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
Odette Nyiramuzima’s dissertation is a Legal analysis of access to Old-age public pension benefits in Rwanda: Challenges and Trends. Based on the approaches adopted by the ILO, the study’s... Show moreOdette Nyiramuzima’s dissertation is a Legal analysis of access to Old-age public pension benefits in Rwanda: Challenges and Trends. Based on the approaches adopted by the ILO, the study’s objective was the assessment of Rwandan pension legislation and its compatibility with international social security standards.As part of the findings, the study identifies gaps in national pension legislation with regard to coverage and benefit adequacy and finds out the usefulness of adopted International Labour Organization (ILO) conventions. From the assessment, the right to social security, including basic income security in old-age is not realized for many elderly people. Therefore, the study suggests a combination of different approaches such as contributory and non-contributory pension schemes, supported by progressive formalization of the informal activities, as an effective strategy to close pension coverage gap. These findings were reached by using doctrinal legal approach and comparative legal approach complimented by a study of ILO social security standards and reports, International Social Security Association (ISSA) publication, Rwanda’s pension legislation and policies and Focus Group Discussion.Odette’s study, one of the very few on this subject and area, forms a useful basis for discussion and further research on pension rights enforcement in a developing country context. Show less
This thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the... Show moreThis thesis focuses on the duty of independence and impartiality for arbitrators. The starting point is unambiguous: an arbitrator should be independent and impartial. Less unambiguous is the answer to the question of what this duty of arbitral independence and impartiality entails. This thesis aimed to shed light on this (general) research question.The objective of this doctoral research was twofold. On the one hand, the objective was to gain insight into the way in which the duty of arbitral independence and impartiality is interpreted judicially. To this end, it was examined how the duty is interpreted in arbitration legislation, institutional rules, and (arbitral) court rulings. On the other hand, the objective was to shed light on a number of (open) questions related to the scope of the duty. In this respect, it was examined, among other things, who exactly is subject to the duty, how the duty emerges in arbitration legislation and institutional rules, what the duty aims to achieve, the question from when and to when arbitrators must be independent and impartial, and whether the parties can waive the right to an independent and impartial arbitrator. Show less
Binnen de Nederlandse jeugdhulpverlening komt het voor dat ouders door hulpverleners onder druk worden gezet om ‘vrijwillig’ mee te werken aan hulpverlening, en soms zelfs aan een uithuisplaatsing... Show moreBinnen de Nederlandse jeugdhulpverlening komt het voor dat ouders door hulpverleners onder druk worden gezet om ‘vrijwillig’ mee te werken aan hulpverlening, en soms zelfs aan een uithuisplaatsing van hun kind. Dit wordt in de praktijk ‘drang’ genoemd. Waar het vrijwillige en gedwongen kader van jeugdhulpverlening duidelijk bij wet zijn geregeld, ontbreekt voor het drangkader een wettelijke grondslag. Vanuit verschillende hoeken wordthier kritiek op geuit, omdat dit leidt tot grote onduidelijkheden ten aanzien van de rechtsbescherming en verantwoordelijkheden van betrokkenen.In dit boek worden fundamentele uitgangspunten geformuleerd die gelet op de rechtshistorie en het internationale mensen- en kinderrechtenkader aan het jeugdhulpverleningsstelsel ten grondslag (behoren te) liggen. Vervolgens wordt diepgaand inzicht gegeven in het drangkader, de positie van dit kader binnen het jeugdhulpverleningsstelsel en wat dit betekent voor de rechtsbescherming en verantwoordelijkheden van betrokkenen in de praktijk. Tot slot bevat het boek aanbevelingen ter versterking van de rechten van jeugdigen en ouders die te maken krijgen met jeugdhulp op het snijvlak van het vrijwillige en gedwongen kader. Hiermee is dit boek waardevol voor beleidsmakers en professionals die werkzaam zijn in de praktijk van de jeugdhulpverlening, maar ook voor ouders, jeugdigen enoverige betrokkenen. Show less
This research presents a multidisciplinary study of information provided by the Dutch Tax and Customs Administration in a context of the rule of law and its implications for the application of the... Show moreThis research presents a multidisciplinary study of information provided by the Dutch Tax and Customs Administration in a context of the rule of law and its implications for the application of the principle of legitimate expectations in Dutch tax law. The study involves both the legal perspective and the citizens' perspective.This study subjects the current legal position to a critical analysis and – partly based on insights from linguistics and communication science – explores options for improvement. The central question is: ‘Should the application of the principle of legitimate expectations in the provision of information by the Dutch Tax and Customs Administration to citizens be re-evaluated, and if so, how?’ Show less
The evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This... Show moreThe evolvement of online platforms over the past decade has profoundly impacted consumers and business owners by facilitating and enhancing the intermediation and interaction between them. This allowed online platforms to continuously evolve as key players in the digital market. It was, however, not long before concerns were raised as to whether this process is unfolding in accordance with EU antitrust law and if not, whether EU antitrust law enforcement is feasible in light of the distinguishing multisided character of online platforms.This book consists of a compilation of articles that address some of the main elements of the application process of EU antitrust law to online platforms, with particular focus on art. 102 TFEU. It provides an overview of the various legal hurdles that need to be overcome in the process of enforcement with regard to such players and offers potential solutions for overcoming them. In this process, the interplay between the material and procedural boundaries of the current EU antitrust law framework and the distinguishing multisided nature of online platforms is extensively explored. The research and findings covered in this book are of value for academics and practitioners working in the field of (EU) antitrust law. Show less
This book explores the underlying principles of the law of compensation. To this end, it examines the meaning of four essential concepts: ‘damage’ (schade), ‘benefit’ (voordeel), ‘damage... Show moreThis book explores the underlying principles of the law of compensation. To this end, it examines the meaning of four essential concepts: ‘damage’ (schade), ‘benefit’ (voordeel), ‘damage attribution’ (schadetoerekening) and ‘benefit attribution’ (voordeelstoerekening). As a result of this examination, a three-step approach to compensation law cases becomes apparent. Although this approach is in my opinion widely followed in legal practice, it is usually not made explicit. By doing so, I hope to help legal practitioners clarify andrefine their reasoning and argumentation in compensation law cases and offer guidance in addressing the many challenging questions that arise in this area of law. Show less
Curaçao is an autonomous country within the Kingdom of the Netherlands and has just one single tax treaty for the prevention of double taxation, namely with Norway. Curaçao has proven unsuccessful... Show moreCuraçao is an autonomous country within the Kingdom of the Netherlands and has just one single tax treaty for the prevention of double taxation, namely with Norway. Curaçao has proven unsuccessful in the conclusion and ratification of full tax treaties. Until now, little attention has been paid to the underlying reasons why Curaçao has proven unsuccessful in building a tax treaty network. The central research question is: “How should Curaçao design its tax treaty policy in order to build a tax treaty network?” This study does not aim to provide recommendations on the technical aspects of a tax treaty policy or a model convention. Rather, the objective of this study is to identify the conditions for building a tax treaty network.The research identifies the obstacles for Curaçao to conclude (and ratify) tax treaties. Furthermore, the research shows which considerations are relevant for Curaçao to build a tax treaty network. The outcome of this research is an evaluation framework that can act as a guide for Curaçao when designing a tax treaty policy or adjusting a potentially existing (but unpublished) tax treaty policy. Show less
Every year, several thousands of companies are declared bankrupt in the Netherlands. The purpose of the bankruptcy proceeding is to distribute the assets of those companies among its creditors. The... Show moreEvery year, several thousands of companies are declared bankrupt in the Netherlands. The purpose of the bankruptcy proceeding is to distribute the assets of those companies among its creditors. The total value of the claims of the creditors, however, almost always greatly exceeds the value of the company’s assets. In approximately 25% of the bankruptcies irregularities have occurred that caused the bankruptcy or increased the deficit in the estate. The societal damage caused by these irregularities is estimated at more than one billion euros per year.The legislator has given bankruptcy trustees a central role in identifying and redressing irregularities. However, the task of the trustee is not without controversy, mainly because the bankruptcy community does not agree with the legislator’s assumption that the task of dealing with irregularities is an extension of the trustee’s core task of liquidating the estate in the interest of the joint creditors.This research examines the discrepancies between the expectations of the legislator and the practice of redressing irregularities by trustees. Based on three empirical studies, it is concluded that the expectations of the legislator have not yet materialized, especially because trustees experience various obstacles when dealing with irregularities. The likelihood of irregularities being addressed does not appear to depend solely on the financial resources in a specific bankruptcy, but also on the person of the trustee and the views of the supervising court and its supervisory judges as perceived by the trustee.The thesis culminated in a number of recommendations to remove obstacles experienced by trustees and a plea for a revision of the primacy of creditors in bankruptcies, in order to promote sustainable liquidation. Show less
In de moderne benadering van het aansprakelijkheidsrecht zijn recht en rechtsvordering van elkaar losgekoppeld. Er wordt veel aandacht besteed aan het bestaan van rechten en plichten, maar minder... Show moreIn de moderne benadering van het aansprakelijkheidsrecht zijn recht en rechtsvordering van elkaar losgekoppeld. Er wordt veel aandacht besteed aan het bestaan van rechten en plichten, maar minder aan de remedie die is verbonden aan een inbreuk op een recht of de schending van een plicht. Het gevolg van deze disjunctieve benadering is dat vooraf onduidelijk kan zijn welke remedie in een bepaald geval – en in welke omvang – passend is. Bovendien is achteraf niet altijd goed uit te leggen waarom juist deze remedie moest worden opgelegd. Dit zorgt voor rechtsonzekerheid en rechtsongelijkheid, waardoor effectieve rechtsbescherming onder druk komt te staan.Recht, plicht, remedie brengt in kaart hoe een relationele benadering van het remedierecht past bij het geldende recht en bespreekt hoe ze bijdraagt aan het vergroten van rechtszekerheid en het verwezenlijken van materieelrechtelijke aanspraken. De auteur legt uit waarom een remedie niet op zichzelf mag worden bezien. De remedie dient voort te vloeien uit de norm waaraan deze is verbonden en de strekking die deze norm heeft. Oftewel: de norm draagt de belofte van een passende remedie in zich. Show less
Wrongful moderation deals with internet intermediary service providers allowing users to provide and receive user-provided information. The central question in this dissertation is how these... Show moreWrongful moderation deals with internet intermediary service providers allowing users to provide and receive user-provided information. The central question in this dissertation is how these providers are provided with a legal incentive to overregulate or underregulate user-provided information based on its content. Providers that offer functionalities for user-provided information are criticised for failing to counter illegal content and overregulating content that is not illegal but considered harmful by the provider. In the United States of America and the European Union, legislation is proposed to remedy such overregulation and underregulation. Overregulation and underregulation could be tied to how the liability of service providers is regulated. Overregulation and underregulation may even occur when the provider is exempted from liability for the content of user-provided information – especially when this exemption is conditional. The central question in Wrongful moderation is to what extent the liability regimes in the e-Commerce Directive (EU) (enacted in 2000) and Section 230 of the Communications Decency Act (CDA) (enacted in 1996) (US) provide a legal incentive to overregulate or underregulate user-provided information. The focus lies on providers that offer an online platform to share and receive user-provided information because these providers are best placed to intervene in the content of user-provided information. Because of this intermediary position, these providers are the most popular targets for (state) regulation. 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
At the crux of article 5 is an attempt to re-imagine the parent-child relationship. It recognises that all children have a right to be parented with respect and tenderness.THis collection of... Show moreAt the crux of article 5 is an attempt to re-imagine the parent-child relationship. It recognises that all children have a right to be parented with respect and tenderness.THis collection of published manuscripts sheds light on the scope and meaning of the right to parental guidance, and considers its implications for children's enjoyment of rights in medical research. Show less
One of the few ways individuals can have meaningful contact with the outside world while incarcerated is through prison visits. Prison visitation has steadily gained academic attention in the past... Show moreOne of the few ways individuals can have meaningful contact with the outside world while incarcerated is through prison visits. Prison visitation has steadily gained academic attention in the past decade as theoretical accounts highlight that receiving visits in prison is beneficial and empirical studies largely reinforce this, leading to increased calls for stimulating prison visits. Yet not all results lead to unequivocal conclusions, and little is known about whether, how often, and from whom individuals receive visits and under which circumstances visits affect behavior, especially across different contexts and populations. Work on this topic is complicated as visitation is a heterogeneous experience and the social and incarceration contexts in which visits take place are complex. By taking a comprehensive approach and using multifaceted measures of visitation from several sources, the current dissertation furthers our understanding of prison visitation, its impacts, and its likelihood across people. This dissertation demonstrates that a substantial number of individuals do not receive visits in Dutch prison. While some individuals are less likely to receive visits, this dissertation finds that prison policies can also enable or hinder the receipt of visits. Receiving visits is not always positive for life in prison, but receiving frequent visits, especially before release, seems important for reentry success. 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
Worldwide, the legalisation of customary land rights has become a strategy for resolving land conflicts between local communities with companies and state agencies. In Indonesia, NGOs have been... Show moreWorldwide, the legalisation of customary land rights has become a strategy for resolving land conflicts between local communities with companies and state agencies. In Indonesia, NGOs have been promoting that strategy through campaigns for changing the legislation and directly assisting adat communities in concrete cases of land conflicts. However, success has been limited.Using a socio-legal research method, this book demonstrates the complexity of the legal recognition process of customary land rights in land dispute settings. It shows how the state legal framework deliberately repressed customary land rights over time, from the colonial period to the present. Detailed case studies also reveal competing interests among community members and their changing strategies in facing land conflicts. Finally, the book explores what happened in practice after communities did obtain legal recognition and whether that indeed solved their land problems.This dissertation invites indigenous rights activists and scholars to rethink the efficacy of the legal recognition strategy in using customary land rights claims as a solution to land conflicts. Show less
Note: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of... Show moreNote: dissertation is under embargo.Following the establishment of the United Nations, states have increasingly conferred powers on international organisations, thus raising the significance of such organisations in international affairs.Private parties are increasingly impacted by the actions of international organisations. This underscores the need for a proper understanding of the accountability of such organisations and, more specifically, their responsibility in a legal sense. This dissertation concerns the liability of international organisations towards private parties (excluding the personnel of the organisation).As a rule, when an international organisation is sued before a domestic court, the former can claim immunity from jurisdiction. Accordingly, the dispute cannot be adjudicated by such a court. That is essential to safeguard the independence of international organisations.At the same time, international organisations often are under a treaty obligation to provide alternative remedies for the settlement of disputes of a ‘private law character’. It is submitted that in discharging that obligation, organisations should adopt a systematic approach in conformity with the rule of law. That is needed both to bolster the jurisdictional immunity of such organisations and to increase their legitimacy. The dissertation sets forth proposals based on such an approach. In doing so, the ultimate purpose of the study is to contribute to enhancing the effectiveness of international organisations. Show less
This thesis deals with three restrictions on freedom of expression, namely 1) lèse-majesté (the insult to the national head of state; the monarch in a monarchy, or the president in a republic), 2)... Show moreThis thesis deals with three restrictions on freedom of expression, namely 1) lèse-majesté (the insult to the national head of state; the monarch in a monarchy, or the president in a republic), 2) the defamation of foreign heads of state, and 3) blasphemy (insulting religion or religious symbols). This thesis examines the background of these speech crimes, their (international) legal status, as well as their relationship to democratic free speech theory. Show less
This book explores the effects of war and displacement on the South Sudanese Zande, a people frozen in time by the classical anthropology of Edgar Evans-Pritchard. The research started in Western... Show moreThis book explores the effects of war and displacement on the South Sudanese Zande, a people frozen in time by the classical anthropology of Edgar Evans-Pritchard. The research started in Western Equatoria State, South Sudan, at a time of hopeful reconstruction (2014-2015). Yet after war resumed in 2015, nearly a million South Sudanese refugees fled to neighbouring Uganda – and so the study continues with South Sudanese Zande refugees there (2015-2019). Based on hundreds of inter views with refugees and stayees, chiefs and elder s, government officials and former combatants, and ordinary people, this book places conflict, confusion, and the search for continuity at the heart of the historical ethnography of the South Sudanese Zande. The book focuses on the ties between people, between people and land, and the competing efforts to control those ties. These three foci relate to proto-legal questions that underpin human society: Who are we? To whom and where do we belong? And whose authority do we accept? This study shows that these foundational questions gain new salience in times of crisis, as people turn to nostalgia and utopia to escape present despair. Show less
This study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and... Show moreThis study explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The study finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would impose inordinate burdens on them, and would be wholly unrealistic in light of the realities of hostilities, is unfounded and in need of revision.The methodology which this study develops for resolving issues of interplay lends itself to broader application than this research project alone, and can guide future research into issues of interplay. Show less
