The study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal... Show moreThe study focuses on how to establish prohibited airspace over conflict zones.This study endeavors to answer the following research questions:1) What are the conditions, including legal requirements, for establishing prohibited airspace?2) Who has jurisdiction to establish prohibited airspace?3) How can the status quo be changed with respect to prohibited airspace to enhance aviation security?The establishment of prohibited airspace concerns on the one hand, the principle of air sovereignty, agreed by governments as recognized in Article 1 Chicago Convention, and on the other hand, the object of agreeing on this principle to “develop international civil aviation in a safe and orderly manner”.Threads running through the chapters are the themes of sovereignty, jurisdiction, and territory. Show less
The thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study... Show moreThe thesis concerns a theoretical and doctrinal study of the justification of extraterritorial human rights obligations of states. It uses the search and rescue of migrants at sea as a case study to explore how power and causal relations inform the justification of relations of duty under human rights law compared to and in light of obligations arising under the international law of the sea. Show less
The state of our environment is a global concern. Despite an increasing awareness, setting internationally binding commitments has proven to be a challenging process. In the absence of a... Show more The state of our environment is a global concern. Despite an increasing awareness, setting internationally binding commitments has proven to be a challenging process. In the absence of a stringent international framework, states seek alternatives to promote environmental protection. Can states unilaterally impose trade measures targeting foreign production processes in order to protect transboundary environmental resources? Does WTO law allow for these ‘extraterritorial’ trade measures? This thesis examines extraterritoriality in the trade-environment debate. The WTO legal texts are silent on their jurisdictional scope and the case law has been scarce and incoherent. Part I discusses the relevant legal provisions and dispute settlement reports dealing with jurisdictional issues. Part II adopts a comparative perspective on extraterritoriality in different legal fields. Part III builds upon the lessons learned in Part II, proposing an extraterritoriality decision tree to assess the acceptability of trade measures targeting production within the framework of Article XX GATT. This decision tree is tested through case-studies: the WTO case US-Shrimp is revisited, in addition to EU environmental measures (fishing, emission trading, timber). This research demonstrates that the WTO legal regime does not constitute an impediment to global environmental action. Current WTO law leaves more room than is often thought. Show less
In the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction... Show moreIn the era of international(ized) criminal courts and tribunals, classical concepts of international criminal law such as principles and rules of extradition and of extraterritorial jurisdiction have fallen into oblivion. At the same time, globalization and the establishment of international criminal jurisdictions have brought about fundamental changes of relevant attributes of the international system, justifying and necessitating renewed scholarly attention for these seemingly over-analyzed phenomena. Due in major part to these systemic changes, the non-extradition of nationals increasingly comes under fire. As a consequence, several attempts were undertaken in recent years to disallow or at least considerably limit it. Focusing on two such endeavors (under the European Arrest Warrant and in the context of the International Criminal Court), this study attempts to identify the status and the role of the non-extradition of nationals and of its counterpart, the active personality principle in international (criminal) law. Recognizing that the non-extradition of nationals cannot be easily discard, in theory or in practice, the author considers ways to adapt these long-standing features of international cooperation in criminal matters to the requirements of international criminal justice. Show less
