This dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising... Show moreThis dissertation explores the impact of international cultural heritage law on individuals and local communities, particularly through the lens of cultural heritage law's use of universalising language such as the ‘cultural heritage of mankind’. It argues that this rhetoric empowers states to prioritise purportedly common interests over local ones, potentially erasing living heritage value in the process. The dissertation places cultural heritage law in the context of broader international legal trends, in particular the tension between the pursuit of common interests through international law and the enduring influence of state sovereignty as a structuring principle of that law. It argues that contemporary cultural heritage law often fails to effectively limit state powers or protect the interests of individuals and local communities. It thus calls for stronger guarantees of participation within cultural heritage law, drawing upon legal standards developed within environmental law and human rights law. The dissertation suggests a rethinking the concept of ‘universal interest’ in heritage law to qualify the operation of state sovereignty and to better accommodate the interests of individuals and local communities, emphasizing their role as central actors and the need to bridge the gap between local and global interests in cultural heritage protection. Show less
This research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing... Show moreThis research analyses to what extent China is achieving decent work based on a case study of decent working time. The word ‘achieving’ underlines that China is still in the process of securing this aim. This research builds on a mixed methodology of case study, historical analysis, content analysis, structured critical analysis, and comparative law. The findings show that the development goal of decent work has not been achieved in China, but there are some significant developments. Particularly, many labour standards with regard to workers’ health and safety have markedly been intensified and increased, as have the making and enforcement of Chinese labour laws, which both are signals that China has created an environment receptive to further reform and development on its path to achieving decent work. Show less
This thesis examines the normative dimensions of the acts that constitute international crimes. It offers a conceptualisation of the normative dimensions of these acts as processes of construction... Show moreThis thesis examines the normative dimensions of the acts that constitute international crimes. It offers a conceptualisation of the normative dimensions of these acts as processes of construction and meaning making. Using the crimes of attacks on cultural property, pillage, sexual violence and reproductive violence as case studies for analysis, the thesis develops an interdisciplinary methodological approach which centralises the narratives and discourses that emerge around particular crimes as central to how they are given normative content in practice. This analysis reveals a diverse, flexible and dynamic normative picture of these crimes, which demonstrates how their normative meanings are not natural or given, but are instead produced through an ongoing process of meaning making that takes place throughout the legal process in a continuum of cases. Understanding the normative dimensions of the acts that constitute international crimes in these terms not only exposes a diversity of interests that transcends their dominant characterisations as violations of basic security rights, but also uncovers the processes through which their normative foundations are constructed and transformed internally through practice. This thesis ultimately offers a dynamic, pluralist and socially constructed account of wrong in international criminal law, which recognises the relationship between criminal wrong and transformations in the wider social and political order, and contributes to developing a more granular understanding of the nature of the representational work that international criminal justice does in the world. Show less
Dit promotieonderzoek gaat over de vraag of het recht op vrije artsenkeuze grondwettelijk is beschermd en in het bijzonder voortvloeit uit artikel 8 lid 1 EVRM. Tevens wordt onderzocht wat dit... Show moreDit promotieonderzoek gaat over de vraag of het recht op vrije artsenkeuze grondwettelijk is beschermd en in het bijzonder voortvloeit uit artikel 8 lid 1 EVRM. Tevens wordt onderzocht wat dit betekent voor het Nederlandse zorgstelsel, waaronder de Zorgverzekeringswet, Wet langdurige zorg, Jeugdwet en Wet maatschappelijke ondersteuning 2015. Show less
During armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis... Show moreDuring armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis explores the legal regulation of NSAGs’ detention activities in non-international armed conflicts (NIACs) from a functional perspective. It does so by concentrating on NSAGs’ practices in this field, presenting and testing the hypothesis that international humanitarian law (IHL) and, on certain occasions, international human rights law (IHRL) oblige these actors not to arbitrarily deprive individuals of their liberty. Furthermore, it argues that NSAGs must have a legal basis in order to undertake these activities. By relying on a “legal pluralistic” approach of international law, that basis is to be found in those “laws” and regulations established by the groups themselves. Other options are also possible, such as the adaption of the State’s domestic law or an agreement concluded with a third party. This proposal is grounded on the “functions” required by the aforementioned legal regimes to be respected, in particular for the parties (be they States or NSAGs) to adopt certain law-making or law-adapting functions with the goal of complying with some of the provisions contained therein. Show less
International prosecutors are the gatekeepers to international criminal justice. They have the sole authority to prosecute people for the most serious crimes at international courts: genocide, war... Show moreInternational prosecutors are the gatekeepers to international criminal justice. They have the sole authority to prosecute people for the most serious crimes at international courts: genocide, war crimes, and crimes against humanity. Every day, they need to decide which situations to investigate; which crimes to charge; which witnesses to call; whether to negotiate pleas; and whether to appeal. Prosecutors make theses choices, and countless others, by exercising discretion. Discretion, this research argues, is the act of reaching a reasoned decision about the appropriate course of action to pursue. Discretion translates law from an abstract set of ideas and notions into practical action. How prosecutors exercise discretion shapes what international criminal justice is, how it develops, and what it does. What have international prosecutors considered when exercising discretion, and why?This research draws upon first-hand interviews with current and former senior prosecutors at the highest levels of international courts to explore the motivations and assumptions that drive the practice of prosecuting in international criminal justice. It argues that prosecutorial discretion is informed by the different role identities that prosecutors adopt towards the institutions, people, and concepts they encounter in their work. Specifically, it claims that prosecutors have been influenced by their roles as norm performers, builders, and guardians. This research concludes that adopting a relational understanding of the prosecutorial role, in which prosecutors are understood to have different roles within different relationships, allows a nuanced understanding of what international prosecutors do and explains why decisions are made. Show less
The Eurocrisis forcefully exposed the Euro’s structural deficiencies, which are back in the limelight due to COVID-19. It is widely acknowledged that EU fiscal integration is required to adequately... Show moreThe Eurocrisis forcefully exposed the Euro’s structural deficiencies, which are back in the limelight due to COVID-19. It is widely acknowledged that EU fiscal integration is required to adequately remedy the remaining deficiencies. However, national constitutional authorities limit the scope for EU fiscal integration based on national sovereignty, democracy and parliamentary prerogatives. The result is a fundamental dilemma: effective EU fiscal integration appears necessary to stabilize the Euro and legally impossible due to national constitutional limits.Confronted with this dilemma, this thesis determines the national constitutional space available for EU fiscal integration. Part I includes a comparative assessment of national constitutional limits to determine how constitutional systems react or could react to EU fiscal integration. Part II tests current EMU reform proposals against the charted national constitutional to evaluate their attainability. Overall, the thesis demonstrates that even rigid national constitutional limits can accommodate EU fiscal integration. To rebut the outlined dilemma the thesis proposes: First, to comprehensively include EU fiscal integration benefits into the national constitutional appraisal thereby replacing the prevailing competence-centric interpretation of national sovereignty and democracy. And second, to design EU fiscal integration in light of national constitutional concerns. Both propositions facilitate the attainment of EU fiscal integration by equally respecting national constitutional concerns. Show less
This thesis investigates the extent to which international law provides a normative framework for the management of the Spratly Islands area in the absence of agreed maritime delimitation, with the... Show moreThis thesis investigates the extent to which international law provides a normative framework for the management of the Spratly Islands area in the absence of agreed maritime delimitation, with the aim of maintaining peaceful coexistence of the disputant States and promoting international cooperation. In addition to the introductory and concluding chapters, this thesis consists of two parts: Part I (Coexistence) and Part II (Cooperation). Part I, comprising chapters 2-4, seeks to set out a predictable territorial order and a permissible scope for unilateral behaviours to ensure peaceful coexistence of the disputant States. Part II, including chapters 5-7, outlines international legal frameworks for inter-State cooperation in resource and pollution management concerning the Spratly Islands area. This thesis concludes that the functions of international law in managing this region can be achieved through the interaction between its substantive and procedural elements, despite its limitations resulting from the classic ‘territoriality’ model of jurisdiction. This thesis will hopefully provide a balanced perspective on the roles of international law and advocate a blueprint of cooperation that can be undertaken at a relatively low level of efforts or changes by making use of the existing international instruments or available cooperative mechanisms as much as possible. Show less
With the issuing of guidance documents the European Commission assists the Member States in the implementation of Union law. This thesis seeks to unravel the process of governance through guidance... Show moreWith the issuing of guidance documents the European Commission assists the Member States in the implementation of Union law. This thesis seeks to unravel the process of governance through guidance by tracing its role and legal implications in the Dutch legal order.The first part explores the use of guidance documents by Dutch authorities and courts. Along the lines of five types of guidance and four perspectives on their binding force, different roles of guidance are discerned. National courts act as counterbalancing or facilitating actors by reinforcing or downplaying the role of guidance documents in implementation processes.The second part assesses the implications in the light of legal principles. To this end, it formulates four ‘promises’, or ideal effects, that outline how the use of guidance documents could contribute to a predictable, consistent and transparent implementation process, whilst respecting the rule of EU hard law. The analysis finds that, in practice, these ‘promises of guidance’ are not always fulfilled: a gap between promise and practice exists.The findings thus show how the issuing and use of guidance risks to challenge the rule of law that is so fundamental to the EU legal order. This thesis therefore invites to rethink governance through guidance. Show less
Since the Lisbon Strategy in 2000 introduced the Open Method of Coordination (OMC) as a general EU integration instrument, it became an important instrument in the field of social policy. Being... Show moreSince the Lisbon Strategy in 2000 introduced the Open Method of Coordination (OMC) as a general EU integration instrument, it became an important instrument in the field of social policy. Being labelled as soft law, this development raises questions about its meaning for the development of a social Europe. Questions that are addressed in this thesis include: What is its position in the legal order of EU integration instruments? What does it mean that the OMC is soft law? Which legal integration dynamics are involved with the OMC? How does the OMC interact with the other integration instruments involved with EU social policy? By the use of several analytical frameworks, the introduction of a new coding method and an analysis based on the theory of hybrid structures, these questions have been examined in this thesis. The overall conclusion is that based on a legal perspective, the OMC has the potential to make a mea ningful contribution to the further development of a social Europe. Show less
