In essence, airport slots are planning tools for the rationing of capacity at airports where available capacity falls short of air travel demand. Since the availability of slots is directly... Show moreIn essence, airport slots are planning tools for the rationing of capacity at airports where available capacity falls short of air travel demand. Since the availability of slots is directly connected to the capacity of an airport at a particular date and time, a slot is by definition a scarce resource. The extent of. Slot scarcity depends on the congestion level of an airport. Excess demand for slots has substantial implications for airlines, coordinators and airports alike, as well as for society as a whole. This dissertation is designed to explore the compatibility of the global and specific legal regimes governing airport slot coordination with the particular socio-economic challenges that international organizations, governments and air transport industry stakeholders are experiencing today. A multitude of socio-economic objectives are identified, including but not limited to the environment in terms of noise and carbon reduction policies, growing airport access issues and general debates on airport functions to society. The number of so-called 'super-congested' airports in terms of the full slot capacity being historically 'occupied' by incumbent carriers are on the rise and are carefully studied from a policy and legal point of view. Show less
In large-scale infrastructure projects, the Dutch government allows its citizens to suffer some damage and nuisance ('facilitated damage'). The government then aims to settle claims and compensate... Show moreIn large-scale infrastructure projects, the Dutch government allows its citizens to suffer some damage and nuisance ('facilitated damage'). The government then aims to settle claims and compensate that damage; it also tries to restore the trust relationship between victimized citizens and the government. How can government arrive at a trust-building compensation policy if it has facilitated damage for a group of citizens in a large-scale infrastructural project, for the sake of the public interest? In this research, an interdisciplinary theoretical framework of trust-building compensation policy is designed based on legal, public administrative and political science insights. Subsequently, on the basis of three extensive case studies – the construction of the North/South metro line in Amsterdam, the expansion of Schiphol Airport, and the consequences of gas extraction in Groningen – the study analyzes to what extent these theoretical insights have an effect in practice: did they help to build or recover trust in government? The aim of the study is to provide practical and concrete guidelines for lawyers and policymakers involved in compensation policy, so that they know how not to damage trust in the government in the future. Show less
In order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a... Show moreIn order to answer the research question, the dissertation is divided into four parts. Part I examines the ratio legis of the 1999 Montreal Convention to determine to what extent uniformity is a principal aim of the convention that must be pursued in its application. Part II analyses the factors which already existed at the time of the signing and prevented its uniform application. Part III scrutinizes the fragmentation factors that only appeared during the lifespan of the convention. Part IV makes different suggestions to improve the uniform application of the convention and to reduce its fragmentation. The author concludes the research with a list of not less than 10 recommendations to protect the aim of uniformity of the international air carrier liability regime established by the convention. Show less
There has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a... Show moreThere has never been a more pertinent time to discuss the accountability and the legal responsibility of Frontex, the European Border and Coast Guard Agency, for fundamental rights violations. In a period that hosts the first legal actions vis-à-vis the agency and a series of relevant non-judicial investigations, including by the European Parliament, this dissertation aims to address the main problem underlying these accountability efforts, namely the ‘problem of many hands’. As conceptualised by Dennis Thompson, this problem is where the multiplicity of the actors involved obscures the various responsibilities and creates gaps in accountability.To address it, this work contests the dominant ways of looking at the concepts of responsibility and accountability, and reimagines them for their optimal function.It adopts a holistic approach, taking into account not only judicial, but also other forms of accountability, studying not only EU liability law, but also other legal remedies before the CJEU, the ECtHR, and domestic courts, building bridges between international and EU law, and traveling from the empirical to the conceptual, to the normative, and from there to the applied.It creates the foundations for the accountability of the agency inside and outside courts, within the EU borders and beyond. Show less
Cultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive... Show moreCultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive legal framework that ensures this protection.Yet, when it comes to claims by former owners to items such as Nazi looted art, colonial booty, or more recently looted antiquities, the situation is less straightforward. On the one hand, such claims are often not supported by positive law at all. On the other hand, non-binding regulations urge present possessors to find `just' solutions to claims – not as a legal obligation but as a matter of morality. This raises a fundamental question: if we believe that the application of the law leads to injustice, is it not time to change the law or the way it is applied?This study explores how cross-border claims to cultural objects fit in the wider legal framework, and where blind spots or clashes occur. Its aim is to identify new directions that can help further develop this field, with the ultimate aim of fostering just solutions. Show less
With advancements in assisted reproductive technologies (ART), more and more individuals across the globe want access to these medical miracles, not only to realise their desire for offspring but... Show moreWith advancements in assisted reproductive technologies (ART), more and more individuals across the globe want access to these medical miracles, not only to realise their desire for offspring but also to realise their desires for specific offspring and/or healthy offspring. South Africans are no exception. The challenge posed by this situation is that there is no specific right to reproduce with assistance in this country. Instead, there are certain general constitutional rights which may be interpreted as affording recognition to this right. Moreover, while the current legislative framework permits certain forms of ART, it expressly prohibits others, or it fails to make provision for newer and emerging technologies entirely. As a result, prospective parents are uncertain about the reproductive options available to them. Increasingly individuals are approaching the courts for clarity regarding their rights. The results have however been conflicting. Additionally, divergent views on the applicability of children's rights to prospective offspring is a complicating factor, which has yet to be resolved in South Africa (SA).This thesis, therefore, attempts to contribute to the existing knowledge on the legal rights of prospective parents to make use of ART in SA. It does so, by firstly exploring the current legal framework for assisted reproduction (AR). It additionally explores the legal implications of AR for the various parties concerned, in particular the prospective parents and the future child; and how their interests are balanced, if at all. What emerges from this investigation is that tension exists between the interests of these parties.The study further considers the existence of a right to reproduce from a global perspective. Given that there is no such express right, the thesis considers how the right has been given effect to by applying other rights. In this regard five primary rights have been identified, namely the rights to reproductive autonomy, reproductive health care, dignity, equality and privacy. The thesis then examines how the rights identified above have been interpreted to recognise reproductive rights and whether these interpretations would be useful in recognising the right to reproduce with assistance in SA.The thesis concludes that while the right to reproductive autonomy offers the most recognition to prospective parents’ rights to make use of certain forms of ART, it too is inadequate. To address this shortcoming, the study calls for legislative reform as well as wider interpretations of rights to accommodate various family forms. The need to adopt an interconnected approach that considers both the rights of the prospective parents and the potential offspring is also proposed. This however requires a consistent approach to be applied in respect of the interests of prospective offspring, which is currently lacking. These recommendations would go a long way towards realising the right to reproduce with assistance in SA and it would undoubtedly provide clarity on the existence of this right. Show less
Burgerraadplegingen door het Openbaar Ministerie, actievere voorlichting en uitspraken in ‘klare taal’: initiatieven gericht op verbetering van de relatie tussen de strafrechtspleging en het... Show moreBurgerraadplegingen door het Openbaar Ministerie, actievere voorlichting en uitspraken in ‘klare taal’: initiatieven gericht op verbetering van de relatie tussen de strafrechtspleging en het publiek zijn er te over. Dit is niet verwonderlijk, nu vaak wordt aangenomen dat deze relatie onder hoogspanning staat. Burgers vinden de straffen maar laag en rechters zijn te ver verwijderd van de burger, is de veelgehoorde gedachte.Dit onderzoek probeert antwoorden te geven op vragen die in dit verband rijzen. Waarop is de veronderstelling dat de relatie tussen het publiek en de strafrechtspleging zo problematisch is, eigenlijk gebaseerd? Waarop stoelt de gedachte dat de in de praktijk ontplooide initiatieven deze relatie zouden kunnen verbeteren? Wat kan er beter in de relatie tussen het strafrecht en het publiek? En wat verstaan we in dit verband precies onder ‘beter’?Om deze vragen te beantwoorden worden in dit onderzoek empirische en normatieve gezichtspunten gecombineerd. Het bevat een theoretische analyse van begrippen als ‘publieke opinie’ en ‘legitimiteit’ en een kritische bespreking van bestaand onderzoek. Daarnaast wordt aan de hand van twee deelstudies onderzocht hoe het Openbaar Ministerie in dialoog treedt met de publieke opinie. Het onderzoek resulteert in een concreet beoordelingskader voor op de publieke opinie gericht handelen van actoren in de strafrechtspleging en besluit met enkele aanbevelingen aan politiek, strafrechtspraktijk en wetenschap. 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 dissertation examines the practice and legal foundation of United Nations General Assembly activity of a quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning nature in... Show moreThis dissertation examines the practice and legal foundation of United Nations General Assembly activity of a quasi-legislative, quasi-judicial, recommendatory, empowering and sanctioning nature in the field of international justice. It evaluates the potential for theAssembly to adopt creative solutions to advance accountability crimes in the future, to not only unite for peace but also against impunity, particularly in the face of Security Council deadlock. Show less
As illustrated by the Global Financial Crisis and the more recent Covid-19 pandemic, when asset prices fall, margin levels increase and highly leveraged financial institutions are forced to... Show moreAs illustrated by the Global Financial Crisis and the more recent Covid-19 pandemic, when asset prices fall, margin levels increase and highly leveraged financial institutions are forced to deleverage, causing market participants to ‘run’ in advance of other market participants motivated to do exactly the same thing. As a result, a vicious cycle can emerge where lenders raise margin levels thereby demanding more financial collateral, forcing de-leveraging and more asset fire sales, eventually generating a downward leverage and liquidity spiral. The source of this instability is a recurring phenomenon involving the build-up of leverage that makes the economy particularly vulnerable to financial crises.My dissertation investigates the use of collateral transactions in the shadow banking sector. In particular, it will argue for the introduction of more stringent margin measures to tame financial uncertainty by limiting leverage and dampen procyclicality. One plausible way to restrict leverage is to impose minimum margin regulation, which would ex-ante limit the amount of leverage a financial institution can obtain. This dissertation will therefore propose four complementary measures that would ultimately result in a harmonised legal and regulatory margin framework in the EU shadow banking sector. Show less
De Belastingdienst dient gegevens geheim te houden (art. 67 AWR). Fiscale geheimhouding vindt haar oorsprong in de Wet VB 1892, maar blijft onverminderd actueel. De uitgangspunten van geheimhouding... Show moreDe Belastingdienst dient gegevens geheim te houden (art. 67 AWR). Fiscale geheimhouding vindt haar oorsprong in de Wet VB 1892, maar blijft onverminderd actueel. De uitgangspunten van geheimhouding staan echter al decennialang onder druk door toenemende (internationale) gegevensuitwisseling als gevolg van een soms ongebreidelde drang om misbruik of oneigenlijk gebruik van overheidsregelingen, fraude, belastingontduiking of belastingontwijking aan te pakken. In dit proefschrift wordt antwoord gegeven op de vraag of de huidige fiscale geheimhoudingsbepaling nog aan de oorspronkelijke doelstellingen voldoet of dat aanpassingen wenselijk of noodzakelijk zijn.Aan de hand van vijf relevante elementen (doelstellingen, onderworpen subjecten, object van geheimhouding, fiscale afbakening en de uitzonderingen & ontheffingen) is de fiscale geheimhoudingsverplichting uitputtend geanalyseerd. Hieruit volgt onder andere:• voor de fiscaliteit zou art. 2:5 Awb niet volstaan;• het opleggen van geheimhouding bij derdenonderzoeken door de inspecteur kan nu niet. Voorgesteld wordt een tijdelijke geheimhoudingsverplichting bij een zwaarwegend controle-strategisch belang;• voorgesteld wordt om aan alle afnemers van fiscale informatie (bestuursorganen en private partijen) geheimhouding op te leggen;• ook op niet-herleidbare gegevens rust een geheimhoudingsverplichting. Voorgesteld wordt dit aan te passen;• de vooringevulde aangifte (VIA) en de inkomensverklaring (IB60) ontberen een wettelijke grondslag. Voorgesteld wordt dit aan te passen;• uitzonderingen en ontheffingen vergen een continue belangenafweging. De Staatsecretaris van Financiën laat hier echter steken vallen;• informatieverstrekking aan betrokkenen zelf dient – ter verbetering van de rechtsbescherming – vergaand te worden verruimd;• bij een zich repeterende casus is geen sprake van een incidenteel of onvoorzien geval waarvoor een ontheffing door de Staatsecretaris van Financiën kan worden verleend. Show less
The text of the Constitution for the Kingdom of the Netherlands (de Grond- wet voor het Koninkrijk der Nederlanden) is sober, devoid of legal and political doctrine. Given the restrained character... Show moreThe text of the Constitution for the Kingdom of the Netherlands (de Grond- wet voor het Koninkrijk der Nederlanden) is sober, devoid of legal and political doctrine. Given the restrained character of its text, the Dutch constitution has always left relations within and between political institutions on the national level such as the government (the regering) and parliament (the Staten-Generaal, composed of the Tweede Kamer and the Eerste Kamer) fairly unsettled. Indeed, it is still uncertain which characteristics determine when rules in the political process could be fairly characterised as legal. Is the legal character of a rule dependent on its enforceability by the courts, on its ability to constitute an obligation that does not allow for deviations, or is there another characteristic that is more important for establishing the legality of a rule? To answer these and other questions, a new perspective on the relation between law and politics in the Dutch constitution is required. This thesis aims to provide such a perspective by introducing the concept of conventions into Dutch constitutional doctrine. Show less
This dissertation provides a comparative study on the rationale of publicity in the law of corporeal movables and claims. It examines possession, notification, and documental recordation as a means... Show moreThis dissertation provides a comparative study on the rationale of publicity in the law of corporeal movables and claims. It examines possession, notification, and documental recordation as a means of publicity by paying attention to English law, German law, and Dutch law. In this dissertation, a system of registration is argued to be introduced in the transaction concerning corporeal movables and claims. In the end, some proposals are made for Chinese law. Show less
This study addresses the frontier of coastal State jurisdiction and freedom of overflight through the lens of contemporary challenges in the maritime arena. From jurisdiction in airspace over... Show moreThis study addresses the frontier of coastal State jurisdiction and freedom of overflight through the lens of contemporary challenges in the maritime arena. From jurisdiction in airspace over maritime constructions, to air defence identification zones, and the provision of air traffic services in international airspace, it examines assertions of coastal State jurisdiction beyond that which is explicitly granted under international law. ‘Creeping jurisdiction’ as such assertions are known, is not a new phenomenon and much has been written on it over the years. This research aims to contribute to this body of work by approaching the matter exclusively from the perspective of freedom of overflight. Show less
The rationale behind this study is to describe four problems of death and gift taxes in a cross-border setting and to provide solutions to these problems under the current international and EU law... Show moreThe rationale behind this study is to describe four problems of death and gift taxes in a cross-border setting and to provide solutions to these problems under the current international and EU law mechanisms. These problems are double or multiple taxation, double or multiple non-taxation, discrimination and administrative difficulties. The selection of these problems is justified by the two main points of reference selected in the study, the 1982 OECD Model Tax Convention for the avoidance of double taxation with respect to taxes on inheritances, estates and gifts (OECD IHTMTC), and the inheritance tax report of the European Commission’s expert group, ‘Ways to tackle inheritance cross-border tax obstacles facing individuals within the EU’ from 2015. The study serves as up-to-date material for tax professionals, policymakers, academics and students as well as the general public who want to understand, amongst others, the problems of death and gift taxation in a cross-border setting, how the international and EU law mechanisms in this area of law work in practice, how the OECD IHTMTC can be improved, how the CJ’s case law on EU inheritance and gift taxation has resulted in the so-called ‘negative harmonisation’ of death and gift taxes in the EU, and whether the ‘one inheritance – one inheritance tax’ concept suggested in the inheritance tax report can provide a holistic solution to the problems of death and gift taxation in the EU. Show less
Taxation was at the core of colonial exercises of governance, state-building and state-society relations. This dissertation analyses taxation in colonial Indonesia between 1870 and 1940. In an era... Show moreTaxation was at the core of colonial exercises of governance, state-building and state-society relations. This dissertation analyses taxation in colonial Indonesia between 1870 and 1940. In an era of continuous expansion and reform, colonial statesmen envisioned a full-fledged tax state of equivalent and just forms of tax-payment in accordance with fair laws, a transparent administration and benevolent governance. They saw taxation as an important tool in the project of constructing a modern empire, ‘disciplining and improving’ its subjects and unifying and reforming the state. However, despite intricate law-making processes, shrewd strategies of data accumulation and registration, and a sophisticated bureaucratic machinery, the colonial state in Indonesia had limited success in realising its ambitions. On the ground, taxation was controlled by local elites and driven by processes of negotiation, mediation and subversion of the state apparatus. Rather than imposing a Western model of taxation on the colony, the resulting system became an amalgam of Dutch and local interests, while the state itself became increasingly mixed with the local structures and practices it was supposed to change and replace. Instead of a force of extraction and reform, taxation provided an arena for contesting the colonial state.Based on extensive archival research and traversing the Indonesian archipelago from Aceh to the Moluccas, this dissertation unveils the diverse administrative realities of colonial Indonesia as created by colonial officials, intermediaries and subjects. By focusing on taxation, it demonstrates how colonial governance was experienced as hybrid and malleable, thereby contributing to broader academic debates about colonial statecraft, fiscal policy and the consequences of colonial rule. Show less
We know that most persistent offenders who cause considerable damage to society showed delinquent behavior in childhood. However, the long-term development of childhood arrestees is not well... Show moreWe know that most persistent offenders who cause considerable damage to society showed delinquent behavior in childhood. However, the long-term development of childhood arrestees is not well understood as longitudinal data are largely lacking. Dothese high-risk children develop long-term offense patterns? Or are even the youngest children with a police contact capable of growing into law abiding adults? Or is it both? And, in case of the latter, which childhood arrestees stop showing delinquent behavior, and which children persist in crime into early adulthood? By providinginsight into the long-term development of offending of childhood arrestees, and uncovering its explanatory factors, the current thesis improves our understanding of the delinquent development in this high-risk offender group.The current thesis reveals that, in contrast to popular belief, childhood arrestees are not predestined to develop persistent delinquent behavior, as most children are not re-arrested between the age of 12 and 25. Recidivists display heterogeneity in their re-offense patterns, with only a small group of children developing into persistent offenders. Accounting for simultaneous risk exposure across life domains proved necessary to explain why childhood arrestees follow one trajectory over another. Problems in multiple life domains were found to predict persistent offense patterns. Show less
Collective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That... Show moreCollective identity can be altered by attacking culture’s tangible components (a temple) which are often a manifestation of or a support to their intangible (spiritual practice). That identity can also be altered by attacking culture’s intangible in isolation (prohibition of spiritual practice). The research determines the extent to which international adjudicatory mechanisms have considered the causes, means and consequences of intentionally attacking culture’s tangible and intangible components. The research then brings their separate practice together. Based on treaty law, culture will be placed in a legal mould. Culture can be anthropical or natural, movable or immovable, secular or religious, tangible or intangible, regardless of terminology (cultural property, cultural heritage, intangible or tangible cultural heritage). Culture will then be placed in a judicial mould, in order to consider how natural and legal persons can invoke cultural damage in judicial proceedings. Culture is a legacy-oriented triptych made of local, national and international panels. While each panel makes sense in isolation, they are best understood when viewed together. State responsibility and individual criminal responsibility-based jurisdictions have accepted that attacking culture may be both tangible-centred and heritage-centred in terms of typology of damage. They have further recognised that the victims of such attacks can be natural persons as members of the collective or the collective as the sum of natural persons. But the victims can also be legal persons which may participate in judicial proceedings and seek reparations for harm sustained as a result of damage inflicted to their property (a museum’s building as well as its artefacts). Show less
This dissertation assesses the current practices of parallel enforcement of international cartels from the perspective of proportionality of the overall punishment. The international community of... Show moreThis dissertation assesses the current practices of parallel enforcement of international cartels from the perspective of proportionality of the overall punishment. The international community of active cartel enforcers continues to grow. This has resulted in global cartels commonly being pursued in parallel in more than five jurisdictions, sometimes even more than ten. Still, there is currently very little international coordination aimed at limiting multiple enforcement of the same overarching cartel behaviour. Rather than adopting jurisdictional self-restraint, authorities appear keen to extend their extraterritorial reach to punish foreign cartel conduct. In addition, current sanctioning of international cartels is characterised by the piling on of individual fines imposed on the basis of domestically-focused sanctioning policies. These policies typically do not take into account foreign sanctions already imposed for the same overall conduct. This also means that authorities are not taking into account the proportionality of the overall punishment, neither from a retributive nor from a consequentialist perspective. Based on the research presented in this dissertation, it is submitted that overall proportionality of fines for international cartels can only be ensured if authorities take into account the extent to which retributive and deterrence objectives have already been achieved through sanctions imposed elsewhere. Show less
