over de interbestuurlijke verhoudingen tussen de gemeente en provincie onder Wet ruimtelijke ordening. Ook een vooruitblik op de interbestuurlijke verhoudingen onder de Omgevingswet. In dit artikel een terugblik op de verhouding tussen de gemeente en de provincie onder de Wet ruimtelijke ordening, waarin de sturingsfilosofie "decentraal, tenzij" centraal stond. Tevens een vooruitblik op de Omgevingswet, waarin het subsidiariteitsvereiste en het beginsel van de minst belastende interventie is opgenomen. Show less
The traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that... Show moreThe traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that prioritises the development of competitive labour markets through increased flexibility in work. This shift has resulted in increasing levels of ‘precarious’ work: forms on non-standard employment that places the individual in a situation where they have little security in work or power over their working situation. Examples of precarious employment include platform work, zero-hour and on-demand contracts, the repeated use of temporary/short-term contracts, and bogus/false self-employment.The European Precariat asks what level of protection is available to EU migrant workers engaged in precarious employment, who must navigate complex national migration and social security rules linked to their employment status. The thesis assesses how economic and political changes affect the constitutional and political limitations of European integration; how the legal framework applicable to precarious workers risks creating gaps in the law and excluding them from certain protections; and finally suggests how EU migrant workers engaged in precarious work can be better protected under EU law while adhering to the economic, political, and constitutional limitations of the legal system. Show less
Naar het oordeel van de Afdeling blijkt voldoende dat sprake is van een onjuiste inschrijving in de basisregistratie personen als bedoeld in artikel 3, tweede lid, aanhef en onder c, van de... Show moreNaar het oordeel van de Afdeling blijkt voldoende dat sprake is van een onjuiste inschrijving in de basisregistratie personen als bedoeld in artikel 3, tweede lid, aanhef en onder c, van de Uitvoeringsregeling. Show less
Annotatie over de toepassing van het relativiteitsvereiste en de inroepbaarheid van procedurele normen over inspraak bij besluiten die vallen onder het Verdrag van Aarhus.
In the comprehensive European Union-level air services agreements with Qatar, Ukraine and ASEAN, lawyers and policymakers can find social clauses addressing labour and employment in the aviation... Show moreIn the comprehensive European Union-level air services agreements with Qatar, Ukraine and ASEAN, lawyers and policymakers can find social clauses addressing labour and employment in the aviation sector. While ambiguity remains as to interpretation and regulation of these types of social clauses in air service agreements, relevant State practices can help supplement international labour standards and may result in less regulatory discrepancies between the European Union Member States and other jurisdictions. Show less
